Critical Analysis Of Objections To Uniform Civil Code

Harshita Jain, Assistant Professor, IILM University, Gurugram

ABSTRACT

Uniform Civil Code, is enshrined under Article 44 of the Directive Principles of State Policy, of the Constitution of India. It is defined as “One nation, One Law”. It mainly aims to replace Personal Laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen. It symbolizes that every citizen of India should pay respect to one codified law, irrespective of their religion. Many objections to enactment of the Uniform Civil Code, have been raised by various communities of the country, including, objections like, Secularism, difficulty in devising law, neglecting of the minority communities, diversity and cultural Identity. This paper seeks to critically analyze these objections. The Uniform civil code would codify the practices of each religion, including the customary practices, which are not derogatory or discriminatory to the society. Thus, Article 44, should be enacted, but only after due awareness and proper caution.

Keywords: Personal Laws, Customs, Codification, Uniform