Geetishree Dash, LLM, SOA National Institute of Law (SNIL) University Bhubaneswar, Odisha
"The denial of justice in any location weakens justice universally."
ABSTRACT
The word Uniform Civil Code consist three terms that is ‘Uniform’, ‘Civil’ and ‘Code’. The term uniform means all people are same in all state of affairs; the term civil derives from the Latin word ‘civilis’ means citizen and courteous and the word code derived from Latin word ‘codex’ which means book of laws. So, therefore, it denotes that uniform laws are applicable to all citizen of India inspite of their caste, religion, birth, gender and tribe.
The Uniform Civil Code (UCC) in India is a proposed legislation that aims to establish uniform personal laws which will be applicable to all individuals inspite of their gender, sexual orientation, or religious affiliation. At present personal laws are governed by religious books specific to different communities. UCC is a set of laws that governs all the transactions. The Uniform Civil Code means a uniform personal law for all citizens of the country. The need for such a code was to take into consideration the constitutional power of securing justice and equality for all citizens. Uniform civil code was defined as a proposal in which the personal laws of the country should be replaced on the basis of scriptures and customs of each major religious community in India.
A uniform civil code would ensure that all citizens of India are governed by the same set of secular civil laws in matters of marriage, divorce, maintenance, adoption and inheritance. It is true that present day family law is a mixture of old and new and it is complicated, incoherent and non-symmetrical in nature so there is need for such code which will do an incredibility with diversity in "The implementation of the Uniform Civil Code will result in the cessation of all communal conflicts." matrimonial law. The relevant question that arises is: “If same law of contract or torts applies to a Hindu and Muslim, why not the same law of marriage and divorce applied to these communities?
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