Pullabhotla VLS SriChakrapani, Sharda University
ABSTRACT
Another title for “Uniform Civil Code’’ is “A National Imperative”. The constitutional mandate is to secure the uniform civil code for the citizens of India in the light of the existing social, economic and political scenario. Article 15[1] of the Indian Constitution provides that there shall be no discrimination on grounds of religion, sex, etc and also the government has a special power to make laws for women and children. According to article 44[2] of the Indian constitution make uniform civil code laws for all citizens of Indian territory. Uniform Civil Code (UCC) is a concept that refers to the overreaching of the uniform civil code. India already has a uniform criminal code and civil laws which includes Contract regulation, Civil Procedure Code, Transfer of Property Act etc. Thus, UCC referred to the personal laws in India. All the Indian personal laws find their origin in ancient religious laws which were followed for long period of time. All of them in different forms and degrees discriminated against women vis-à-vis the men within each community for a long period of time. UCC has been wrongly posited as an attack on religion and non-secular identities and larger however quitter voice of gender justice is resulting in uncertainties or lower degrees of society and continues discrimination until now. UCC administers has the same set of guidelines for secular civil legal guidelines has to control all residents regardless of their religion, caste, vicinity, poverty and tribe. Such codes are well placed in most of the countries throughout the world. They demand to change in the personal laws it is essential for it. It would be directly affecting the status of a woman in their family and at the different following situations like marriage, divorce, maintenance, inheritance, succession, guardianship and adoption. The controversy is revolving around the UCC has been secularism and their freedom of religion enforced in the constitution of India but the fact of the ground is too conceived as a part of secularization of personal laws without shedding religious identities of their cast, tribe, poverty, ancient rules, and discrimination of women’s and children at any particular grounds.
[1] Constitution of India, Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them
(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to
(a) access to shops, public restaurants, hotels and palaces of public entertainment; or
(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public
(3) Nothing in this article shall prevent the State from making any special provision for women and children
Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes
[2] Constitution of India, Article 44. Uniform civil code for the citizens The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.
Comments