This Article is written By Vanshita. J. Khatwani of 5th Semester of LLB of I.M Nanavati Law College Ahmedabad, an intern under Legal Vidhiya
ABSTRACT
In this era of modern technology and broad mind-ness, India is constantly improving and grasping the speed of development like other countries. India is well known country for its diversity in traditions, religions and cultures. But there are some demanding laws regarding the diversity. India at present follows structure in which separate religions have their own laws and rules. Therefore, through uniform civil code, India can be a step closer to equality and balance in society. Prime Minister recently has focused on the Establishment of Uniform Civil Code claiming that “Different Rules and Laws for Different Communities” cannot be operated. This article shows the detailed information about how and what kind of developments are done under uniform civil code.
Keywords: inequality, discrimination against religions, women empowerment, modernisation.
INTRODUCTION
“uniform civil code” means “establish and formulate personal laws in India without reference to whatever religion, tradition, cultures the people follow.” the existence of uniform civil code help in development of personal laws. uniform civil code has the power to gain a peaceful and progressive place for India .Uniform civil code main focus is to give justice to people who are trapped in a society where there is inequality, backwardness and poor maintenance of well cultured country. India’s foundation is it’s diversity and secularism which should be the main principle to develop the country. Uniform civil code covers areas like marriage, Divorce, maintenance and succession of property.
HISTORICAL BACKGROUND OF UNIFORM CIVIL CODE:
Taking a look back to the debates while the constitutional of India was formulating. B.R Ambedkar and many other Members of the Assembly believed that a Uniform Civil Code is Necessary to build Gender Equality, secularism and National Dignity. But, on the other side many members were against it because according to them Different laws with Different communities shouldn’t be interfered without their opinion. The Muslims and Hindus should have different laws according to their communities. Jawaharlal Nehru was convinced on implementing Uniform Civil Code he knew this will require extra caution and proper maintenance. On the other hand, Don’t want to push people to accept Uniform civil code. He believed it should be executed with the Trust and Unity of the people. The one landmark case of Uniform Civil code is Below:
SHAH BANO CASE:
this famous case is based on Muslim law and belief. A 73 year old woman was divorced by her husband using the triple talaq (speaking three times talaq).her husband was not ready to pay for her welfare and maintenance.so she went to seek help by the courts. The high court agreed in her favour to get maintenance from her husband.in 1985, The supreme court approved the petition of the old woman and granted her favour under the women and child provision act. The court said she cannot work to earn money for herself and the children at this age. Her husband has to take care of her maintenance and well-being.
CHALLENGES UNDER UNIFORM CIVIL CODE:
There were some members from the minor sections of societies claiming that Major sections and superiors of societies are imposing their thoughts on them to follow it. The matter was sensitive and it should be handled with full care and caution. There were chances where the personal laws can be meddling with the religious practices and beliefs. India is a secular country it supports the right to follow any custom, religion and traditions under Article 29 and 30.The main topic for argument was that Uniform civil code will breach or violent these articles.
OBJECTIVES OF UNIFORM CIVIL CODE:
India is a developing country it mainly focuses on the Economy, But the problems that are faced by citizens for lack of personal laws (uniform civil code) which can implicit a huge impact on the life of people.
(1)DISCRIMINATION AGAINST RELIGIONS:
the objective of uniform civil code is to create justice and balance in the society without harming any personal feelings related to religions and culture practices.in order to achieve justice in the country. The level of discrimination should be low and the amount of responsible commitment towards the secularism and inequality must be high. Discrimination itself is a crime no amount of discrimination should be accepted and serious steps should be taken against it. opposition should be done. People should be aware about such discrimination that it is not right and strict punishment should be given to the person who has done such crime.
(2) ADVANTAGES OF UNIFORM CIVIL CODE:
1) equality among citizens.
2)supporting legal personal laws.
3) development of women’s rights.
4) establishment of gender unevenness.
5) harmonious atmosphere.
the above factors are 70% of the reason for India to reach forward and develop a secular country. treating everyone with equality should be the main motto of uniform civil code. After implementing maybe there will be some issues to adapt such new forms, But after sometimes it can help for the future as well as present generation to take it into our day to day life.
(3) PROGRESSIVE & CURRENT DEVELOPMENT OF LAWS:
different laws create challenging and complex structure of legal society. to maintain these laws day by day progress are made and laws are introduced & formulated to update the society with progressive lawful circumstances. Progression and development are the necessities of the country. A developing and progressive country means where the mindset as well as the judgements of the people have changed. Their way of seeing things, their way of treating women and children have changed. This is what uniform civil code wants to achieve.
(4) WOMEN’S RIGHTS:
Another major factor for introducing uniform civil code into Indian law is less opportunity and benefits given to women and they are treated less by the society in terms of getting equal wage, violence, to be the owner of the property, health and mental holidays. Etc these are the basic requirements and rights of the women in order to live a peaceful and life full of dignity. Some people still consider taking dowry even in this generation, on the other side where society is developing these factors such as dowry pull the society backwards from
top to bottom line. Women empowerment helps woman become stronger and liable on themselves. They should take stand for themselves against any misbehaviour.
(5) LACK OF LEGAL AWARENESS AMOUNG CITIZENS:
citizens in India have very less knowledge about what kinds of rights and duties they process. only 30% citizens know what are there laws and how they are protected by these laws. These laws are beneficial from each and every person living in the country. These legal rights should be something the citizen of the country should be aware of. Legal awareness is legal education and establishment will include all areas of law and practice.it helps in creating knowledge of law among citizens which helps gaining justice and removing any kind of inappropriate behaviour towards the society. Awareness should not only be in the mind of the citizens but the person who has done such breach of laws should be made aware of the consequences he will face of his action. Criminals arise because of lack of education, less knowledge of law, abnormal mind extra knowledge and proper education should be given to the citizens.
ARGUMENTS IN FAVOUR OF UNIFORM CIVIL CODE:
It will help in reduction of Vote Bank Policy in India. Women will be granted more freedom and rights and that will help in a new generation developed nation. Secularism is supported and all Indian are treated equally. Personal laws restrict Privacy which is Breach of Human Rights. Under Articles 25 & 26 that promote freedom uniform civil code is not restricted to them. There will be no confusion and all the people will follow the same law and order. Like the Positive and Negative Impact of Particular Thing. Uniform civil code along with favour in arguments have several arguments that are not in support of uniform civil code. The implementation of Uniform civil code requires careful measures and considered of one’s diversity in religions.
NEED FOR UNIFORM CIVIL CODE IN INDIA:
The uniform civil code main objective is to unite diversity, culture and traditions and to promote more benefits from it. uniform civil code simply suggests us that if all the laws in the country started being equal then the level of justice can be made equal too. On the other hand, with advantages comes disadvantages too such as interfering in personal life of people, it is related to people’s feeling and sentiment it is tough task to implement.it is also considered a danger to culture and traditional practices. Due to these drawbacks the uniform civil code is not developed in India widely and in large scale. Uniform civil code support to decrease discrimination among caste, individuals, Women and the society.it helps to perform and excise duties for the development of the country.it is said to be a belief that if inequality is decreased in the Country, the country can achieve proper freedom in terms of rights, Lifestyle and duties. Uniform civil code also focuses on secularism. India is said to be a democratic, Republic and secular country. All the citizens have different faith and beliefs according to their religion and culture.it is kept in mind after successfully implementing uniform civil code no personal emotion should be hurt. The main goal is to provide a civilised and progressive society. For the complete development of the society happens when there is unity among citizens. the people of the country and the government should agree on the legal matters which are based for the growth in the country. The more the concentration on human improvement the more the co-operation from the citizens.it is not just need but to be considered as basic necessity of the people to get treated with equality and justice. Uniform civil code has always said to accepting what crime and guilty actions have done with people and giving them proper treatment and advantages.
RECENT DEVELOPMENT REGARDING UNIFORM CIVIL CODE IN INDIA:
- LAW COMMISSION’S RECOMMENDATION:
In August 2018,The consultant paper was formed for family law to show how the issue of uniform civil code is broad and widespread. In October 2021, Law commission of India suggested the enactment Of Uniform civil code in India. The commission supports the idea of Equal rights , freedom and equality and it should be implemented Properly. Meeting was arranged for the establishment of uniform Civil code with various partners. On June 14,2023 another meeting Was called with partners. The opinion was asked from the local Citizens and the religious organisations.30 days of time was given To citizens for their opinions and suggestions. The 22nd law Commission decided to consider the matter again since 3 years have agreed passed when the first meeting was called this was very important that cannot be ignored or neglected. Government Declared the use of website and registration government Email For any submissions regarding the uniform civil code. Kerala is the first assembly to pass resolution against the enactment of uniform civil code on 18th June,2023.
GOA UNIFORM CIVIL CODE:
Goa is the only State to have Uniform Civil Code. Goa stands to be the perfect example for equal rights to everyone, because it gives equal rights to each and every citizen in terms of family law. There is no such thing as Muslim law, Hindu law or Parsi law. Family law rules are same for everyone.it has accepted the uniform civil code for the betterment of the stating is a progressive state which accepts equal division of gender & equality laws. Each and every marriage and birth have to be registered compulsorily.it is said that Muslims who have married in Goa cannot divorce by triple civil code. For the time span the couples are married, both of them have the right to each other’s property and wealth and in case of the death of any partner the surviving partner gets everything. goa has made very liable and developing rules which helps in maintaining justice and equality between citizens from women’s rights to children rights every one of the citizens is accepted without any discrimination or hesitation. goa has given permission to parents to give half property to children at least other half depends on their will and wish. goa is a small state the maintenance of people is not higher or less. Goa Government’s best motive is to provide equal rights (regardless of any gender) is considered the best decision made for the expansion of the state. The state of Goa implemented the uniform code in 1961.the code covers all disputes of marriage, death, birth and divorce. therefore, if each state adopts uniform civil code, it will reduce the complaints and problems related to inequality and legal disputes. goa has gained eye of many foreigners because of its freedom and the nature to respect and provide rights that are in advantage of people Goa is said to be one of the best places in India where there is no discrimination, Gender inequality and citizens have their own duties and rights to follow.
CONCLUSION:
the need for a uniform civil code of India is not just a minor matter for constitution but a forward step towards equality secularism, and justice. All citizens would be assured equal rights keeping in mind their faith and belief on religious and cultural matters. uniform civil code has the power and capacity to transfer India into a progressive, developing and peaceful country. implementing a uniform civil code is challenging as well and sensitive issues while dealing should be kept in mind then decisions should be taken.
in order to introduce uniform civil code, it should be done through dialogues and policies. uniform civil code protects the nature of one’s personal rights and duties that has been formulated for the people. the Indian law should keep moving forward for the established of a road to modernisation. it is not compulsory all the people who are religious-based will oppose it anybody can oppose it. the uniform civil code is basically the root cause of the eradication of many problems and matters in the legal field. it opposes racism, which can be seen everywhere in the world. Therefore, Every country deserves to include uniform civil code.
REFERENCES:
1) https://blog.ipleaders.in/significance-uniform-civil-code-present-day/
2)https://www.studyiq.com/articles/uniform-civil-code/amp/
3))https://www.drishtiias.com/daily-updates/daily-news-analysis/uniform-civil-code-9
4)https://blog.finology.in/Legal-news/women-rights-in-india
