This article is written by Pubali chatterjee and Sagarnil ghosh, students of Amity Law School, Kolkata.

Abstract

India is “Socialist, Secular, Democratic, Republic”. Diversity is the essence of India, but diversity in law is unjust.

Article 14 of the Indian constitution says that every individual is in the same pedestal in case of the law of the land, but forever there has been a gap between making of laws and implementing them. The recent judgement on triple talak is indicative of the issues that were faced by Muslim women from time immemorial and the measures required to be taken were not done on time.

The question arises that when everyone is under the rule of the land then why are different rules devised for different communities?

133.92 crore diversity is accepted but why not a single rule for all these diversifications be tied up together to unite every individual in a true sense.

Protection of law and the establishment of the fundamental rights are not only extended to the citizens but are also for any person inhabiting the territory of India. Any discrimination whatever be it so disturbes the protection of our law and equality of law.

Introduction

In a country like India where there is a diversification of religion practiced by the citizen, Uniform Civil Code is such a debatable topic which really brings out a point of question mark whether it will be a really benchmark to the Indian Personal laws or whether it will be a nail to the coffin of the diverged personal laws.

Uniform Civil Code is the different set of laws which mainly governs all the personal matters of the citizens of India without creating any discrimination or irrespective of religion to ensure the fundamental rights and Constitutional rights of the citizens of India.

It simply means that a different set of laws is going to replace all the on-going laws of the diverged religion culture of Indian Citizens.

In the Indian land the demand of uniform civil code dated back to the time when in the early arrival of the 20th Century when some of the women activists had put it forward with the main motive of women’s equal rights and protections and also for equality and secularism. Till independence a number of law reforms were passed keeping in mind the thought of improving the condition and the wrongdoings towards women especially towards the Hindu Widows.

In the year 1956 although their was a demand for Uniform Civil Code made by former Prime Minister Jawaharlal Nehru along with his supporter and the women activists but still the drawback remains it being duly opposed by the Muslim opposition member so duly they had to accept the Hindu Code Bill and also the uniform civil code being added into the Directive Principles of State Policy of the Indian Constitution.

Dating back to the colonial period of India when India was under the reign of the British East India Company when Lord William, the then Governor General of India tried to save the women from the evil system of Sati and passed the Regulatory Statute against it, it was the time when there was the establishing of UCC.

Legally codified provision of the Uniform Civil Code

Article 44 of the Indian Constitution states that, the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

The above article gives a clear cut and transparent legally codified provision that there should be uniform civil code throughout the territory and the union government should endeavour it to secure the rights of the citizens of our country.

The Article appears to have been the subject of a lot of discussion, yet simultaneously, not of enough. Additionally, such discussions appear to have left the subject of the Article for example the uniform common code, reeling and turning in a circle and on a hub all alone, a lone planet pivoting around the sun (general assessment), with the intermittent space rock hit by either a media or a discretionary hungry lawmaker or ideological group, or the legal executive, or a lobbyist to move it out of its circle, however just towards a capricious heading which even the propellers don’t know about, just to discover it at last come back to its solitary circle of lack of concern at the appointed time.

The landmark judgment which held UCC 

In the Shah Bano case judgement: It is likewise a matter of disappointment that Article 44 of our Constitution has stayed a dead letter. There is no proof of any official movement for surrounding a typical common code for the nation. A conviction appears to have made strides that it is for the Muslim people group to take a lead in the matter of changes of their own law. A typical Civil Code will help the reason for national coordination by evacuating different loyalties to laws which have clashing belief systems. No people group is probably going to ringer the feline by making unnecessary concessions on this issue. Justice to all is an unmistakably more agreeable method for administering justice than equity from case to case.

A step towards the Uniform Civil Code

On passing the decision of Juvenile Justice (Care and Protection of Children) Act is by all accounts an endeavor in moving towards UCC. As, it prepared for an appropriation of kid by people from Muslim Community despite the fact that not permitted under their own laws. The Supreme Court of India again requested that the Union Government structure a UCC to expel sexual orientation disparity and cancel the retrograde practices followed under the system of individual laws.

As we realize that there is a Criminal Code which is pertinent to all individuals regardless of religion, position, clan and residence in the nation however there is no comparable code identified with separation and progression which are administered by Personal laws.

Status in Goa

After Independence, the State of Goa has embraced the Portuguese Civil Code which implemented a UCC for every one of its residents. Under this code, Married couple holds joint proprietorship in all advantages claimed and obtained by every mate. Indeed, even Parents can’t exclude their kids totally at any rate half of the property must be given to them. Muslim people who have enlisted their marriage in Goa are not permitted to rehearse polygamy.

In Goa, every individual is bound by the same laws relating to marriage, succession, and divorce. The communities are not under their personal laws.

Contrary to Article 25 of the Constitution

According to the Indian Constitution, Article 25 states that all the persons are equally entitled to freedom of conscience and the right to freely profess and practice and propagate religion which is becoming a provision contrary to the Uniform Civil Code when the UCC is established. Therefore the Uniform Civil Code and the personal laws should be given a combined platform to be operative without any kind of discriminations or disagreements. The main important note regarding to the contrary is that the UCC is just a modern set of laws which are to be incorporated in place of the personal laws and duly and newly followed by the citizens of our country but the main question is that what is going to the ancient customs of all the existing personal laws which duly has been followed by the citizens. There should be a proper effective and efficient implementation of the UCC otherwise it can create various disagreements and discriminations among the citizens of our country as it is the question of new laws v. all the existing personal laws which happened to be followed over decades.

UCC! Why?

To give equivalent status to all residents independent of their religion, class, standing, sex and so forth. 

• To advance sexual orientation fairness. UCC will bring the two people at standard. 
• To suit the desires of the youthful populace and to use their maximum capacity towards country building. 
• All Indian residents are equivalent under the steady gaze of the official courtroom. That is the criminal laws and other common laws with the exception of individual laws are same for all. Along these lines, UCC is important to advance the national joining. 
• To sidestep the issue of change of existing individual laws.

UCC! Why not?

• Due to assorted variety in India it is some place intense to concoct a typical and uniform arrangement of rules however our Government is attempting to think of regular principles. 
• Several people group, for the most part minority networks see Uniform Civil Code as an infringement on their privileges to strict opportunity. 
• In close to home issues, obstruction of state. As the constitution accommodates one’s preferred privilege to the opportunity of religion. Be that as it may, with the codification of uniform guidelines and its impulse may decrease the extent of the opportunity of religion. 
• To bring UCC is a delicate and extreme assignment however not feasible.

View point in various Case Laws

1. Mohd. Ahmed Khan v. Shah Bano Begum, in this case the then Chief Justice Y.V Chandrachud, observed that a common civil code for all the citizens of India would help in the removal of all the discriminations amongst the people of different religion and would be helping in the loyalty towards law.
2. John Vallamattom&anr v. Union of India, in the case it was duly stated that a Common Civil Code will help the reason for national incorporation by evacuating the inconsistencies dependent on belief systems”.

Conclusion

As, Common Civil Code would set up a lot of laws to oversee individual issues of all residents independent of religion is maybe the need of great importance. Truth be told, it is the foundation of genuine secularism. Such a dynamic change would not just assistance end oppression on ladies on strict grounds yet additionally fortify the mainstream texture of the nation and advance solidarity. There is a need to change our social framework, which is loaded with disparities, separations and different things which struggle with our Fundamental Rights.

With evolving times, the need has emerged for having a Common Civil Code for all residents, independent of religion, guaranteeing that their crucial and Constitutional rights are secured. Indeed, even Secularism and National Integrity can likewise be reinforced by presenting Uniform Civil Code.

Indian constitution speaks about secularism which means that there is no state religion which has to be professed by every individual. The word secularism has been inserted in the constitution’s preamble after the 42nd Amendment Act.

The 42nd Amendment Act of the Constitution, 1976 is the most questionable and debatable amendment of India.

It happened to change the Preamble of India which was earlier the “Sovereign, Democratic, Republic” to “Sovereign, Socialist, Secular, Democratic, Republic”.

It was done by the Indian National Congress headed by Indira Gandhi and it is referred to as the most controversial amendment because it had wholly come up to meet the personal ambitions at the period of emergency.

This emergency era had been widely unpopular and the 42nd Amendment was the most controversial issue.

For a bill to pass it requires a two third majority but the whole act was done during the emergency period without the majority vote.

Secularism is now challenged after the UCC coming in but the question arises whether the establishment of that very secularism had any legal validity or not?

India should not be talking about Secularism because India already divides the communities into different castes and provided reservation for those who are backward and is also inclined to provide personal laws to every community in India.

There is no equal protection of rights of individuals, how can it establish secularism?

How can uniform civil code be an exception to the so called “secularism” our country talks about?

All human beings have two eyes, two ears, two noses, everyone is exposed to the same soil of India and they inhale the same air, even the constitution lays them on the same footing then why should there be any discrepancy in the laws that would be subjected to them.

The laws should be the same for one and for all,there must be one rule as there is one nation.

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