The debate over the Uniform Civil Code has started once again in India. This discussion is taking place at a time when elections are going to be held in four states. The Law Ministry has written a letter to the Law Commission, seeking consent to implement the Uniform Civil Code.
Uniform civil code means uniform law for every citizen in the country, even if he belongs to any religion or caste. At present, there are different personal laws for different religions in the country. With the implementation of the Uniform Civil Code, the same law will be implemented for every religion. That is the tradition of ending the relationship by saying Talak for three times, will be ended in Muslims.
Add on, a similar rule will be applicable in cases like the right of women to father’s property and adoption. Whenever there has been a debate on the civil code, this code means bringing uniformity in the personal law of every religion. Under this, work will be done to improve the laws of every religion and bring uniformity. The meaning of the Union Civil Code is an impartial law, which has nothing to do with any religion.
It is not that with the introduction of the Uniform Civil Code, people will be stripped of their right to follow their religious beliefs. Article 44 of the Constitution favors the Uniform Civil Code, but they are directive principals. That is, it is entirely up to the government to implement or not to implement it.
Common civil code is applicable in Goa. On the other hand, Articles 25 and 29 of the Constitution say that every class has complete freedom to follow its religious beliefs and customs. With the implementation of the Uniform Civil Code, people of every religion will be brought under the ambit of the same law, which will cover matters like marriage, divorce, property and adoption. This will make people stronger on legal grounds.
The central government has raised this issue, but its implementation is a big question. However, BJP has a majority in Upper House and BJP can pass this code in the upper house very easily. Assembly elections are going to be held in four states including Uttar Pradesh within 2-3 years. If this time, BJP failed to implement Civil code, a situation of the cold bag will arise as in the time of Nehru government.
On the one hand, while the debate on bringing all religions in India under the same law is in full swing, on the other hand, many countries like Pakistan, Bangladesh, Malaysia, Turkey, Indonesia, Sudan, and Egypt have already implemented it.
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