Open Access Research Article
PROBLEMS IN LEGISLATING OF UNIFORM CIVIL CODE IN INDIA
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Article Details
PROBLEMS IN
LEGISLATING OF UNIFORM CIVIL CODE IN INDIA
Name : Vaibhav Bhardwaj
Enrollment Number : 1020212256
Submitted To : Dr. Mritunjay Kumar
Problems In Legislating Of Uniform Civil Code
In India
Subject :- Legislative Drafting
Course :- BA LLB Hons.
Semester :- 2nd
Himachal Pradesh National Law University Shimla
INDEX
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S.NO.
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TOPICS
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1
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ACKNOWLEDGEMENT
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2
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AIM BEHIND WRITTING ON THIS ISSUE
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2
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EXECUTIVESUMMARY
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3
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INTRODUCTION
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4
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HISTORY OF UNIFORM CIVIL CODE
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5
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WHY UCC IS NOT IMPLEMENTED AT THE
TIME OF INDEPENDENCE
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6
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OBJECTIVES OF UNIFORM CIVIL CODE
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7
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DOES INDIA NEED A UNIFORM CIVIL
CODE
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8
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SUPREME COURT VIEWS ON UNIFORM CIVIL
CODE
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9
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UNIFORM CIVIL CODE AS A BOOM IN
THE SOCIETY
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10
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PROBLEMS/ DISADVANTAGES OF UNIFORM CIVIL CODE
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11
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COUNTRIES WHO ADOPTED UNIFORM CIVIL
CODE
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12
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RESEARCH
METHODOLOGY
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13
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WILL UNIFORM CIVIL CODE REALLY
EFFECT THE RELIGIOUS LIBERTY OF PEOPLE
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14
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WHOSE
RELIGIOUS LAW WILL PREVAIL IF
UNIFORM CIVIL CODE IS IMPLEMENTED ????
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15
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WHAT WILL HAPPEN IF UNIFORM CIVIL
CODE IS IMPLEMENTED
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16
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UNIFORM CIVIL CODE IN GOA
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17
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WHO WILL BE BENEFITED FROM THE UCC
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18
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CONCLUSION
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ACOWLEDGEMENT
The success and final outcome of the
project required a lot of guidance and assistance from many people and I
am extremely fortunate to have got this
all along the completion of our assignment work . Whatever I have done is only
due to such guidance and support and I would not forget to thank them . I
respect and thank Dr Mritunjay Kumar for giving me an opportunity to do this
assignment work and providing me all the support and guidance which made me
complete the assignment on time . I am extremely grateful to him for providing
such a nice support and guidance .
I am really grateful because I
managed to complete this assignment within the time given by Dr Mritunjay Kumar
. This assignment cannot be completed without the efforts and cooperation of
various people . Last but not the least I would like to express my gratitude to
Himachal Pradesh National Law University , Shimla for the support and
encouragement shown in me .
ABSTRACT
The primary goal of this essay is to
attempt to define what the Uniform Civil Code is , which is one of the nation’s
most significant and contentious issues . What issues does this law cause
people to have ? What should be done by the government to adopt the Uniform
Civil Code ? What will occur if the Uniform Civil Code is put into effect ? One
of the most crucial question is then asked . Is India’s society under peril or
booming as a result of Uniform Civil Code ? We will also take into account the
opinions of some scholars on this matter and what was debated in the
Constituent Assembly regarding it ? Why Uniform Civil Code could not be adopted
at the time of framing of the Constitution ? in order to determine the answers to all these crucial
questions . In this essay we will also try to analyse the situation of those
countries who adopted Uniform Civil Code . What India can learn from those
nations while adopting Uniform Civil Code . We will also analyse one of the
most crucial question of Whose religious law will prevail if Uniform Civil code
is implemented ? How Uniform Civil Code became successful in Goa ? Will Uniform
Civil Code really give an entire authority to government to govern and regulate
religious belief of Indian citizens according to it’s will or choice . What are the views point of judiciary on this
contentious issue of nation ? Will Uniform Civil Code or UCC really exploit the
religious faiths and beliefs of the minority or weaker groups of the society .
Last but not the least , my opinion regarding this most contentious , divisive
as well as debatable issue of the society , state or nation as a whole .
Key Words:-
Uniform Civil Code , peril or booming , Constitution , Other nations experience
after adopting Uniform Civil Code , Goa , Judiciary , religious beliefs ,
govern .
EXECUTIVE SUMMARY
Before understanding the Problems In
Legislating of Uniform Civil Code it is important to understand the
meaning of legislation . Legislation is the process of framing ,
enacting and implementing of rules as well as regulations and their
implementations are commonly known as law . The process of writing any rules or
regulations and converting them into law is known as drafting . These
legislations are necessary to maintain a state of piece , prosperity as well as
security in the society this statement can be elaborated in this way . That if
laws are framed by proper legislations and are written in form of acts and
provisions than the society will be able to obey these laws or rules in a
better way without any point of clash or confusion .
INTRODUCTION
ON UNIFORM CIVIL CODE
We are all aware of the fact that
Uniform Civil Code or UCC , is one of the most divisive issues in both politics
and religion . However , before discussing UCC in more detail . It is critical
to comprehend what it is . How does it get started ? A proposed law or the
combination of laws called the Uniform Civil Code is being brought
before the Indian parliament . It is a code that seeks to impose a common set
of laws and regulations across the entire country , regardless of religion ,
race , caste , sex, or gender . It aims
to combine all religious laws and regulations into a single body of law . Even
the Indian Constitution provides information regarding how the Uniform Civil
Code will be applied . Article 44 of the Indian Constitution contains the
provision for establishing the Uniform Civil Code . This article grants the
state the complete authority to apply the Uniform Civil Code to all Indian
nationals whenever it feels it is necessary .
HISTORY OF
UNIFORM CIVIL CODE
The conflict over Uniform Civil Code
began under British administration . When British colonisers attempted to alter
Indian religion and culture by putting Western ideologies on the country .
According to a research titled Lex Loci , personal laws for Hindu
and Muslims shouldn’t be formalised . India became religiously divided as a
result of this report . two main religions , Hinduism and Islam , were
established in India after the publication of this report. Additionally , a local court was established to handle civil
issues brought by religious committees . Hindu law was given a lot of
importance because it was simple to follow . On the other hand Muslim law was
inconsistent since it was applied differently throughout India . During British
occupation , laws were passed that forbade the practise of Sati .
Post – colonial times are included in
the Uniform Civil Code’s historical context . Following the end of British control , several
political figures , including Jawaharlal Nehru ( the country’s first Prime
Minister ) and several women politicians , called for the implementation of
Uniform Civil Code across the board . Dr . BR Ambedkar was tasked with
introducing this bill when he was designated law minister at the time of
independence . However the bill was unable to be introduced .
WHY UCC WAS
NOT IMPLEMENTED AT THE TIME OF INDEPENDENCE ?
People like Jawaharlal Nehru and Dr
. BR Ambedkar ( Bheam Rao Ramji Ambedkar
) supported the establishment of the Uniform Civil Code in Indian society when
it became independent . Even a debate
over the adoption of the Uniform Civil Code in Indian society has begun in the
parliament . Dr BR Ambedkar , a former
law minister , criticised Indian
society and claimed that the caste system was only a product of that society . Only the Uniform Civil Code , in his
opinion , can help the Hindu committee and all of India’s society . Additionally , he held that the Uniform
Civil Code is the only means by which
Muslim women may raise their standard in
the society . However , the Indian
government encountered fierce opposition once the debate over the
implementation of Uniform Civil Code began in the parliament . Due to this , the Indian government adopted
Hindu Code Bill , which largely focused on marriage , property etc., instead of the Uniform Civil
Code . Initially , women and the general public supported this bill . However ,
shortly after society quickly changed it’s mind , and the Hindu Code Bill was
also opposed by many . Additionally , the Hindu Code Bill was unable to end
discrimination on a societal level . As a result of these conditions , the
Indian government decided to halt the implementation of Uniform Civil Code . It
amend Article 44 of the Indian Constitution to include the Uniform Civil Code
provision . This document which is also a Directive Principle of State Policy (
DPSP ) or Part 4 of the Indian Constitution , said that the following
governments can put this code into effect as they deemed fit for the nation .
OBJECTIVES
OF UNIFORM CIVIL CODE
Any laws or norms in the society are
created , implemented , and carried out with certain goals or purposes in mind
. The same is true of the Uniform Civil Code . The following are the main goals
and aims for establishing the Uniform Civil Code in society :
·
The
main goal of the Uniform Civil Code is to eliminate discriminatory practises
against weaker members of the society , such as women , the poor , and racial
and caste minorities . It also focuses on preventing divisions in India on the
basis of race , religion and caste .
·
Dr
. BR Ambedkar asserts that the Uniform Civil code will aim to provide women
equal status and rights in society .
These are a few primary goals of the Uniform Civil Code .
which is included in Article 44 of the Indian Constitution .
DOES INDIA
NEEDS UNIFORM CIVIL CODE ?
As we are aware , the question of
whether or not India should adopt Uniform Civil Code is one that is frequently
discussed . Politics around this subject has been going on since the British
era . Many eminent academics and
political activists think that India is
a nation with many different religions
and cultures . Caste and Religion are
mixed together in Indian society . Due
to these various social classes and groupings there are instances where caste
or religious conflicts arises in the society
. As the majority of the religions , such as Hinduism and Islam, have their own laws and regulations . However , there are instances when these
norms conflict with one another creating a condition of tension . Hence to prevent conflicts based on caste
or religion , the society needs a Uniform Civil Code . However ,
some academics contended that the
implementation of the Uniform Civil Code will put an end to Indians freedom to
freely practise any faith . These experts
claims that this law will obviously violate the rights to freedom of religion
provided for in Article 25 , Article 26 , Article 27 and Article 28 of the
Indian Constitution . It will also have an impact on the country’s secular
identity. Nevertheless , the judiciary bases it’s decision on their viewpoint
on this most contentious matter on the
cases and rulings they render .
As in the instance of Shah Bano versus Union of India ( 1985 )
in which the Supreme Court ruled that in accordance with Section 125 of the
Code of Criminal Procedure , the male family member is required to
provide support for his wife , family , children and parents . Only in this
particular instance the court go on to
elucidate on the necessity for common
law , which must be implemented equally
to all Indian residents regardless of religion , colour , race , caste , sex
etc. The creation of the Indian Uniform Civil Code is credited to this court ruling . I believe that the implementation of the
Uniform Civil Code should take time . It needs to be deployed gradually so that people won’t
perceive it as a danger to their religious practise . I believe that this
delicate topic should be the subject of an open discussion . This should not be seen as a political matter and after being introduced in the parliament the law must be forwarded
to the Select Committee of the parliament before being brought up for
discussion in either chamber . This law has to be constantly amended and updated .
SUPREME
COURT’S VIEW ON UNIFORM CIVIL CODE
The Honourable Supreme Court has
indicated it’s support for the nation wide implementation of Uniform Civil Code
in a number of important decision . On this side we will examine some
significant decisions where the Supreme Court discussed implementation of
Uniform Civil Code across the board .
These rulings unequivocally demonstrate the need for the nation to adopt the
Uniform Civil Code . These are listed
below :-
·
Union
of India and others vs Smt. Sarla Mudgal and others :-
A decision in this matter was made on May 10 , 1995 . In this
instance , the court made the
observation that the state should work to achieve a Uniform Civil Code for Indian nationals .
The court additionally determined in this instance that the custom of switching from one
religion to another for a second marriage without getting the dissolution of
first marriage is considered to be illegal .
·
Sat
Prakash Meena vs Alka Meena :-
The major question before the court in this case was whether
the Meena group was covered under the Hindu Marriage Act of 1955 . According to Section 2( 2 ) of the Hindu
Marriage Act of 1955, the Meena
community is not covered by the Hindu
Marriage Act, hence Meena community members are not subject to it’s provisions
. The Supreme Court of India received the matter from Tis Hazari court . The respondent argued before the court that the case should be
dismissed because the Meena community is under Rajasthan’s Schedule Caste
status , which make the Hindu Marriage Act inapplicable to them . In this case , the court recognised the
need to implement Uniform Civil Code and held the divorce to be valid .
·
Ms.
Jordon Diengdeh vs SS Chopra :-
In this decision , the court reiterated the critical need for
a Uniform Civil Code across the entire country . The court determined that the
grounds for marriage and divorce are different and at odds in this case . The
court also referred to the important ruling in Mohomad Ahemad khan versus Shah
Banno Begum and urged the government to implement a Uniform Civil Code for
improved legal administration .
·
Ahmedabad
Women Action Group vs Union of India :-
The matter is being heard by a three judge , panel that
includes CJI AM. Ahmadi , Justice Sujata V. Manohar and Justice K. Venkataswami . The court’s primary
concern in this case is whether the
judiciary has the authority to get involved in the debate over whether or not
personal laws should be unified ? The Supreme Court ruled in this case that the
legislature or parliament has the authority to execute the Uniform Civil Code
and that the judiciary has no jurisdiction over this matter because it involves
state strategy .
We can infer from the aforementioned rulings that the Supreme
Court has made every effort to persuade parliament that the Uniform Civil Code
is necessary to resolve conflicts between various religious laws in society . [1]
UNIFORM
CIVIL CODE AS A BOOM IN
THE SOCIETY
Certain benefits of the Uniform Civil
Code can be noted . They are as follows :-
·
It
will work to bring the whole country together . This implies that people will
come together regardless of their ethnicity , caste , or religion .
·
This
code will eradicate religious discrimination from society and promote equality
for all persons before the law . It can be further explained that women of whatever
religion , race, or caste will be treated equally in society as well as members
of vulnerable group , poor people, and schedule caste and tribe .
·
It
will put an end to conflicts between the laws of several religions .
·
The
judiciary workload will be lessened . This issue can be explained in the following ways :- When cases involving disputes between
several religious groups or committee
come before the court , the court must
analyse the statutes of each group independently , which will takes lot of time and add additional stress or strain to the
court . If the Uniform Civil Code ( UCC ) is put into effect
, it will be simpler for the courts to
administer justice and deliver judgements .
·
The
aforementioned statement also implies that the quick administration of justice
in society will result from the adoption of the Uniform Civil Code .
·
Gender
Parity can be encouraged in order to end discrimination against women , as
stated above .
PROBLEMS /
DISADVANTAGES OF
UNIFORM
CIVIL CODE
Everything , it is true , has
advantages and disadvantages of it’s own . Similar to legislation , there are
many advantages and disadvantages . The Uniform Civil Code has advantages and
disadvantages . In this section we will talk about problems with the writing of
the Indian Uniform Civil Code . The following are these problems
·
Fundamental
Rights Violation :-
Includes on in this .
There has been ongoing discussion over this matter , and the first issue that
comes up is that if the Uniform Civil Code is applied in India , then people’s
freedom of religion will be taken away .
People will find it challenging to practise and spread their religion without
restrictions . According to some academics , it would also pose a threat to the Indian Constitution because
there will be a blatant violation of Article 25 which states that All the
citizens of India are free to profess , conscience , practice and propagate
their own religion .
·
Threat
to the Preamble of the Constitution :-
The preamble of the Indian Constitution was deemed to be most
significant section by the Supreme Court in the case of Kesavananda Bharti vs.
State of Kerala, AIR 1973 SC 1461 . The Indian Constitution opening page
is another name for it . In the preamble, it is discussed what kind of country
India will be . The five main tents of the preamble are sovereign , socialist ,
secular , democratic and republic . Some activists think that if the
Uniform Civil Code is adopted . India’s secular identity will be lost .
·
People
don’t want state to interfere in their religion :-
Many experts and citizens worry that if the Uniform Civil
Code is put into effect , the state will gain unrestricted authority to meddle
with people’s varied religious practises, which will cause different groups of
people to lose their religion and culture .
·
Diversity
of the nation :-
India is an extremely varied nation . There are people there
from a variety of groups with a wide range of faiths , races, and religions . A
difficult task will be enacting a unified law simultaneously for all of these
groups . Which might also harm their behaviours and beliefs .
·
Dominance
of one religion :-
Some experts and academics believe that if the Uniform Civil
Code is adopted , the other minority religious groupings will no longer be
relevant and culturally significant. For instance, everyone is aware that India
is a predominantly Hindu country . Hindus make up almost 80 percent ( % ) of
the population in India . The other religious communities, such as Muslims and
Christians, believe that if this rule is put into effect, they will be
compelled to abandon their own religious traditions and to abide by the
regulations of the one dominating religion in the country .
·
Instability
in the society :-
Some people believe that if the Uniform Civil Code is put
into place, minorities will not be allowed to follow the laws of their religion
. Consequently , this could lead to violence and unrest in the community . This
poses a serious threat to both the integrity of this country and its potential
division along religious lines .
COUNTRIES WHO ADOPTED UNIFORM
CIVIL CODE
Several of the world’s most industrial nations , like The
United States of America ( The USA ) , Rome and France , have adopted
the Uniform Civil Code . In the next point, we will talk about how this code
has affected these countries .
·
Uniform Civil Code in the United States of America :-
Compared to India , the United States of America has a wider
variety of groupings . The majority of the explanation for this is because each
of the 50 states that makes up the USA is a separate legal entity . States have
the freedom to use their own practises . Despite the fact that the United
States as a whole shares common civil characteristics. These shared
characteristics are controlled by a shared principle . The Supreme Court has
the authority to decide on matters related to federalism , taxation and
national security . Since the Uniform Civil Code also aimed to foster a sense
of oneness , its adoption in the United States of America has been largely
effective .
·
Uniform
Civil Code in France :-
The Napoleon Civil Code is one of the most well –
known civil codes in the world , is found in France . In 1804 this code was
first developed . However , the groundwork for integrating civil laws was laid
very early on . More than 300 municipal civil codes have been repealed as a
result of this law . Many traditional customs were put on hold . This French
Civil Code focused mostly on easements , property , commodities ,
contracts , quasi-contracts , wills, and gifts , among other things . The
French Civil Code’s fundamental goal is to strike a balance between privilege ,
tradition, and equality among various groups, and it has done a good job of
achieving that goal .
·
Uniform
Civil Code In Rome :-
The Romans created a code that is specific to the Roman
populace using a doctrine . This code outlined the process for deciding legal
disputes Jus Civile , a historical word that describes all legal precepts and
regulations stemming from Roman conventions , was used to describe this
philosophy . The Emperor Justinian was credited with creating this code
in 527 CE . Later , numerous judges and courts from throughout the world
embraced the concept of these statutes . The Romans established a system of
communication known as Jus Naturale for
outsiders and other countries . This implies that everyone will have access to
natural rights . As a matter of fact ,
we can say that Rome was the most successful country in implementing of the
Uniform Civil Code ( UCC ) .In nutshell , we can claim that these countries were able to create
the Uniform Civil Code in the most
effective way possible and that it had favourable impact on their society .
These countries have grown stronger thanks to this code , and they now rank
among the most developed today . In
light of this , in my opinion , too ,
India should adopt a uniform civil system in the shape of a doctrine ,
much as Rome did . It ought to grant states like the United States of America a
certain amount of freedom . In my
opinion , a nationwide referendum on the
Uniform Civil Code’s implementation must be held and this measure must first be forwarded to
the parliament’s select committee prior
to both houses of the parliament’s discussion and debate . The most crucial
aspect is that before imposing any rule on the people , consideration for their
interests and will must be given , Before enforcing such a delicate rule ,
their questions and worries should be addressed
. [2]
RESEARCH
MEHODOLOGY
The primary source of information for this project are
various articles on newspapers like The Hindu , Indian Express etc. . These
papers have thoroughly been analysed and understood to facilitate an objective
understanding of the research topic . the research has also been done by
analysing some secondary sources like Constituent Assembly debates on Uniform
Civil Code . Thus in general , an empirical research methodology was used to
collect and analyse the necessary data .
WILL UNIFORM CIVIL CODE REALLY EFFECT THE RELIGIOUS LIBERTY OF THE PEOPLE
?
The issue of India’s attitude on
personal laws first came up when it became independent . There was considerable discussion and
controversy in the constituent assembly when the Constitution was being drafted
about whether to implement the Uniform Civil Code or not . Political leaders like Dr BR Ambedkar and
Jawaharlal Nehru supported the establishment of Uniform Civil Code in the
country . The current BJP-led
administration is in favour of establishing a Uniform Civil Code . They even
adhere to the One Nation , One Law philosophy .Many influential figures , including Dr
BR Ambedkar , have voiced their opinions on the Uniform Civil Code . In
accordance with Article 35 of the Indian Constitution , the Constituent
Assembly reviewed the provisions of the Uniform Civil Code . The opinions of many leaders in this regard
are stated below :-
·
Mohammad
Ismail :-
“ He changed the constitutional clause found in Article 33 .
This clause states that no group or segment of the population may be pressured
to renounce their personal religious benefits .” He claimed that everyone has
the right to exercise their own personal law . He made the connection between
the application of personal laws and the right to life , which means that any
interference with an individual’s personal laws by the state or anyone else
constitutes a clear violation of that person’s right to life .
·
KM
Munshi :-
According to him personal laws and religion should not be
combined . The Uniform Civil Code must
be applied throughout the entire country . He claims that personal laws
discriminate against different people , which is blatantly against
Constitution . He added that certain European nations that have
adopted the Uniform Civil Code have done so without having negative
effects on minority populations . He
believed that divorces should not be subject to personal laws .
·
DR
BR Ambedkar :-
He served as India’s first independent law minister . In the
parliament and constituent assembly , he was the one who first suggested the
Uniform Civil Code , which sparked a discussion and debate . According to him ,
the Uniform Civil Code will only apply to those groups or individuals who
consent to it . He opposed the government meddling in anyone’s religious
practise . He made an attempt to persuade Muslim community by claiming that the
code won’t affect their ability to practise their religion or place any
obligations on them .
·
KM
Munshi was backed by several leaders , like AK Iyer , who advocated the
adoption of the Uniform Civil Code .
It is not true that the implementation of Uniform Civil Code
will affect people’s freedom of religion
. The cultural and religious practises will be greatly impacted . But this code will promote equality among
all social groupings . The other groups , such as minority groups , won’t be
impacted if the code is implemented with Rome and the United States of America
as models . As was already mentioned
, this code will aid in preserving
women’s place in society . However , as was previously noted , the process of
establishing and implementing laws should be deliberate and effective there should be appropriate
debates and discussion . In summary , we can say that the implementation of
Uniform Civil Code will have a significant impact on society . However , the
harmonisation of the legislation would ensure the proper operation of the
country’s legal system and lessen the strain of the judiciary . [3]
WHOSE RELIGIOUS LAW WILL PREVAIL IF UNIFORM CIVIL CODE
IS IMPLEMENTED ?
Whenever their is a
discussion and debate on whether the
country should adopt a Uniform Civil Code
. Whose religious law will prevail if the country adopts the Uniform Civil
Code ? is the first question that comes to people’s mind . We will try to
answer one of the most significant questions in this area . We
are aware that the Uniform Civil Code
will provide the legislature the authority to create a single common law for this country’s whole religious community ,
including Hindus , Christians , Muslims, and Sikhs . According to what I
understand , majority religious group legislation will apply . In India , for instance , where Hindus
predominate , Hindu law must be implemented
. According to a number of academics, including Dr . Faizan Mustafa (
Vice Chancellor of NALSAR University of Law , Hyderabad ) , the Uniform Civil
Code will undoubtedly be a successful law if its goal is to grant equal status
and legal rights to women in society . If the implementation of the Uniform
Civil Code ( UCC ) is necessary , in my opinion , it is crucial that this law
be established gradually rather than all at once . Important religious
legislation should be taken into account to prevent other religious communities
from feeling excluded or marginalised in society .
WHAT WILL HAPPEN IF UNIFORM CIVIL CODE IS IMPLEMENTED
?
The nation as a whole
will experience mixed effect from the implementation of the Uniform Civil
Code . Every citizen of the country ,
regardless of religion , colour , caste , or other factors , will have equal
standing in the eyes of the law if the Uniform Civil Code is put into effect .
Discrimination against the less powerful groups in the society will end . However
, there are certain drawbacks to this law as well . It will place constraints
on people’s freedom to practise and spread any faith . The Indian
Constitution’s Article 25 may be broken by this law . People could even lose their sense of
religious identity . Despite the fact that this code will affect each citizen’s
particular laws . However , it is better
to establish such a code if personal law conflicts with the Constitution and
breaches any of its provisions . India should draw inspiration from places like
Rome and France that established the Uniform Civil Code very early on and
should draught legislation by identifying beneficial parts and taking use of
these countries achievements . Goa , for instance , is the only Indian state
with a Uniform Civil Code . The government should carefully examine the impact
of the Uniform Civil Code in Goa before making a decision regarding this
delicate matter . In the future sides the impact of Uniform Civil Code in Goa
will be covered separately . [4]
UNIFORM
CIVIL CODE IN GOA
In India Goa was the
first state to implement Uniform Civil Code , regardless of gender , colour ,
caste, or religion . The state has a universally applicable uniform family code
. All the state’s religions, whether Hindu , Christian , or, Muslim are
governed by the same laws on marriage , divorce , succession, and other
issues . When Goa joined India , the
Uniform Civil Code was put into effect .
Portuguese Civil Code was authorised by the Indian government . At the period
of the Portuguese , the code was put into practise in Goa . In 1962 , the legislature changed and
abolished legislation . Marriage in Goa
is an agreement between two people . In Goa the Uniform Civil Code acted as a
successful and forward – thinking law . In Goa everybody is treated equally .
the entire country should attempt to apply this law in a manner similar to how
Goa has done so in order to take inspiration from Goa . Regardless of gender ( husband and wife ) ,
religion , colour , or caste , income , fortune , and property are divided
equally in Goa . Every person in the
state is required to notify the authorities of any birth or death . Although there were no communal violence
throughout the entire state after the
Uniform Civil Code was implemented , several gaps were found . ‘ The Uniform Civil Code of Goa has one
significant shortcoming , say some activists like Ferreira . Retention of Legitimate he described the
problem by saying that 50% ( percent ) of the portion needed to be maintained
for dependents , and the remaining 50% ( percent ) is needed to be
reserved . An illustration will help to
better explain this . For instance , if a parent wants to give their son a
house , but they have tow kids , they can’t concentrate on just one of them
because the other will show up and fight for it . This was one of the main
points that was brought up in
conversation . Some individuals believe
that the legislation which was created
in Goa during the Portuguese era prohibits adhering to outdated
regulations for an extended period of time
as regulations ought to be altered in accordance with what the public
wants and needs . In a summary , we can say that the Uniform Civil Code in Goa
was quite successful , but it has some gaps that needs to be filled in
accordance with the need and preferences of society .
WHO WILL BE
BENEFITED FROM THE UNIFORM CIVIL CODE ?
Who will benefit from the Uniform
Civil Code ? is the first query that pops into people’s head whenever the topic
of it’s implementation is brought up . Another query is ‘ will this bill
specifically target one committee ? ’Every person in the community can profit ,
in my opinion , if this rule is executed in a correct systematic method , such
as with adequate debates and discussion
. This law will , in my opinion , stand out as one of the best laws in
the country if the requirement to uplift the weaker segment of society is kept
in mind and their religious beliefs and interests are protected by it . If the law is framed objectively by the
legislatures , In my opinion , it won’t affect people’s religious sentiments .
One of the best goals of this bill is to achieve equality before the law ,
which is also advantageous for the country . But their is a requirement that
this legislation be applied , codified, and read correctly and
consistently . The decision makers in
this situation ought to be impartial and free from political and religious
influence.
CONCLUSION
We can infer from the debate above
that the Uniform Civil Code is currently becoming into a crucial issue in
society . If the government decides to
apply this very contentious law and determines that it is important ,
beneficial, and necessary for a country like India , then it must educate it’s
people and promote knowledge of the law’s benefits to a greater extant . Since we are aware that in India ,
religion and caste are two very important and delicate issues . On these subjects , politics should not be
practised .
Article Information
PROBLEMS IN LEGISLATING OF UNIFORM CIVIL CODE IN INDIA
Authors: Vaibhav Bhardwaj
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/01/06
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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- License CC 4.0
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