Today’s Need:Uniform Civil Code & Formation of New India
Asst. Professor Rekha Khandelwal
BSC, LLM, NET, Research Scholar, Deptt. of Law, UOR
Key Words:-Discrimination, Personal law, Uniform Civil Code, India.
Introduction: – Today we are seeing at what juncture India has come, whether the framers of the Constitution would have imagined an India at the time of constitution making where there is discrimination in the name of caste, race, religion and gender. Whereas the preamble of our Constitution states- We, the people of India, means all people are Indians .having solemnly resolved to constitute India into a Sovereign, Socialistic, Secular, Democratic, Republic and to secure justice and equality of all citizens. Here, the secular state means that the state will have no religion and everyone will have the freedom to obey their own religion because the law can be applied between the people of the Society, but the between God and man is not to be conducted by law. As Hindus take their own Hindu personal law Muslim, and similarly, other communities have their own personal laws by which their personal matters are conducted, but because of these personal lawns, it seems, there is discrimination in the name of religion, caste and gender, and that is why, from time to time the need of Uniform Civil Code was felt. Uniform Civil Code means a law common to all communities in personal matter such as marriage, divorce, inheritance and succession. But it does not mean that a Hindu should be forced for Nikah and Muslim should be forced for taking ‘saptpadi’. Although laws have been enacted which are in terms of eliminating discrimination but today we are seeing what has become a secular state even though there is so much law, whether discrimination in the name of religion and gender has ended, is the fight fights end?, perhaps Dr. B. R. Ambedkar, the architect of the Constitution, was already in danger of it, but he was able to bring Uniform Civil Code in direct principal only, as article 44. Where it is the duty of the State to establish a civil Uniform Civil Code in the state but the state has not yet been able to establish the Uniform Civil Code. But in my opinion, the purpose of preamble can be fulfilled only by bringing Uniform Civil Code and we can expect justice and equality for all citizens of India.
- To end the fighting conflicts in the name of religion, caste, sex etc.
- To establish justice and equality in the country.
- Fulfilling the objectives of the preamble to the Indian Constitution.
- Building a new India with peace and equality through Uniform Civil Code
Inequality and discrimination based on individual law: –
India is a big country. It has a large number of religions, languages, customs, culture, Habitat, different climate, cultures, vegetation, landforms, etc. These diversities act as dividing factor for India but the most important amongst above dividing factors is religion. So far as criminal law is concerned, religion is irrelevant because same crime has same punishment respective of religion. In respect to Civil law, mainly family law, religions are mainly of five types, viz., Hindus Muslims Christians Parsis and Jews. There are separate laws framed in respect of there religions. These laws provide different provisions related to marriages, divorces, inheritance, succession, families, divisions, religious endowments, etc. Present era is the era of globalisation, but still due to greed of leadership amongst followers of particular religion, different religions are trying to spread their own religion more and more and develop feelings of jealousy and competition with other religions. Moreover, politicians, in the greed of votes, follow the policy of attracting public on religious grounds. This all makes religion the main dividing factor in spite of India being a secular state. Everyone in India considers his religion to be the highest. Wherever there is an adverse provision in the name of religion, all Hindus, Muslims, Sikhs, Christians become Hindus, Muslims, Sikhs, Christians, no Indian lives. Thus, because of personal law, the basic soul of the Indian Constitution, that we are all Indians, is also destroyed.
“A. M. Bhattacharjee has listed the following areas of discrimination of different personal laws: (1.) The Muslims are polygamous and the Hindus, Christians and theParsis are monogamgamous.(2.) The Muslims are allowed extra judicial divorce, but the Hindus, Christians and Parsis can affect divorce only through a court of Parsi.(3.) A wife married under the Muslim law can be divorced by her husband onva whim, but a wife married under the Hindu, Christian or the Parsi law can be divorced by the husband only on certain grounds specified in those laws.(4.) Under the Muslim law a husband’s apostasy from Islam results in automatic dissolution of Muslim marriage, though a wife’s apostasy does not. (5.) Under the Hindu law, apostasy from Hinduism by either of the spouses does not affect a Hindu Marriage, though it confers on the non – apostate spouse a right to sue for divorce. Under the Parsi law also, a spouse’s ceasing to be a Parsi zoroastrian would only entitle his or her partner to sue for dissolution, but would not otherwise affect a Parsi marriage. Under the Christian law, a change of religion by one or the other spouse has no effect on a Christian marriage except where the apostate husband has married, again, in which case the wife would be entitled to sue for divorce. Under the Muslim law, a divorced wife is not entitled to any maintenance except during the period of ‘Iddat’. But the other personal laws allow a divorce post -divorce alimony in perpetuity. (6.) Under the Muslim law, a daughter inherits half the share of a son; but under the Hindu law, a daughter shares equally with a son (it may be noted however, that under the Indian Succession Act governing the Parsis and also others who are neither Hindus, Muslims, Buddhist Parsis, Sikhs nor jains, the position is the same as under the Muslim law). (7.) Under the Muslim law, a person cannot dispose of more than one third of his property by will; there is no such restriction in the other personal laws.(8.) The Muslim law confers on a person the right to pre – empt any property in respect of which he is a co- sharer, or a participator in appendages or immunities or an adjoining owner. The other personal laws do not confirm any such right.”
All above differences are showing that personal laws are against our preamble of constitution so there is need to remove personal law and enact Uniform Civil Code.
Constitutional aspects that address inequality and discrimination:-
“Article 14 – The ‘state’ shall not deny to any person equality before law and the equal protection of the laws within the territory of India. Article 15 – Prohibition of discrimination on Grounds of religion, race, caste, sex or place of birth. Article 16 – Equality of opportunity in matters of public employment. Article 17 – Abolition of untouchability. Article 23(2) – Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class, or any of them.Article 25 – Freedom of conscience and free profession, practice and propagation of religion.Article 26 – Freedom to manage religious affairs. Article 27 – Freedom as to payment of taxes for promotion of any particular religion.Article 28 – Freedom as to attendance at religious instruction or religious worship in certain educational institutions. Article 29 – protection of interest of minorities article 13 right of minorities to establish and administer educational institutions .Article 324 – Right to vote irrespective of religion. Article 325 – No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, cast, or sex. Article 326 – Elections to the House of the people and to the legislative assemblies of states to be on the basis of adult suffrage”
Legal aspects that remove inequality and discrimination:-
“Section 295 – Injuring and defiling place of worship with intent to insult the religion of any class. Section 295(A) – Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.Section 296 – Disturbing religious assembly Section 297 – Trespassing on burial places, etc. Section 29 – Uttering words, etc. with deliberate intent to wound the religious feelings of any person.”
Due to the need to enact the Uniform Civil Code:-
Despite India having so many Articles in Constitution to remove inequality and discrimination from the country, and so many provisions in IPC to remove discrimination in the name of religion, continues to be discrimination and fighting fights on the basis of religion, caste, sex, etc. Personal Law is one of the main reasons for discrimination, fighting, etc. that has been described above, so the Uniform Civil Code is needed to remove all these evils and to establish justice, equality and peace in the country.
“Uniform Civil Code – UCC A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly.They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization.”“In the context of fighting the poision of communalism, the relevance of a Uniform Civil Code cannot be disputed; in fact it will provide justice solution to the communal problem by striking at its root cause, ray, it will foster secular forces so essential in achieving social justice and common nationality.” “To remove the problem of discrimination and inequality need of Uniform Civil Code was felt throughout the Territory of India first time.” “The supreme court held by converting themselves to another religion the earlier marriage could not be created on the ground of conversion and is valid the first wife is entitled for maintenance from husband because religion and fair do not reply others write the Supreme Court has Express the its Desire in Sarla Mudgal case that Uniform Civil Code is needed and directed the government to take step in this regard and report to the supreme court regarding its development this judgment around the hope that one of the greatest evils of Indian society would be removed few steps have also be taken but Meanwhile the then Prime Minister Mr. P.V. Narasimha Rao in the in a meeting of Muslim only at Rampur in up that they are not going to introduce Uniform Civil Code.”
Conclusion & Suggestions: After seeing all the above aspects, it concludes that individual Law is a threat to the integrity and unity of the country and spreads inequality and discrimination .The Supreme Court is in favor of enforcing the Uniform Civil Code and the Law Commission report also proves that the Uniform Civil Code can remove the inequality and discrimination that is spreading in the country: Being a Indian citizen and a researcher, I would like to suggest that the Uniform Civil Code should be implemented at the earliest so that all discrimination and inequality could be removed that, justice is done to the people of the country and build a new India with justice and equality.
 In Sarla Mudgal v. Union of India,(1995)3 scc 635
 Dr. Jai Narayan Pandey, Constitution of India,(46th Edition),Central law Agency
Prof. T. Bhattacharyya, The Indian Penal Code,(7th Edition),Central Law Agency.
 Justice Tulzapurkar, Uniform Civil Code, AIR (Jour.) at 17
 Mohammad Ahmed Khan v. Shah Bano Begum, AIR 1985 SC 945
 In Sarla Mudgal v. Union of India,(1995)3 scc 635