Author : Shubham Aggarwal, Student at Manipal University, Jaipur.
Co-Author : Sakshi Mathur, Student at Manipal University, Jaipur.
India has diversity in family laws for example, the Indian Succession Act, 1925  and the Special Marriage Act 1954. On the other hand Jews have standard marriage law which is not in written form, the Succession Act of 1925 represents them and Parsi have their own acts related to marriage and divorce, and their own laws in the Succession Act, which is to some degree not quite the same as whatever remains of the Succession Act. Hindus and Muslims have their own particular separate acts related to succession . There are separate personal laws of Hindus and Muslims. Secularization is the key feature of Hindu law and it is modified by statutory common establishments. Whereas, Muslim law till now principally untouched and conventional in its own approach.
Every religious group has its own holy unique gathering of law to represent residential relations. Just like that every individual has its own way. The family law is both codified and some where uncodified. At present-day family law is complicated. The Lex loci is hard to find in India especially for the issues of marriage, progression and family-relations. In this way is exceptionally stymieing.
Consistency of law is important with a view to accomplish that, keeping it secular and making it fair and modified, Article 44 of the Directive Principles of State Policy (DPSP) in Constitution of India states that; “The State might attempt to secure for the subjects a uniform common code all through the domain of India.
THE COMMON ASPECT OF UNIFORM CIVIL CODE
Article 44 of the Constitution of India requires the State to endeavor to secure for its natives a Common Civil Code all through India. Article 44 is today a directive principle under the Constitution.
The common exercises, for example, legacy secured by individual laws ought to be isolated from religion. A uniform law in this manner arranged and influenced pertinent to all to would despite what might be expected advance national solidarity . It was called attention to around then that, initially, as Common Civil Code would encroach the crucial right of flexibility of religion as said in Article 25 and besides, it would add up to an oppression to the minority. The principal complaint is misinterpreted in light of the fact that common movement related with religious practice is exempted from this certification and since individual laws (as contended starting here of view) relates to mainstream exercises they flop inside the administrative energy of the state. As to second point, no place in cutting edge Muslim nations has the individual law of every minority been perceived as so hallowed as to keep the sanctioning of a common code. In Turkey and Egypt, no minority is allowed to have such rights.
In the event that you will look to the nations in Europe, which have a common code, everybody who goes there from any piece of the world and each minority has to the Civil Code. It is not felt to be overbearing to the minority”¦”¦ our main issue is to develop mutual interest in people of this nation. We think it is easy to maintain it;however, many factors offers huge threats to our unity.
Communalism can be best explained in two parts :first, in between genders and second, in between people from various religions.. This risky and destructive effect can be disposed of, conceivably with the help of this code. All womens, who comprise an enormous bit of the quantity of occupants in India, this code give decency and value in judiciary approach paying no mind to their religion in issues identifying with marriage , independent, authority of youths, legal rights, allocation, etc.
The principle step in this direction is ignoring uncommon dispute through codification of Hindu law; yet the codification of Muslim law is a sensitive topic inferable from other factors. Even though Muslim people’s view favours codification.
MERITS OF UNIFORM CIVIL CODE
- It helps in world assistance and stimulate public compromise;
- Avoidance in covering game plans of law;
- Suit due to individual law decrease;
- Feeling of solidarity, public soul would be stirred.
- It can help in quicken public reconciliation;
- Overlapping arrangements of law could be evaded;
- Sense of unity can be animated.
A new force and will rise within the country to fight against the harmful divisonist supremacy. Countries like Japan, Russia, France and Israel are very powerful for their unity and on the other hand, India is not as dynamic as these countries are in developing uniform law but with adding secularism in preamble as one of its main pillar, things starts changing in the society.
India is a country with different diversity and standards to maintain that India has to achieve uniform code which will dispose of all the wedding laws and other laws which will revise the Indian legislation structure an make the Indian culture more welcoming to others.
it will change the face of how people look at religion and other factors which can throw some colours on the society after achieving such goals. it will develop an individual from inside and it will also help in controlling breakaway the different thinking in the county. the new improved uniform regular code shall include laws and guidelines for everyone keeping in mind all the social values and improved sexual directions in all the matters.
According to recent study on position of women across India: its been noticed that the terms in different individual laws have various teams for division of men and women which could be seen as harmful in accordance of the constitution of India and preamble of India. similarity in status is against the sprit of causal compromises later Art 44 was accepted Uniform Civil Code.
APPROACH OF THE JUDICIARY
In the famous case of Mohammad Ahmed Khan v. Shah Bano Begum also known as Shah Bano case,The Supreme Court of India advised the Parliament to outline a UCC. the case was about a muslim lady asserted for asking maintenance from her husband after she was given triple talaq from him under Section 125 of the Code of Criminal Procedure. The Supreme Court held that the Muslim ladies have privilege of maintenance from her husband after divorce under Section 125. The Supreme Court of India added that Article 44 of the Constitution has remained a dead end. Chief Justice of India Y.V. Chandrachud helds that, “A normal regular code will help the explanation behind public coordination by ousting exceptional loyalties to law which have conflicting conviction frameworks”.
After the judgment of Supreme court of India many people seemed to be bothered by this there were huge gatherings. Later Rajiv Gandhi took the case on his own for right if muslim women (Right to Protection on Divorce) Act, 1986, which made it difficult for muslim women under 125 of the Code of criminal Procedure for maintenance. The Supreme Court of India held all the objectives for authorithign the UCC it was also held that there need to be no obstructions with any singular laws unless the demand originates from inside.
In Mary Roy v. Region of Kerala , the request battled under the watchful eye of the Supreme Court was that certain plans of the Travancore Christian Succession Act, 1916, were illicit under Art 14 beneath these game plans, on the death of an intestate, his lady was equipped for have quite recently a presence interest limited at her end and his young lady. It was furthermore battled that this Act had been supplanted by the Indian Succession Act, 1925. The Supreme Court avoided investigating the request whether sexual direction lopsidedness in issues of movement and heritage mishandled Art.14, in any case , before long, concluded that this Act had been supplanted by the Indian Succession Act Mary Roy has been portrayed as a “˜momentous’ decision towards ensuring sex balance in the matter of movement.
Finally, the Supreme Court has given a request to the Union of India in Sarla Mudgal v. Union of India to “endeavor”. Restricting a Uniform Civil Code and answer to it by August, 1996 the methods taken. The Supreme Court believed that: “The people who got a kick out of the chance to remain in India after the bundle totally understood that the Indian pioneers didn’t have confidence in two-nation or three “”nation theory and that in the Indian Republic there was to be only a solitary nation and no gathering could case to stay an alternate component dependent on religion”.
It is, regardless, to be noted what the Supreme Court imparted in Lily Thomas case. The Court said that the orders as low down in Part IV of the Constitution are not enforceable in courts, as they don’t make any justiciable rights for any person. The Supreme Court has no energy to give orientation for approval of the Directive Principles. As such to mitigate all concerns, it is stressed that the Supreme Court had not given any headings for the codification of a Common Civil Code. The Supreme Court’s latest recommendation to the assembly of its Constitutional responsibilities to endorse a UCC came in July 2003, when a Christian clergyman pounded the doors of the Court testing the Constitutional authenticity of Section 118 of the Indian Succession Act. The priest from Kerala, John Vallamatton recorded a writ solicitation of in the year 1997 communicating the Section 118 of the said Act was biased against the Christians as it powers crazy repressions on their endowment of property for strict or charitable explanation by will. The seat containing Chief value of India V.N.Khare, Justice S.B. Sinha and Justice A.R. Lakshamanan struck down the Section articulating it to be unlawful. Supervisor value Khare communicated that, “We should State that Article 44 gives that the State should attempt to make sure about for all locals a uniform normal code all through the area of India it includes exceptional doubts that Article 44 of the Constitution has been offered effect on. Parliament is still to wander in for keeping a run of the mill normal code in the country. A commonplace basic code will help the explanation behind public blend by removing the coherent irregularities considering ways of thinking”.
Thusly, as seen over, the pinnacle court has on a couple of cases facilitated the assembly of comprehend the Directive Principle treasured in our Constitution and the criticalness to do as such can be instigated from the equivalent.
This code isn’t against secularism or won’t disregard Article 25 and 26, which discusses the Right to Freedom of Religion ensured under the Indian Constitution. Article 44 is all about minimizing individual law and creating unity among various religions in our humanized society. The Common Civil Code would cut a harmony between security of principal rights and strict authoritative opinions of individuals. It should be a code, which is simply and appropriate as indicated by a prudent man talking with reason, with no inclination concerning strict and political contemplations. It is a code on which any prudent man, who talks with reasoning cannot deny.
SITUATION OF PRESENT FAMILY LAW SYSTEM
In a country like India, there are multiple laws existing with every religion with different understanding and type of law. There are different rituals and beliefs in our society. There is no Lex loci (law of the land) existing. There is a need for a common civil code which will help us gain National Unity and Integrity and stability in the country. Every religion has its own personal laws from marriage to maintenance. In India, all laws are made to be formulated, but they are abused in some way or another in the society. The social and welfare benefits of Uniform Civil Code will lead to new developments in the country both economically and socially and pros are much better than cons. To curb the unequal rights and distribution between communities and religion, uniform civil code is required in the country and to resolve the disputes arising under the present family law system existing in the country.
CHALLENGES IN APPLICABILITY OF UNIFORM CIVIL CODE
- There are some of practices of personal laws, which might not find any place in Uniform Civil Code like Triple Talaq, Nikah Halala.
- Naga Community reportedly was upset with the implementation of Uniform Civil Code.
- Few Political Parties are against the move of this Code.
- Infringement of Personal Religious Laws.
- A Move against Secularism.
- Threat to Pluralistic Fabric of India
UNIFORM CIVIL CODE BILL
A Bill on this willful code is relatively prepared for presentation in Parliament. A willful uniform common code is a logical inconsistency in wording. It is said to be uniform because it is not made through discretionary powers but through a correct process. Any endeavor to make the code deliberate or discretionary must be restricted. Rather than confining such discretionary common code, the legislature would do well to find a way to arrange each arrangement of individual laws fusing in that the essential changes making them consistently appropriate to every one of the individuals from the concerned group.
The Bill includes laws regarding individual for the purpose of marriage, separation, to look for guardianship and progression of an individual in the society. The bill is most beneficial to the individuals who settle for it. Its aim is to simplify laws related to succession, marriage, adoption among different religions and it is applicable to every citizen of India without considering their religion.
After taking everything under consideration it is insignificant that the country breaks into crazy celebration and wild moaning. This code can be studied through different angle. The uniform civil code would cut a harmony between security of basic rights and religious authoritative opinions of people. It ought to be a code, which is both simply and legitimate as per a man of common judiciousness, with no predisposition concerning religious and political contemplations. The objective behind bringing UCC is bringing all the communities on a common platform on matters, which will be further governed by a common civil code.
In any case, to finish up, I might want to state that residents having a place with various religions and groups take after various property and wedding laws which isn’t just attack against the country’s solidarity, yet in addition makes one ponder whether we are sovereign common republic or free confederation of medieval states, where individuals inhabit the impulses and likes of mullahs, ministers and savants. I emphatically bolster the campaign for the execution of the UCC and homogenizing the individual laws. I bolster it, not in light of any inclination, but rather on the grounds, that it is the demand of great importance. It is the need of the time that India had a uniform law managing marriage, separate, progression, legacy, support.
 The Indian Succession Act came into operation on 30th September 1925 and it seeks to consolidate all Indian Laws relating to succession. It has no retrospective operation and is applicable to intestate and testamentary succession.
 AIR 1011, 1986 SCR (1) 371
 AIR 1995 SC 1531