A Way Ahead To Unform Civil Code

Mohit Gupta
Jun 12, 2019   •  26 views

So firstly, what is a uniform civil code? Uniform civil code is a set of personal laws of different religious communities will become same for all. For instance the customs, marriages, divorce reconciliation period will become equal for everyone.

What the reports and verdicts has to say about Uniform Civil Code:

• As per the constitution article 44, the state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India. (DPSP)

• The Supreme Court have also asked the government to look into mulling the uniform civil code.

• 18th Law Commission had submitted two reports on uniform civil code but never looked into.

If the uniform civil code, by any chance is introduced in the future, their are many changes that could take palce. Lets check out these changes that are likely to happen because of its launch.

• Various Acts will be amended. For eg.

- Special marriage act 1956

- Muslim personal law shri at application act 1937

- Christian marriage act

Apart from all these, Uniform civil code launch has a lot of hurdles, lets also see what are the issues and barriers to its launch:

• India's diversity

• Traditional method of customs, rituals, beliefs, still exit in large part of the country.

• Lot of legislation needs to be amended in this regard

• May create instability between the communities.

• Sense of threat to ones religious beliefs

What can be done, for a better and acceptable implementation of UCC:

• A comprehensive look into all the laws that needs amendment

• While drafting the code consultation with the public is a must

• Subject to international acceptance

• Code should adapt all religious communities aspirations

• Conflict of interest needs to be evaded

• Code can be kept for public say before formulation

• Consultation with minority commission, SC/ST commission, OBC commission could ease the process

• Apex court judgement should be kept in mind(some judgements is against the provisions.

• Law commissions report help could create further feasibility in formulating the code.

Looking at the diversity, linguistic, ethnic expansion of India the government needs a careful and critical analysation while formulating the code. It should not conflict different religious interest and look to endeavour everyone's aspiration in this regard.