Uniform Civil Code Analysis

“I measure the progress of a community by the degree of progress which women have achieved.”

-Dr. B. R. Ambedkar.

Preamble starts with ‘we the people’ and talks about equality, liberty, fraternity and secularism.

“One step forward, two steps back” The Constitution of India came into force in January 26, 1950. Constitution gave positive mandate by enacting article 44 in part IV. Since than, the state has not proceeded an inch forward, towards the ordered attempt to give the Indian natives the uniform civil code. Then again the occasions which occured in the most recent decade have a position tendency to show that in place of moving forward, the state has withdrawn back. The explanations behind this disposition are more political than constitutional

The requirement for a uniform civil code is necessary and it simply means unifying all these “personal laws” for common set governing every citizens irrespective of community they belong to.

Goa being an only Indian state has common civil law for its citizen irrespective of religion, caste, and tribe. Country world-wide follows uniform civil code.

Need for uniform civil code

Our Indian society from ancient times was considered as Patriarchal society, but with the mordernization, women are uplifted but not to full extent.

There is a need to reform the provisions of personal laws which lead to Discrimination in matters of marriage, divorce, inheritance etc., so that womens can be protected against violence and to establish a helping hand to empower and help them securing there rights.

Gender justice is every humans right. In the male dominant society, womens are deprieved of there rights, so there is a need for uniform civil code.

Women empowerment will help women go hand in hand with men, which can be achieved by bringing uniform civil code.

Why not affected yet

India being a multi-ethnic, multi-linguistic, multi-cultural, multi-religious has no exception to it and also being “Secular” in preamble

Personal laws were framed during the british period and hence since than there has been no change in the hindu and muslim custom, culture, scripture and religious practise. With the emergence of uniform civil code women will be at same level as men and hence it will establish right to equality and gender justice. Not only this it will also remove male dominant society popularly known as patriarchal society and it will bring uniformity in laws.

Why not fundamental right under article 14 why directive principle?

In present era the very question arises why uniform civil code has not been provided under part III of Indian Constitution which consist of Fundamental rights, if it had been provided under fundamental rights there have been unity, Integrity, harmony and equity among country.

Article 44 says that “ the state shall endeavour to secure for the citizens a uniform civil code throughout territory of India.” The word ‘shall’ here makes mandatory for Constitution to bring UCC for its citizen. Thus article 37 also says that “directive principle will not be enforceable by any court”.

Constitutional laws governing uniform civil