Uniform Civil Code. Is it irrelevent today?

Uniform Civil Code?

The term civil code is used to cover the entire body of laws governing rights relating to property and other personal matters like marriage, divorce, inheritance, adoption etc. Thus uniform civil code implies uniformity in such laws among all caste, creed, religion, society in a country.

What does constitution says about it?

Part IVA of our constitution, which covers the Directive principles, has a mention of Uniform civil code. Under article 44 the Constitution clearly advises the government to "endeavour to secure for the citizens a uniform civil code throughout the territory of India[sic]". Since Independence we have witnessed a number of directive principles which has been implemented and is in force in our country e.g Panchayati Raj and RTE. But we have failed to implement this which should be considered  as equally important in present scenarios.

Separate Civil Code or Uniform civil code. which is better and why?

Uniform civil code is undoubtedly a better choice in present Indian scenario.It wold help bring a uniformity and unity among people as they will be treated in a similar way in front of the law. Codification of civil laws would streamline the judicial process. The various government plan could be implemented and effected in a more efficient manner across all sections of the society. Currently there are many countries across the globe where Uniform civil code is in force Many a times our Apex court has reiterated the need and importance of uniform civil code.

An another theory in this regard is given by some scholars. They say that unlike European countries, India is a mixed bag of various ethnic and religious groups. Enforcing Uniform civil code would take away their right to carry forward the customs and rituals of their sect. However I believe that these theories should be overlooks when there is a question of national integrity, secular and unity.

Supreme Court sayings:

Very recently Supreme court while hearing a case pertaining to whether a Christian has the right to bequeath property to a charity, the court regretted the fact that India is yet to implement a Uniform Civil code. In past also Apex court has come strongly in favour of uniform civil code ( shah bano and sarla mudgal cases).

My Views:

India by Constitution, is a secular country. The laws laid down upon its people are framed by Constitution. So it is high time that laws should be framed keeping an open view and irrespective of caste creed and religion. Exceptions could be there. But as far as personal laws and civil code is concerned, the laws should be exclusively framed keeping in the mind the public welfare and not their religion.

Demand of law for uniform civil code always acquires a communal overtone which have overshadowed the innate merits of the proposal. It is under the national and personal interest of the people to follow and demand for Uniform civil code.