Why Uniform Civil Code is important ?

by rootinformation16th September 2019

Why Uniform Civil Code ? ‘We the people of India’ are the basic units of the Indian nation state. The Preamble of the Constitution begins with ‘We are the people of India’. According to this, the people of India have coined their constitution. The framers of the constitution have given equal fundamental rights to every citizen. The Fundamental Rights are enforceable by the court. The nation state has also been assigned many duties. They are described in Part-Four of the Constitution in the Directive Principles of State Policy. They are not enforceable by the court. Only the broad national aspiration is listed among them. Grenville Austin has rightly written that ‘the Constituent Assembly has delegated responsibilities to the future governments of India by creating the positive obligations of the state.’ Positive work has been done on some of the Directive elements, but indispensable for national unity as ‘Uniform Civil Code’ ( There has been no progress in the enforcement of Article 44). The Supreme Bench has sharply remarked that ‘no attempt has so far been made to implement the Uniform Civil Code.’ The Court had earlier asserted the Code in 2003, 1995 and 1985 as well.

Loyalty to the Constitution and the law is the duty of every citizen. The Uniform Civil Code is part of the Constitution. The constitution also has its ideals. Despite this its enforcement is the main challenge of the nation due to its communal reasons. This is the fourth time the Supreme Court has called attention. He has praised Goa. Goa has a similar civil code beyond the pantheistic faith. Of course the court does not have jurisdiction in enforcement of director elements, but good work has been done on the director element (Article 47) to raise the standard of living. The Modi government has made predictable progress on this front. Great work has been done on the director element of cottage industries (Article 43). Gram Panchayats are also in this list (Article 40). There have been many acts related to this. The constitution has also been amended. The issue of land distribution among the poor (Article 39B) has also moved forward. Progress has also been made on other director elements, but the ‘Uniform Civil Code’ is far-fetched. The fundamental question is, after all, why the natural principles of a nation, a law and a uniform civil code cannot apply?

The Uniform Civil Code is the foundation of national unity. The constitution makers were familiar with this fact. This was strongly debated in the Constituent Assembly. Members of a particular sect considered the Code to be an interference with their personal religious laws. As such, the enforcement of the Code was no interference. Laws are not private. All the laws of the world originate from and apply to the constitutional institutions of the Raj and the society, but some members of the assembly were referring to the above private laws in the formulation of national law. One member, Mohammed Ismail, said, “It is not fair that people should be forced to leave their personal laws.” Mahboob Ali said that “Muslims have been following this law for thirteen and a hundred years.” We will refuse to follow another system. ‘B Poker said that’ the British had allowed to follow private laws. ‘Alladi Swami Aiyar, cutting this point, said’ The British enforced the same criminal law all over the country. . Did the Muslims revolt against the British with that? ‘

Panthic faith is very much a personal belief, but in the Constituent Assembly, religious belief was introduced in the form of private law. It was said that ‘Uniform Civil Code is an injustice against minorities. KM Munshi said that in any advanced country, the private law of minority communities was not held to be unwarranted by the prohibition of the framing of codes of behavior. ”He gave examples from Turkey and Misson that‘ minorities in these countries do not get such rights. Our important problem is national unity. We are truly a nation. Muslim friends should understand that the sooner we forget the separatist sentiment, the more it will be good for the country. ”Dr. Ambedkar said,“ I challenge the statement that the personal law of Muslims was unalterable and a law in the whole of India. . Sharia law was not in force in the Northwest Frontier Province until 1935. Hindu laws were valid there in succession and other matters. Apart from this, till 1937, Hindu law was applicable to Muslims to a large extent in respect of succession in other provinces like United Provinces, Central Provinces and Bombay. I can give innumerable examples. There is only one code of practice in this country, there is one method. The desire to make this article a part of the legislation has been improved. The time has passed to ask if we can do this? ”This was followed by a vote. Code proposal won. The Code became part of the Constitution.

The whole of India is in favor of uniform civil code. Apart from Ambedkar, Dr. Ram Manohar Lohia was also its supporter. The talk of personal law is getting timeless. The Muslim Personal Law Board was formed in 1972 to oppose the Uniform Civil Code. The board does not believe in sovereignty of the nation. He does not even consider the principle of supremacy. It believes in ‘personal law’, but due to the increasing nationalism, its influence is negligible. Some parties are opposed to the Code in Vote Greed. He was against the court verdict in the famous Shahbano case. Then a law was made to neutralize that decision. Such parties prefer bulk vote bank more than national ambition. They are in favor of two types of laws in a country.

India is changing. Law on triple talaq has been made. Article 370 is now past. Nation is the highest identity. Constitution is the religion of India and Indian culture is the national religion of India. Every Indian is loyal to the Constitution and the law. Adhering to the Constitution is a shared responsibility, roaming in our faith and worship. There is no justification for two legal options on the same subject in one country. After all, what does ‘private law’ mean in a united nation. Presently under the leadership of Narendra Modi, there is an atmosphere of hope and enthusiasm in the country. Nationalist organizations are already in favor of such a code in India. The attention of the Supreme Court has brought an opportunity to revisit the Code. Note the national aspiration of Dalpatra. Listen to the call of the deserving allies and times of private law. Respect the will of the Constitution makers.

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