Uniform Civil Code is in place in most modern countries of the world. It is a directive principle which is laid down in the constitution. There is a basic contradiction here. On the one hand, the constitution recognizes the continued existence of Personal Law, which is why Article 44 expects that India at some later date will have a uniform civil code.
On the other hand, there exist several articles, such as 13, Article 14 which guarantee equal rights. Since personal laws for various groups are inherently unequal, since a divorcee in Muslim law is entitled to different things than in Hindu law, therefore Article 13 14 would seem to make personal law unconstitutional.
Equality before the law would essentially mean that Muslim women could take up to four husbands. These issues remained unresolved in the constitution.
The Supreme Court agreed to pay her maintenance money after the period of iddat. Proponents of the Uniform Civil Code claim that in personal laws like polygamy and triple talaq, religion is used as a means to violate the fundamental rights of a woman. They are gender-biased and regressive.
A Muslim marrying under the special Marriage Act is said to have committed a sin.
While Islamic countries like Tunisia and Turkey can prohibit polygamy, why not a secular country like India? People living in a secular country have to follow the law of the land, no matter which community they belong to.
Also, the Uniform Civil Code will not only affect the Muslims it will also affect the other communities. Hindus are unequal in the way they treat men and women.
The Hindu Undivided Family law would also have to undergo a change. Thus a non-discriminating, secular code would be progressive to the nation.
Those against the Uniform Civil Code are mainly concerned over the fact that it will simply be a kind of repackaged Hindu Law.
They feel that their culture will be under threat from a Hindu supremacy.Here is your essay on the Importance of Uniform Civil Code in India: ‘Secularism‘ is a basic feature of the Indian Constitution. It means a state which has no religion of its own as recognized religion of state.
In a secular state, the state regulates the relation between man and man. It is not concerned with the relation of man with God. Here is your essay on the Importance of Uniform Civil Code in India: ‘Secularism‘ is a basic feature of the Indian Constitution. It means a state which has no religion of its own as recognized religion of state.
In a secular state, the state regulates the relation between man and man. It is not. Included: india essay law essay political essay content. Preview text: Article 44 of the Constitution of India lays down an important directive principle of state policy, namely, that the State shall endeavour to secure for its citizens, a uniform civil code throughout the territory of India.
The fact that India is holding different Civil Code for different individuals based on their faith does non suite its secular province position. The two major Torahs that are regulating the lives of most of the people of our state is the Hindu and Muslim jurisprudence (Sharia jurisprudence).
Uniform civil code is the ongoing point of debate within Indian mandate to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen.
This essay has been submitted by a law student. This is not an example of the work written by our professional essay writers. Uniform Civil Code: An Overview.