UNIFORM CIVIL CODE

Now a days if any common news is coming on all the news channels is about the implementation of Uniform Civil Code in India. In printed media also daily at least an article is coming related to this. Majority of people are supporting the campaign of One Nation One Law, where as there are some people who are opposing this by considering it against the personal laws and countries unity. But how this all started, is this demand has been raised for the first time? Do we really need a Uniform Civil Code to maintain the integrity of our nation or Is it really against the minority classes of our country. Lets find out-

ORIGIN-

UCC is not the invention of the present ruling government. Arrangement for UCC has been clearly given in the article 44 of the Indian Constitution. The bill for UCC was discussed in the Parliament during 1949 and in between 1951 and 1954. Pt. Nehru ji was in support of this bill but as he was not able to convince other members this bill was placed under the Directed Principles of State Policy. Under DPSP the laws are placed as an ideal and it is not mandatory for the states to implement the complete law as it is mentioned due to which several personal law boards were established.

ONE NATION ONE LAW-

If the UCC is adopted by the Govt. of India there will be only one law applicable on all the citizens of India irrespective to there religion, caste and community and the issues like marriage, divorce, adaptation etc will come under the umbrella of single law.

The reason given by the people supporting this is that UCC will ensure equal rights and its protection on all the citizens whereas people opposing it are in support that India is a country of diversity and imposing UCC will cause danger to its integrity.

Let us understood it with some examples, in the current system a Hindu woman can drag her husband into court if he elopes with another woman but on the other hand a Muslim woman don't have such rights. The triple talaqkh system in the Muslim community is also inviting controversy as it is being misused by some people like giving divorce over social media or over telephonic conversation which is clearly unnatural.

 Even SC in various hearings has indicated that this country required a strong common law of its citizens.

Landmark Cases-

1. The Supreme Court first directed the Parliament to frame a UCC in 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum. In this case, a penurious Muslim woman claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure, after she was given triple talaq from him. The SC held that a Muslim woman has a right to get maintenance from her husband under Section 125.

2. The second instance in which the SC again directed the government of Article 44 was in the case of Sarla Mudgal v. Union of India. In this case, the question was whether a Hindu husband, married under the Hindu law, by embracing Islam, can solemnize second marriage. The Court held that a Hindu marriage solemnized under the Hindu law can only be dissolved on any of the grounds specified under the Hindu Marriage Act, 1955. Conversion to Islam and marrying again would not, by itself, dissolve the Hindu marriage under the Act. And thus, a second marriage solemnized after converting to Islam would be an offence under Section 494[5] of the Indian Penal Code.