1. INTRODUCTION
The Uniform Civil Code is the code which arches over the Civil Law Code and administers the secular Civil Law rules to govern all people irrespective of their gender, caste, religion and tribe. The Uniform Civil Code mainly deals with issues related to acquisition and administration of property, marriage, divorce and adoption. An attempt to establish a Uniform Civil Code has also been made in the Directive Principles of State Policy of the Constitution of India.
2. ARTICLE 44 OF THE CONSTITUTION OF INDIA
The Article 44 of the Constitution of India, 1949 states that “the state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. 3. INCEPTION OF ARTICLE 44 …show more content…
While many parts of the Civil Law has already been codified in enactments available to the entire population of India like the Civil Procedure Code, The Evidence Act, The transfer of Property Act; the controversy had arisen regarding unification of personal and family laws of the parties such as marriage, divorce, wills, Intestate successionetc. The circumstance under which the Code was incorporated in our Constitution should also be taken into consideration. Non-interference in religious minority committee Personal Laws in the early years of freedom was something which was understandable. It was designed to assure them that, especially the Muslims, that though the sub-continent had been partitioned at the instance of the Muslim League, India was not a Hindu State and the identity of the minorities would be respected. But over the years the status of the minority group has been reduced to the position of vote banks for traditional leaders. The basic reason behind the demand for formation of a separate Nation at the time of Independence was that the Muslim League argued that the Muslims hold a separate Personal Law which can only be effectively implemented through the formation of a separate Nation altogether. Thus it resulted as one of the main causes for the Partition of India.
Thus it was made clear in the Constituent …show more content…
Most of the people of this Nation are not ready to accept the secular laws which are separated from their customs and religion. Thus a Uniform Civil Code can only be successfully implemented when the people of this Nation is more educated on the various socio-economic-political issues and are given opportunities to voice their opinions in a free manner. The ultimate aim of the Uniform Civil Code must be to ensure equality, unity and integrity of the Nation and justice for both Men and