WHY THE NEED OF CIVIL CODE:

There should be a common civil code throughout the territory of India for National Unity. Religion must be restricted to spheres, which legitimately appertain from religion to religion, and the rest of life must be regulated, unified and modified in such a manner that we may evolve as early as possible as a strong consolidated nation. Our first problem and the most important problem is to produce national unity in this country. There is a need to explain the objective of Article 44. It is not to encroach upon religious liberties guaranteed under Article 25.

Article 44 of Indian Constitution is to introduce a Uniform Civil Code, which is essential to promote fraternity, unity and national integration. It proceeds on the assumption that there is no connection between religion and personal laws in a civilized society. While the Constitution guarantees freedom of conscience and of religion, it seeks to divide religion from personal law and social relations and from laws governing inheritance, succession and marriage, just as it has been done even in the Muslim Countries like Turkey and Egypt etc.

      It is very embracing that the Drafting Committee Chairman Dr. BR Ambedkar said: “We have in this country a uniform code of laws covering almost every aspect of human relationship. We have a uniform and complete criminal court………We have the law of transfer of property which deals with property relation and which is operative throughout the country…….. I can cite innumerable enactments, which would prove that the country has practically a Civil Code, uniform in its contents and applicable to the whole of the country.” Further Dr. B.R. Ambedkar, during the Constituent Assembly debate said that: “In fact, bulk of these different items of civil laws have already been codified during the British Rule and the major items still remaining for a Uniform Civil Code are marriage, divorce, inheritance and succession”. The right of marriage, divorce, inheritance and succession should be equal to people irrespective of religion.

INTERNATION  SECNERIO:

America, France, China and Japan has already applied the Common Civil Code . Even Muslim Countries like IRAN, PAKISTAN, BENGLADESH, TURKEY, MOROCCO, ETC made applicable it. women enjoy codified personal laws in Muslim Countries. We should learn the lesson from the Civil Laws of these developed countries particularly the Common Civil Code of and to incorporate the best practices of all religions and communities.

NATIONAL SECENERIO: 

Goa has a common civil code since1965, which is applicable on all. Now a pertinent question arises- if Uniform Civil Code can be implemented in Goa, why not throughout the territory of India?

 Therefore, the same code may be amended and adopted as a Common Civil Code throughout the territory of India . the Hon’ble member of constituent assembly Sh. Alladi Krishnaswami Iyer said- “A Common Civil Code ran into every department of civil relation to the law of succession, to the law of marriage and similar matters; there could no objection to the general statement that ‘State shall endeavor to secure a Uniform Civil Code”..

John Valla mattom v. Union of India, [AIR 2003 SC 2902 :(2003) 6 SCC 611], the then Hon’ble Chief Justice of India JusticeV. N. Khare, with whom the other two Judges, Justice Sinha and Justice Lakshman agreed and observed: “A common civil code will help the cause of national integration by removing all contradictions based on ideologies”. The Supreme Court also observed that “the power of the Parliament to reform and rationalize the personal laws is unquestioned and the command of Article 44 of the Constitution is yet to be realized”.In Sarla Mudgal case [AIR 1995 SC 1531: (1995) 3 SCC 635], while insisting the need for a Common Civil Code, the Apex Court has held that fundamental rights relating to religion of members of any community would not be affected thereby. It was held that personal law having been permitted to operate under authority of legislation the same can be superseded by a uniform civil code. Article 44 is based on the concept that there is no necessary connection between religion and personal law in a civilized Society. Article 25 guarantees religious freedom and Article 44 seeks to divest religion from personal law. Marriage, succession and like matter of secular character cannot be brought under Articles 25-27.

We think we have got national unity but there are many factors and important faction, which still offer serious dangers to national consolidation. It is very necessary that whole of our life insofar as it is restricted to secular sphere must be unified in such a way that we may be able to say- ‘We are not merely a nation because we say so, but also in effect, by the way we live, by our personal law. “Article 44 is a mandatory provision binding the Government and it is incumbent upon it is to give effect to this provision… The Constitution was enacted for the whole country, it is binding for the whole country, and every section and community must accept its provisions and its Directives”.

The time when Section 125 CrPC was extended to divorced women then Muslims contended that it should not be applied to them as it was contrary to Shariat but Apex Court turned down this contention and rejected the argument that according to Sharia, husband’s liability to provide for maintenance is limited to iddat. It was held that Section125CrPC overrides personal law. Even, minor girls are victim of Polygamy and Nikah Halala and various form of contract marriage viz.Nikah Mutah and Nikah Misyar and such incidents are routinely published in electronic, print and social media. That is why India urgently needs a Uniform Civil Code or Indian Civil Code in spirit of the Article 44 read with Articles 14.

In Constituent Assembly, Nasiruddin says: “certain aspects of Civil Procedure Code have interfered with our Personal Law and very rightly so and also that marriage and inheritance are similar practices associated with religion”.[Vol-VII, pg542]The Apex Court in Shah Bano Case [(1985) 2 SCC 556] had held thus: “It is also a matter of regret that Article 44 of our Constitution has remained a dead letter. It provides that: ‘the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India’. There is no evidence of any official activity for framing a common civil code for the Country. A belief seems to have gained ground that it is for the Muslim Community to take a lead in the matter of reforms of their personal law.

WHAT SHOULD  WE DO:

A common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies. No Communities is likely to bell the cat by making gratuitous concessions on this issue. It is the State which is charged with the duty of securing a uniform civil code for the citizens of the Country and, unquestionably; it has the legislative competence to do so. We understand difficulties involved in bringing persons of different faiths and persuasion on a Common platform. But, a beginning has to be made if the Constitution is to have any meaning. Inevitably, the role of the reformer has to be assumed by the Court because, it is beyond the endurance of sensitive minds to allow injustice to be suffered when it is so palpable. But, piecemeal attempts of Courts to bridge that gap between personal laws cannot take the place of a Common Civil Code. Justice to all is for more satisfactory way of dispensing justice than justice from case to case.”In Jordan Diengdeh Case [(1985) 3 SCC 62] Court observed The personal laws of Hindus, such as relating to marriage, succession, and the like have all a sacramental origin, in the same manner as in the case of the Muslims or Christians. Hindus along with Sikhs, Buddhists and Jains have forsaken their sentiments in the cause of the national unity and national integration, some other communities would not, though the constitution enjoins the establishments of a common civil code for whole of India. It has been judicially acclaimed in the United States of America that the practice of polygamy is injurious to public morale even though some religion may make it obligatory or desirable for its followers. It can be superseded by the State just as it can prohibit human sacrifice or practice of Satti in the interest of public order. Bigamous marriage has been made punishable amongst Christians by the Act 1872, Parasi by the Act 1936 and Hindus Buddhists Sikhs and Jains by Act 1955.  The governments should take initiative for implementation because till date it have been wholly remiss in their fundamental duty of implementing the constitutional mandate under Article 44 of the Constitution of India.

PROS AND CONS OF IMPLIMENTATION:

• The formation of UCC will boost national integrity. Even India has diverse cultural values, a unified personal law irrespective of gender, caste, creed, etc will boost national unity. The time has to come for implementation the UCC with immediate effect. After the implementation of UCC Indian women especially Muslims, Christians etc will also enjoy a codified personal law. Therefore, a stepping stone towards another social reform across the country. The nation will enable the abolishment of gender discrimination in the nation. Prevention of discrimination based on religion, race, caste, gender, etc. The advantage  of implementation as below:
• UCC will also cease discrimination in subject matters of succession, inheritance, marriage, divorce, adoption, and guardianship, etc.,
• Prevention of complexity in implementing and understanding of various personal laws of different religion,
• Prevention of violence against women and preserving the rights of women in India, since numerous personal laws like marriage, divorce, and succession of a certain religion are volatile of fundamental rights of women,
• UCC will grant women the right to equality and protection of the law in areas of marriage, divorce, adoption of child, succession, and inheritance of property, etc.

UCC will establish a secular Indian society that will enhance the justice delivery of the judiciary. However in Contrary to this the implementation of the Uniform Civil Code is a cumbersome task due to the wide diversity of our nation. Cultural differences from state to state and community to the community are yet another hindrance to a unified personal law but it should be considered the need of the hour.

• CONCLUSION: The UCC in Goa has factors like compulsory marriage registration, prohibition of polygamy or bigamy, uniform age of marriage for men and women, consent of men and women to perform a marriage, consent of both men and women to attain lawful separation, etc. these features can be taken as a ground of implementing UCC at a national level,The committee must conduct awareness programs and unearth the root cause of the problem

The preamble of our constitution clearly states that India is a sovereign, socialist, secular state. But it is high time to think that whether the citizens of India will enjoy real secularism without the implementation of UCC. Even after decades of independence also different personal laws are in existence for different religions.

To sum up we can say that India is a nation where rule of law prevails and therefore the dominance of any other factor cannot prevail, however, due to the various personal beliefs of people, the rule of religion is overlapping with the rule of law, and therefore, actions must be adopted by the government.