Uniform Civil Code: What's Unfolding?

"All Communal disputes will end when well implemented Uniform Civil Code will become a brand"

Uniform Civil Code calls for the formulation of one law for India, applicable to all religious communities in matters such as marriage divorce, inheritance, adoption etc.

Mentioned under Article 44, it is a constitutional objective to deliver uniform justice, especially gender justice and social equality in India, as held by Hon'ble Supreme Court of India.

Considering its sensitivity, it was placed in Directive Principles of State Policy when the Constitution was adopted but today, the modern era demands the replacement of personal laws with a code uniform to all.

It can be seen in the Sarla Mudgal Judgement (1995), where Hon'ble Supreme Court called the government to implement Uniform Civil code which was as it is held in 2019, Pereira Case to accommodate the aspirations of youth and to support national integration.

Its is also pertinent to mention that Uniform Civil Code can be a challenge to the patriarchal society being codified into the personal laws and will also result in the end of politicization of issues of the discrimination or exceptional benefits appreciated by specific communities and will make the judicial process easy by reducing the complexities and inconsistencies in the area of justice delivery.

It is a positive, secular and composite code, subscribing to the universal principles of equality, non discrimination and human dignity.

Uniform Civil Code is a balance to tradition and modernity promising consistency in the application of law, providing simplicity and clarity of laws. It would allow reforms in India's legal system and would update and harmonize the laws with contemporary values and principles.

It will be apt to point out that Shah Bano Case became the turning point in the debate for implementation of a Civil Code which is uniform, along with the issue of Triple Talaq and Adultery.

Focusing on the Special Marriage Act, creating a separate inter- religious set of laws, the need for Uniform Civil Code in the present era becomes evident.

According to Romila Thapar, Secularizing India must begin with Uniform Civil Code along with the development of modern ethics in the country.

The new laws being introduced in the Lok Sabha deciding the criminal areas along with the Sabrimala Case and many others have laid the basis for bringing a law uniform to all in the civil area to ensure justice in society.

However, I would like to rest my case by pointing out that it is totally agreeable that two different codes of law cannot exist in a family to ensure justice but its enactment in one go can pose challenges to the unity and integrity of the nation, making implementation of the code, the only factor determining success of it.