A week after Law Commission No. 22 invited recognized religious organizations and public views on the Unified Civil Code for 30 days, Prime Minister Narendra Modi introduced himself to the UCC.
Uniform Civil Code – EXPLAINED
The concept of a Uniform Civil Code emphasizes a common set of personal laws for citizens of all religions in the country. Citizens’ personal law covers aspects of marriage, inheritance, divorce, alimony, child custody, marriage, and many more.
Currently, India’s individual laws are varied and complex. India is a country where every religion follows its own specific rules and regulations.
The debate over the Uniform Civil Code is fierce in the country.
What does the Constitution say about the Uniform Civil Code?
While Part III of the Constitution deals with the fundamental rights of citizens that are enforceable on the State, Part IV of the Constitution of India deals with the Directive Principles of State Policy without enforceable but act as a guiding principle for the State. These guiding principles act as guidelines for state management.
Article 44:
Article 44 of the Constitution of India provides that the State of India shall “strive to ensure to its citizens a uniform civil code throughout the territory of India.”
Prime Minister Narendra Modi emphasized that the concept of the Uniform Civil Code is rooted in the Constitution.
Supreme Court for the Unified Civil Code
The Supreme Court has shown support for the UCC in several decisions. In the landmark case of Shah Bano (1985), the Supreme Court upheld the right of a Muslim woman to claim alimony. The ruling in the Shah Bano case has sparked political battles and controversy over the extent of court intervention in the Muslim community’s personal law.
“A common civil code would help with national integration by eliminating divergent allegiance to conflicting ideological laws,” the Court said.
Last year, in October, the Center stated that the Constitution obliges the state to respect the Uniform Civil Code for its citizens. It is said that the matter will be brought before the 22nd Law Commission.
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Source: vcmp.edu.vn