Effect of the Uniform Civil Code on India's Secular Fabric

 

SYNOPSIS

● Introduction

● Religion meaning

● Uniform civil code

● Impact of UCC

● Unity in diversity

● Secular nature

● Other related provisions

● Conclusion

INTRODUCTION

Secularism means a state which has no religion of it’s own as recognized religion of state. A secular state treats all religion equally. India is the country where the people follow various religion, caste, creed and customs. Under article 44 of Indian constitution, the state shall endeavor uniform civil code for the welfare of the people within the territory of India. Article 25 of Indian constitution guarantees freedom of conscience and practice and propagate their religion. The word secularism was added in the preamble by the 42nd amendment act , 1976. In Keshavananda Bharadhi vs State of Kerala that the secularism is also basic structure doctrine of Indian constitution.

RELIGION MEANING

Religion is certainly a matter of faith and is not necessarily theistic. Religion has it's basis in a system of beliefs or doctrines which are regarded by those who profess that religion as conductive to their spiritual well-being.

UNIFORM CIVIL CODE

Article 44

The state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.

This will be applicable to all citizens irrespective of their religion.

During the drafting period of Indian constitution, Dr.B.R.Ambethkar and Nehru recommended to introduce the uniform civil code, due to opposition from the religious leaders and people had lack of awareness about UCC, so that UCC was only included in DPSP (part 4). Uniform civil code will cover all areas like marriage, divorce, maintenance, adoption and inheritance.

GCC

In India, goa have uniform civil code. It was introduced by Portuguese. It has the set of civil laws to govern residents of goa , that is known as Goa civil code.

IMPACT

Uniform civil code will emphasis the secular nature of India. According to uniform civil code, every person will be subject to one uniform civil code and all the personal laws will be removed.

It does not limit the freedom of religion. It will promote integrity among the people. Personal laws are a loophole, it constitutes the alternative judicial system. Many personal laws are violating fundamental rights. This ensures the equal treatment of Indian citizen regardless of their religion. It will promote equality and justice across the different communities. It ensures gender equality and justice.

MOHD. AHMAD KHAN vs SHAH BANO BEGUM

The Hon’ble justice Y.V.Chandrachud observed that there is the difficulties involved as regards bringing persons of different faith and persuasions together on a common platform. However a beginning had to be made, if the constitution was to have any meaning.

JORDEN DIENGDEH vs S.S. CHOPRA

The law relating to judicial separation, divorce and nullity of marriage is far from uniformity. The time has now come for a complete reform of the law of marriage and makes a uniform law applicable to all people irrespective of religion or caste.

UNITY IN DIVERSITY

India is the state, which has the wide variety of ethnic, linguistic and religious groups. Indian people are belonged to various kind of caste, race, culture and tradition. India is the home country for different religion such as Hindus, Sikhs, Buddhist, Muslims, Jains and Christians. In India, there are 2800 castes and sub castes with all their peculiarities.

The 8th schedule of Indian constitution recognized 22 major languages in India. India is the 7th big nation in the world which has the wide natural resources such as deserts, forests, mountains and rivers.

SECULAR NATURE

The original Indian constitution did not have the word secular. The 42nd amendment Act, which is known as MINI CONSTITUTION, it includes the word secular in the preamble of the Indian constitution. It says that India accepts all the religion equally and it does not favor any particular religion.

KESHAVANANDA BHARADHI vs UNION OF INDIA

In this case, the issue was raised that the preamble is part of Indian constitution or not? The supreme court held that the preamble is part of Indian constitution. The supreme court enumerate that secularism is part of a basic structure of Indian constitution.

SR BOMMAI vs UNION OF INDIA

The court declared that secularism is part of basic structure. The basic principle of secularism is accommodation and tolerance. In further, the court said that the encroachment of religion into secular activity is strictly prohibited.

OTHER CONSTITUTIONAL PROVISIONS

ARTICLE 15

No person shall be discriminated on the grounds of religion, caste, sex, birth place and any of them.

ARTICLE 25

all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

ARTICLE 26

Every religious denomination or any section shall have the right to establish and maintain institutions for religious and charitable purposes and to manage its own affairs in matters of religion.

ARTICLE 27

Every person have the freedom as to pay of taxes for promotion of any particular religion.

ARTICLE 28

Every person have the freedom as to attendance at religious institutions or religious worship in certain educational institution.

SPECIAL MARRIAGE ACT

This act was introduced in 1954. Both parties to the marriage can marry under this Act irrespective of their religion. This Act extends the ambit of article 21.

Example

According to Muslim personal law (Shariat application Act), 1937 polygamy is permitted. However, this will not be applicable to Muslims who marry under Special marriage Act.

CONCLUSION

During British period , codified law was introduced in India. Personal laws contains different procedures , it varied from one religion to another religion. Now the judicial system in India is developed well. There is a need to initiate the uniform civil code. Uniform civil code will create positive impact towards the secularist nature of Indian Constitution.

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