Why Fail Uniform Civil Code?

  Why Fail Uniform Civil Code ?

Vote Bank politics and too much secularism.

To become too much popular among minority specially Muslim and christian communities. Our politician ranging from M K Gandhi, Jawahar, Indira and Rajiv bent more than what was required.

As per article 44 of Indian constitution -”The State shall endeavor to secure for citizens a uniform civil code throughout the territory of India”. It is incorporated as Directive Principle of State Policy (DPSP). These are guiding principles for our legislatures And these are not enforceable like Fundamental Rights. It means if your Fundamental Rights are violated then you can go to court of Law for their implementation But this is not the case with DPSP. Our constitution makers were very much aware of the diversity which India had that time and even today Our Society is multicultural with huge diversity. Currently different religions in india have their own laws on matters like Marriage, divorce etc. LIke-

1. For hindus- Hindu Marriage Act-1955,
2. For muslims- Shariyat Law,
3. For Christians- Indian Christian Marriage Act of 1872

Note- Buddhists and Sikkhs are considered under Hindu Marriage Act.

All the religions have been given Religious freedom in India i.e.

1. Article(25)-Right to Religion.
2. Article(26)- To manage Religious Affairs.

These two are Fundamental Rights and they are judicial in nature. Any attempt to Coming with uniform civil code can be considered as interference in the religious freedom of particular religion. UCC is a law which will integrate all the civil cases like- marriages and divorces irrespective of religion, and all cases will be entertained under same law rather than different religious codes. No political party want to despair any of the community because we are democracy and it is all about numbers in the end. So no party want to loose their vote bank. Hence UCC bill is not introduced in Lok sabha.

If government really want to bring UCC then they must negotiate with all the stakeholders affirmatively and should take their opinion into consideration. Otherwise it looks impossible to bring UCC in a diverse country like India where Religious Freedom is ensured by fundamental rights which are judicial in nature. Judicial interpretation is also vital in this case. There should be harmony between Fundamental Rights and DPSP’s.

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