A week after the 22nd Law Commission's invitation of the recognized religious organizations and public views on the Uniform Civil Code within a period of 30 days, Prime Minister Narendra Modi pitched for the UCC.
Uniform Civil Code- EXPLAINED
The concept of the Uniform Civil Code stresses a common code of personal laws for citizens of all the religions of the country. Personal laws of the citizens consist of aspects of marriage, inheritance, divorce, alimony, child custody, marriage, and many more such aspects.
Currently, the personal laws of India are varied and complex. India is a country where each religion follows its own specific provisions and regulations.
The debate over Uniform Civil Code is a heated one in the country.
What does the Constitution say about Uniform Civil Code?
While Part III of the Constitution mentions the Fundamental Rights of citizens that are enforceable against the State, Part IV of the Constitution of India mentions the Directive Principles of State Policy are not enforceable, but act as guiding principles for the State. These Directive Principles play the role of a roadmap for governing the country.
Article 44:
Article 44 of the Constitution of India says that the State of India should “endeavor to secure for citizens a Uniform Civil Code throughout the territory of India.”
Prime Minister Narendra Modi stressed the fact that the concept of the Uniform Civil Code stems from the Constitution.
Supreme Court on the Uniform Civil Code
The Supreme Court has shown its support for the UCC in several rulings. In the landmark case of Shah Bano (1985), the Supreme Court upheld the right to seek alimony of a Muslim woman. The Shah Bano case judgment ignited political battles and controversies over the extent of the court's interference in the personal laws of the Muslim community.
“A common Civil Code will help the cause of national integration by removing disparate loyalties to the law which have conflicting ideologies,” said the Court.
Last year in October, the Centre stated that the Constitution has obliged the State to uphold the Uniform Civil Code for the citizens. It said that the matter would be presented before the 22nd Law Commission.
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