AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |
Back to Blog
Twitter search codes12/26/2023 This ambiguity seemingly contradicts the intended spirit of Articles 13, 14, and 15, implying that the absence of a UCC might be seen as a violation of these constitutional provisions. Nevertheless, the legitimacy of religious personal laws vis-a-vis the Constitution is murky territory in the realm of Indian jurisprudence. Upon cursory examination, Articles 13, 14, and 15 seem to promise equal standing for women and men, invalidating religious personal laws that may be incongruous with the tenets of equality, particularly those laws existing during the Constitution's inception. To ensure the successful implementation of these provisions for equality, Article 13 pronounces all "laws in force" in India at the onset of the Constitution null and void if they clash with this part. This is further fortified by Article 15, which prohibits the state from showing bias against any citizen on the basis of religion, race, caste, gender, place of birth, or any combination. The pursuit of gender equity in the Constitution can be traced back to Article 14, which decrees that the state will not deprive anyone of their entitlement to legal equality and equal protection within India. The UCC can work towards eliminating such gender discrimination inherent in personal laws, thereby promoting gender justice, equality, and the dignity of women. The lack of a UCC can lead to instances where personal laws adversely affect women, prompting them to appeal to the Supreme Court to uphold their fundamental rights to equality and liberty. Why should a UCC be introduced in India? A central argument in its favour is the promotion of gender equality. It has been reported that states such as Gujarat, Uttarakhand, and Assam are making strides towards the implementation of the UCC. Consequently, both state assemblies and the union government have the power to introduce the UCC, should they wish to. 5 in the Concurrent List, covering marriage and divorce, matters concerning minors and infants, adoption, wills and succession, joint family and partition, and all matters which were subject to personal law before the constitution was enacted. This code is primarily concerned with personal laws dealing with marriage, divorce, inheritance and adoption, demonstrating the specific area it aims to standardise.Īlmost all aspects of a UCC fall under Entry No. Article 44 of the Indian Constitution stipulates, "The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India." Even though India already has a uniform criminal code applicable to everyone within its jurisdiction, as well as several uniform statutes such as the Contract Act, the Transfer of Property Act, and the Civil Procedure Code, the Uniform Civil Code referenced here is distinct. It is an attempt to balance the rights of individuals to practice their personal beliefs with the imperative to uphold equal rights for all citizens under the law.īefore venturing into the arguments in favor of UCC, let us first understand what it is. The implementation of UCC in India, thus, would aim at ensuring legal uniformity, not enforcing cultural or religious conformity. This concept echoes Voltaire's principle in "Treatise on Tolerance", where he emphasizes that in a well-governed state, everyone's ability to follow their personal beliefs should be protected as long as it doesn't harm others. This distinction is crucial as it upholds the multicultural fabric of a diverse country like India while promoting a shared sense of citizenship and national identity. It means uniformity in the application of laws, not uniformity in culture or religion. A uniform code does not imply that all individuals must conform to the same beliefs, practices, or cultural norms rather, it suggests that all citizens should be governed by the same set of civil laws regardless of their background or beliefs. Prime Minister Narendra Modi's comments in Madhya Pradesh on the necessity of a Uniform Civil Code (UCC) for India resonates with the understanding that uniformity is not conformity.
0 Comments
Read More
Leave a Reply. |