BJP's whip in Rajya Sabha triggers speculations. Article 35, Draft Constitution of India. Uniform Civil Code Bill:-A Bill on voluntary Uniform Civil Code is almost ready for introduction in the session of Parliament. The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. The Constituent Assembly took up Draft Article 35 for debate on 23 December 1948. As the text of the Draft Article suggests, it directed the State to bring about a uniform civil code across India. This article deals with whether there is a need for India to have a Uniform Civil Code. This means that all the citizens of the country irrespective of their religions, sex, caste and creed will be governed by the same law.
Uniform civil code is the uniform form of law which replaced the personal law based on the customs of each religious community for which there is a common set of rules governing the citizen. Many expect that BJP will get the majority in Rajya Sabha by 2020 thus it will be able to scrap article 370, 35A and implement Uniform Civil Code as promised in BJP’s manifesto. Uniform Civil Code next?
The Uniform Civil Code (UCC) calls for the formulation of one law for India, which would be applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption. It falls within Part IV of the Constitution titled as Directive Principles of State Policy (DPSP) and understood as exhortations to the State to … However, there has been no attempt to frame a Uniform Civil Code applicable to all citizens of the country. The moment it is made optional it ceased to be uniform. Uniform Civil Code cannot be forced upon people, it has to be optional: Surjewala. The Hindu personal laws were codified in the year 1956. “Under the Uniform Civil Code a collection of laws will be prepared which will protect the personal rights of all citizens without considering the religion, which seems to be the need of the hour. Article 44 of the Constitution calls upon the State to endeavour towards securing a uniform civil code throughout the territory of India. The issue of Uniform Civil Code has been debated since the time of Indian independence.
Article 44 demands uniformity of family laws at an all-India level — a local law even if applicable to all cannot be seen as a Uniform Civil Code. # An attempt should be made to enact a model Uniform Civil Code embodying what is best in all personal laws. Triple Talaq, Article 370. The Constitution in Article 44 requires the State to strive to secure for its citizens a Uniform Civil Code(UCC) throughout India, but till date, no action has been taken in this regard. Thus the concept behind Uniform Civil Code is … No steps taken in 63 yrs on uniform civil code, says Supreme Court. The ideology behind Uniform Civil Code (UCC) is “One Nation, One Law”. A voluntary uniform civil code is a contradiction in terms.
# Social reforms should be brought slowly and steadily by the State.
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