Site Loader
Get a Quote
Rock Street, San Francisco

India is a secular state and nation, which means that it does not follow any one particular religion or there is no official religion for the country. It means that the state will not be dependent on any kind of religious institutions for taking decisions for the state, it will not interfere with the religious matters and the religion will not interfere with the efficacy of the state. India is also, the world’s largest democracy and the second most populous countries of the world and it is emerging as a major power since the 1990’s. It has a strong military and has cultural influence over everything and its economy is fast growing and powerful. India is a highly diverse country with so many linguistic, cultural and religious identities.
This is also reflected in its federal political system, whereby power is shared between the central government and the states. Religions not only have been serving as the foundation of the culture of India, but have had enormous effect on Indian politics and society. In India, religion is a way of life. It is an integral part of the entire Indian tradition. A vast majority of Indians, (over 93%) associate themselves with the religion. According to the 2001 census 80.5% of the population of India practice Hinduism, Islam, Christianity, Sikhism, Buddhism and Jainism are other major religions followed by the people of India. There are also numerous minor tribal traditions, though these have been affected by major religions such as Hinduism, Buddhism and Christianity. It is in this diverse context that the concept of the Uniform Civil Code need to be analyzed.
As it is already said that India has numerous religions and languages, the people of various religions have been governed by their own personal laws since time immemorial. It leads to a different treatment meted out to different classes of people in their personal laws. There are different personal laws for different religious people such as for the Hindus Hindu marriage act, Hindu succession act, Hindu adoption and maintenance act, and also the Hindu guardianship act, for the different purposes such as the marriage, adoption, succession, guardianship etc. Muslims and Christians are governed by their separate personal laws and the reason why we have separate personal laws is that every religious group has different beliefs, customs and practices and it is possible that the practices and beliefs of one religion may contradict with the other one and so for the peaceful running of the society, we have different personal laws. It can be seen often that the personal laws often face difficulty when the question of succession, marriage, divorce, inheritance, adoption, maintenance, guardianship etc.
The Indian Constitution desires and aims for a Uniform Civil Code (UCC) for its citizens. Harmony, unity, equal treatment of everyone before law, equal penalty or punishment for everybody (irrespective of religion, caste, creed or sex), secular law in a secular nation, gender equality, justice for all, etc are certainly noble objectives that could be pursued through a Uniform Civil Code. These could be ideal goals for a developing nation of great diversities, pluralities and potentials, like India.
Although the spirit and intent behind “one nation one law” is worth appreciating, the task has never been easy. Unlike the west, India is far from being a homogenous nation-state and is a home to one of the most diverse and variable melange of a population. It is ethnically diverse, linguistically diverse, culturally and religiously diverse, these not being water tight categories either. Thus they mingle up and create a mash up of an extremely vibrant but difficult to handle populace.
The Constituent Assembly Debates in the constitution making process revealed that the constitution makers debated the concept, relevance and utility of the Uniform Civil Code. The Muslim members of the Constituent Assembly opposed the move with all possible intensity at their command. In this background, the arguments for and a quest for the objective evaluation of the Uniform Civil Code, will not be out of place in India which is known for its religious, cultural and lingual diversities. The Constituent Assembly had its first meeting in December 1946. However just after the freedom of India from the grip of British
imperialist, the place and shape of personal laws in the future legal order in the country got much entangled into the whirlpool of national politics. At the time of making of the Constitution in the year of 1950s the CAD have a lot of conflicts between the issues regarding the personal laws and its codifications. It was opposed by most of the scholars as India being the country recognized by its religion, culture and diversity. Therefore, it is not possible to imagine the country without any of these mentioned features. Even the Constitution makers further provided in the Constitution in the Part 3 regarding the Personal laws,

Post Author: admin

x

Hi!
I'm Lillian

Would you like to get a custom essay? How about receiving a customized one?

Check it out
x

Hi!
I'm Camille!

Would you like to get a custom essay? How about receiving a customized one?

Check it out