Uniform Civil Code – An Analysis

What is a Uniform Civil Code?
A uniform civil code is the one that provide one law for the entire country.
Citizens of India are governed by different personal laws based on their religion and community. A Uniform Civil Code would ensure that all citizens of India are governed by the same set of secular civil laws in matter in matters of marriage, divorce , maintenance, adoption, inheritance, succession etc. Under the present set of laws Hindus are bound by law to practice monogamy as bigamy having more than one wife is an offence whereas Muslims are allowed by their personal law to have four wife’s at the time.

Similarly Hindus have comprehensive enactment an adoption this concept is not recognized by the personal loss of Christians and parses even Uniform Civil Code is enacted all citizens of India would be governed by the same law in all such matters.

Uniform Civil Code in Goa
Goa has a common family law. Thus Goa is the only Indian state that has a uniform civil code. In Goa Hindu, Muslim, Christians all the religions are bound with the same law related to marriage, divorce, succession, inheritance etc. When Goa became the part of union territory in 1961 by the virtue of the Goa Daman and Diu Administration Act, 1962 the parliament authorized the Portuguese civil code of 1867 to Goa and shall be amended and repealed by the competent legislature.

In Goa marriages is a contract between two people of different sex with the purpose of living together and constitute the legitimate family which is register before the office of civil registrar. And the particular rules and regulations has to be followed by the parties after that they can live together happily and start their life but there are certain restrictions according to which these categories of person are prohibited to perform marriage for example: any spouse convicted of committing or abetting the murder of other spouse shall not marry.

In the spin of controversy we live in a secular state and according to preamble of the Indian Constitution states that the India is a Secular Democratic Republic this means that there is no state religion a secular state should not intervene with the customs of others religion and make discrimination against other community people on the grounds of their religion, community which means that there should not be any intervention with other community people rights.
In the case of S.R.Bommai v. Union of India as per justice Jeevan Reddy it was held that the religion is the matter of individual communities people faith and to follow their own customs a law cannot mixed it with a uniform law and the secular activities can be regulated by them with their own personal law .In India the concept of “positive secularism “. The concept is basically deals with the separation of positive individual spiritualism with individual faith. Article 25 of Indian constitution guarantee right to freedom of religion and also that every person can follow their own religion and practice their own religion.

The section of the nation against the implementation of UCC contends that in ideal times, in an ideal State, a Uniform Civil Code would be an ideal safeguard of the citizens’ rights. But India has moved much further from ideal than when the Constitution was written 50 years ago.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.