Unba Final Paper Uniform Civil Code Shreya Raulo Pranoy Goswami Nlu, Assam

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THE UNIFORM CIVIL CODE AS AN INSTRUMENT OF SOCIAL

CHANGE: AN ANALYTICAL STUDY

ABSTRACT

It would not be irrational to refer to India as a “secular republic de jure” rather than calling her a
“secular republic de facto”. Though we declared our nation secular long back in 1976 by the
42nd Constitutional (Amendment) Act, we failed to adopt the concept both legally as well as
practically. The Indian Constitution is stuck in a burdensome situation at present where the
judiciary can be seen endeavoring to strike a balance between the Fundamental Right and the
Directive Principle of State Policy. The significance of Uniform Civil Code could be inferred
from the fact that the framers devoted a full article to it. The Indian Constitution includes the
invocation of a Uniform Civil Code for its citizens under Article 44 in Part IV-The Directive
Principle of State Policy. Article 44 states: “The State shall endeavor to secure for the citizens, a
Uniform Civil Code throughout the territory of India.”

The best advantage that would result from Uniform Civil Code is an increasingly populist society
where each and every individual would be guided by similar laws identifying with individual
issues. Nonattendance of Uniform Civil Code undermines the validity of secularism in India and
advances social divergence. Diverse individual laws have various methods for managing issues
identifying with marriage, progression, etc. There ought to be a component of consistency
overseeing such exercises which ought to preferably be directed by the State.

To that effect, this paper is an analytical study of the implications the Uniform Civil Code seeks
to ensue as an effective instrument of the reforms sought through cases like Sarala Mudgal vs.
Union of India and John Vallamatom vs. Union of India. The researchers seek to provide a
comprehensive study of the pros relating to the introduction of Uniform Civil Code as an
instrument of post-modern social change.

Keywords: Directive Principles of State Policy, social divergence, populist legislations, post-
modern
INTRODUCTION

Under the tactical and more holistic regime of International law, an express that sanctions a
global instrument turns out to be will undoubtedly actualize its arrangements. In like manner
India having endorsed the International Covenant on Civil and Political Rights, 1966, and
International Convention on the Elimination of All Forms of Discrimination Against Women,
under the consideration of the United Nations Committee on the Elimination of All Forms of
Oppression on Women (CEDAW), 1979, will undoubtedly implement the important
arrangements and guarantee sexual orientation balance under its national laws. In any case,
ladies in India under Hindu, Muslim and Christian laws keep on enduring separation and
imbalances in the matter of marriage, progression, separation and legacy. So as a stage towards a
sex simply code, the individual laws of different networks in India need a more critical look and
change, not just in consistence with the Indian Constitution yet in addition according to the
arrangements of the global law(s) in consonance with the world for a better and more effective
order in the real sense of the term.

The jingoistic pervasiveness of oppression ladies under different individual laws of various
networks in India was straightforwardly acknowledged by India in its occasional report before
the United Nations Committee on the Elimination of All Forms of Oppression on Women
(CEDAW) when it conceded, " The individual laws of the significant strict networks had
generally represented conjugal and family relations, with the Government keeping up an
arrangement of non-impedance in such laws without an interest for change from singular strict
communities."1 India has been submitting occasional consistence reports versus the execution of
the CEDAW, to this board of trustees. This panel expects India’s consistence to the arrangements
of the said worldwide instrument and duly noted after gleeful consideration that "means have not
been taken to change the individual laws of the distinctive strict and ethnic gatherings, in
conference with them, in order to comply with the Convention," and cautioned that "the
Government’s arrangement of non-intercession sustains sexual generalizations, child inclination
and oppression women."2

1
United Nations , Report of the Committee on the Elimination of All Forms of Discrimination Against Women, 8,
Supp. No. 38, A/55/38, 22nd Session 17 Jan-4 Feb 2000 and 23rd Session 12-30 June, General Assembly Official
Records, New York, 2000.
2
http://economictimes.indiatimes.com/cms.dll/html/uncomp/articleshow?msid=98057, visited on 21-10-2019.
The founding fathers of the Indian Constitution never hesitated to build India on secular
foundations. They opposed and defeated the amendment of Mr. H. V. Kamath to invoke the
name of god in the preamble of the Constitution. Pandit Kunjru said that we invoke the name of
God, but I am bold to say that while we do so, we are showing a narrow, sectarian spirit, which is
contrary to the spirit of the Constitution 3. The Indian Flag consists of Ashoka Chakra in its
center. The wheel has many spokes but, all are of equal length. It indirectly refers to the Indian
stand on the principle of equal treatment of all religions. (Sarva Dharma Sambava ).

Although, the word ‘Secular’ was not there initially in the constitution, a mere perusal of the
various articles of it would amply demonstrate that ‘Secularism’ is an integral part of the Indian
constitution. At this juncture, it would not be inappropriate to have a glance at the relevant
constitutional provisions pertaining to secularism. Article 14 of the constitution provides for
equality before law for all people. Article 15, inter alia, lays down that the state shall not
discriminate any citizen on the ground of religion. Article 16 provides for equality of opportunity
in matters of employment under the state, 17 irrespective of religion. Article 25 provides for
freedom of conscience and the right to profess practice and propagate the religion of one’s
choice. The starting point of trouble when the matter of religious parsimony is involved in
reference to the Constitution of India is that the women, children, minorities and the other
oppressed classes lose their part of the cherry. It must be taken to say that they become a more
volatile part, subject to the whims and fancies of corroborative discrimination in the name of
invocation of biased personal laws, especially under the Muslim, Parsi and to a considerable
extent, the Christian systems which seem to be draconian in their overall arch and character.

While the designers of the Constitution worried through the mooting of an idea of a Uniform
Civil Code under the aegis of Article 44 of the Constitution of India that it will be the "obligation
of the State to apply these reason and community-driven standards in making laws" 4, the
command stays unfulfilled on account of opposition mounted on purported strict grounds, by
ginning up dread of majoritarianism and making a haze of disarray that has not been permitted to
disseminate since the days the thought was bantered in the Constituent Assembly.

3
P. Ishwar Bhat, Law and Social Transformation in India. Eastern Book Co, . Lucknow, 2004
4
F. Agnes, “Hindu Men Monogamy and Uniform Civil Code”, XXX (50) Economic and Political Weekly 32, 1995
Ambedkar, in his series of Constituent Assembly debates pointed out that while criminal and
contract laws were governed by personal laws in the pre-colonial times, British introduced
uniform codes and Muslims accepted. Already, there was uniformity of laws in several matters,
so why should there be objection to covering of the “little corner of marriage and succession.” 5
Munshi said equality of women would not be possible if personal laws were permitted. They
argued that UCC was essential for national harmony and a strong and consolidated nation, which
is to say, the world’s largest democracy, India in this regard. Post Independence, the Uniform
Civil Code has become a major talking point for legal pundits and for its considerate share of
reasons. This is so because of the fact that law cannot be efficient and useful without taking
recourse of judicial process in maintaining social order. Justice P. N. Bhagwati and Justice V. R.
Krishna Iyer, both were of the opinion that law is an instrument of social change, social justice
and social ordering. Justice Rangnath Mishra, former C.J.I., has rightly observed that ‘Law is a
means to an end and justice is the end.’ Therefore, undoubtedly we can say that the Uniform
Civil Code, calling about for the operation of personal and non-perosnal laws on similar mandate
of rationale and civil righteousness, is a quintessential instrument of social ordering and a much
vaunted practical tool for removing social inequality and disparities galore.
Though the history of the evolution of UCC as a flesh and bone of ideas seems to be a
thoroughly fairy-tale one, it has dilly-dallied in the recent developments and the Law
Commission, we feel, needs to be more pro-active in this regard. The paper has thus been sub-
divided into crucial aspects highlighting major Supreme Court judgments of the past, the
possibilities post the invocation of the UCC in India, a collective assessments of its pros and
cons in a post-modernist Indian society and finally the culmination of where the Uniform Civil
Code can lead the democracy on the lines of it becoming a harbinger for social change in the
realm of personal laws for all the sectors, factions and “unheard citizens” of the civil Indian
society

IMPLICATIONS OF THE ARRIVAL OF UNIFORM CIVIL CODE IN INDIA: A


HISTORICAL PERSPECTIVE

5
V.N. Shukla, The Constitution of India, Eastern Book Co., Lucknow, 308, 2001.
Our establishing fathers have been wary in their expressiveness while drafting Article 44 and
along these lines in a circumstance where the country is in the grasp of shared strain rush must
clear a path to control. At first, as has been highlighted in the introduction, the ideas concerning
the Uniform Civil Code was brought up in the Constituent Assembly in 1947 and it was joined as
one of the order standards of the State arrangement by the sub-panel on Fundamental Rights
furthermore, clause 39 of the draft Directive Principles of State Policy gave that the State will
attempt to verify for the resident a Uniform Civil Code.

The contentions set forward was that distinctive individual laws of networks dependent on
religion, "kept India over from progressing to nationhood" and it was recommended that a
Uniform Civil Code "ought to be ensured to Indian individuals inside a time of five to ten years" 6
The Chairman of the drafting panel of the Constitution, Dr. B.R. Ambedkar, said that, "We have
in this nation uniform code of laws covering pretty much every part of human relationship. We
have a uniform and complete criminal code working all through the nation which is contained in
the Indian Penal Code and the Criminal System Code. The main area the common law has not
had the option to attack so far as the marriage and progression… what's more is that it is the
expectation of the individuals who want to have Article 35 as an instrumental piece of the Indian
Constitution in order to actually realize the change which it shall bring about for the future
generations of this great land."7

The term Uniform Civil Code is an emotion, rbut in essence it is utilized to cover the whole
assortment of laws administering a vicissitude of rights identifying with the realm of property
and generally in close to home issues like marriage, separate, support, reception, adoption and
legacy. The interest for a Uniform Civil Code basically means binding together all these
individual laws with the all-invasive glue of the Constitution of India to have one lot of
mainstream laws managing these viewpoints that will apply to all residents of India regardless of
the network they have a place with. In spite of the fact that the definite shapes of such a uniform
code have not been spelt out, it ought to probably consolidate the most present day and dynamic
parts of all current individual laws while disposing of those which are worth being debunked off.

6
B. Shiv Rao (ed.), The Framing of India’s Constitution: Select Documents Vol. II, The Indian Institute of Public
Administration (IIPA), New Delhi, 1968
7
Lok Sabha Secretariat, Constituent Assembly Debates Vol. III, 551, 23 Nov. 1948
The lucidity in the Constitution that mainstream matters related with different religions can go
under the domain of measures, for example, the one which tries to improve status of ladies has
been looked to be muddled by setting off a false discussion over obstruction "with intrinsically
ensured" strict rights. The double dealing has been effective to such an extent that it has clouded
the way that UCC is a "Common Code" and not a strict code. The "common" in the UCC
demonstrates that it would not cover inherent individual enactments. Rebecca J. Cook rightly
points out that although the Indian Constitution contains articles mandating equality and non
discrimination on the grounds of sex, strangely however, several laws exist that apparently
violate these principles and continue to be there especially in personal laws of certain
communities with provisions that are highly discriminatory against women. The situation is
further criticized when it pointed out that, “The Indian State has, however, made no effort to
change these laws or introduce new legislation in conformity with Constitutional principles. In
fact Indian Government seems to have chosen to ignore these principles completely and acts as if
they did not exist.”8

Though Ambedkar was bolstered by Gopalaswamy Ayyangar and others however Jawarharlal
Nehru interceded in the discussion. Nehru said in 1954 in the Parliament, "I don't think right now
is the ideal opportunity for me to attempt to push it (Uniform Civil Code) through." 9 Since the
Uniform Civil Code was a politically touchy issue, the establishing fathers of the Constitution
landed at a noteworthy trade off by putting it under Article 44 as a gold order standard of state
strategy, in parlance with the pre-determined objectives of a modern, global order of laws here,
and it is no mean feat that in a country grappling with political, social, economic and cultural
differences of the worst kind and form, the members of the judiciary have been able to tug the
right strings at the right time, waiting for the corresponding legal symphony on a national scale.

Manifold efforts from the part of the Indian judiciary, most notably the Supreme Court has been
seen from time to time in a plethora of cases which seek to rightly address the “elephant in the
room” that is so crucial to ring in the desired changes in favor of gender justice and sensitization
and upliftment of the women and the marginalized classes especially. Let us take a cursive look
at a few of such judicial pronouncements.

8
Kirti Singh, “Obstacles to women’s Rights in India”, Human Rights of Women: National and International
Perspectives, 1994
9
K.L. Bhatiya, Judicial Review and Judicial Activism, Select Book Co, Allahabad, 2006
JUDICIAL PRONOUNCEMENTS FAVORING THE UNIFORM CIVIL CODE IN
INDIA
The Article 44 of the Constitution of India requires the state to verify for the residents of India a
Uniform Civil Code all through the region of India. As has been seen above, India is a
remarkable mix and merger of classified individual laws of Hindus, Christians, Parsis and
somewhat of laws of Muslims. Notwithstanding, there exists no uniform family related law or thr
other ambits of personal laws in a solitary statutory book for all groups of Indians which is
something that the Supreme Court and the Law Commission needs to address on a massive
regard for a vilified section of the society in India. As rightly quoted by Justice P.N. Bhagawati
“It is the judge who infuses life blood into the dry skeleton provided by the legislature and
creates a living organism out of it, one that is appropriate and adequate to meet the needs of the
disadvantaged and often ignored sections of the humungous society”.

The Supreme Court of India for the first time directed the Indian Parliament to frame a Uniform
Civil Code in 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum.10 In this case a
penurious Muslim woman claimed maintenance from her husband under Section 125 of the Code
of Criminal Procedure after her husband pronounced triple Talaq (divorce by announcing the
word “Talaq” thrice). The Apex Court held that the Muslim woman had a right to get
maintenance under Section 125 of the Code and also held that Article 44 of the Constitution had
remained a dead letter. To undo the above decision, the Muslim Women (Right to Protection on
Divorce) Act, 1986 which curtailed the right of a Muslim Woman for maintenance under Section
125 of the Court was enacted by the Indian Parliament, and back in its time, it was one of the
most crucial steps towards determining the fate of the concept of UCC to keep blowing hot. In
the Shah Bano case in 1986, the Supreme Court expressed displeasure at the delay in framing a
uniform civil code, which was regarded as a secular imperative. Raging controversy demanding
the uniform code followed and was resisted in full fury by the Muslim minority, with
distinguished exceptions.

In the landmark case of Sarala Mudgal vs. Union of India 11, the idea for bringing about the
solemnization of the Uniform Civil Code was mooted again. In the revolutionary words of
Justice Kuldip Singh, “Where more than 80 percent of the citizens have already been brought

10
AIR 1985 SC 945
11
AIR 1995 SC 1531
under the codified personal law there is no justification whatsoever to keep in abeyance, any
more, the introduction of the Uniform Civil Code for all the citizens in the territory of India.”

The Supreme Court led in Seema v. Ashwani Kumar12 that all relationships independent of their
religion be mandatorily enrolled. The Court felt that, "this decision was fundamental by the need
of the time as certain deceitful husbands deny marriage, leaving their life partners in the sway, be
it for looking for support, authority of youngsters or legacy of property."

The Supreme Court’s outstanding order here is an initial move towards the Uniform Civil Code.
The absolutely dynamic Apex Court, in the light of this matter decided that every one of the
relationships regardless of their religion, Hindu, Muslim, Chiristian, Sikh or Parsi be mandatory
enlisted in some form for proper government record 13. Equity and lex naturalis were the
determining factors in this regard. Pasayat, composing the judgment for the seat in an issue that
was on branch of a marital case, guided the Government to accommodate "results of non-
enlistment of relationships" in the principles, which ought to be formalized in the wake of
welcoming open reaction and thinking about them.

The Law Commission of India recommended in 2008: “It is high time we took a second look at
the entire gamut of Central and State laws on registration of marriages and divorces to assess if a
uniform regime of marriage and divorce registration laws is feasible in the country at this stage
of social development and, if not, what necessary legal reforms may be introduced for
streamlining and improving upon the present system.”14

Every single significant religion in this way have their very own laws that oversee separates
inside their claim network, and there are independent guidelines under the Special Marriage Act,
1956 with respect to separation under the umbrella of interfaith relationships. Under a typical
common code, one law would oversee all separations. Irretrievable breakdown of marriage and
separation by common assent ought to be made consistently a ground to break up the marriage of
mates regardless of their strict beliefs. 15 The basic examination of various existing grounds of
separation contained under different separation laws shows greater consistency and less

12
(2005) 2 SCC 578
13
Ramesh Chander Nagpal, Modern Hindu Law, Eastern Book Co., Lucknow, 2008.
14
211th Report of the Law Commission of India which was forwarded on 17 October, 2008
15
Jyoti Rattan, “Uniform Civil Code in India: A Binding Obligation Under International And Domestic Law” , 46
JILI 577, 2004
differentiation in them. Along these lines, the reasonable investigation of the diverse existing
ground of separation prepares to push up the matter of consistency in them authoritatively in
absolutely taking India on the same lines as a few Nordic countries and even far-fetched
countries like Georgia and Lithuania which have wholeheartedly embraced the idea of a
Common Civil Code (CCC) in view of the principle of aequitas nunqam contravenit leges,
which is to mean that equity and all the steps taken therein to bring about that equity shall never
be in contravention to any law, which are the eye openers and the best examples of social
engineering and social welfare legislations that are pro-women.

To push the case forward in consonance with the need of the hour, the Supreme Court repeated
the requirement for Parliament to outline a basic common code which will help the reason for
national incorporation by expelling inconsistencies dependent on belief systems. The Directive
Principle of establishing a Uniform Civil Code has been encouraged by the Apex Court over and
again in various choices as a matter of criticalness and collective conscience for the kind.
Preeminent Court in different cases has been offering headings to the administration for
actualizing Article 44 of the Constitution and to change the individual laws exceptionally those
identifying with the minorities and to expel sexual orientation and gender-based bias or the
minutest form of inclination in that. While a uniform common code isn't especially high on the
national plan, esteem based dynamic changes, protecting the different personality of each strict
gathering, is a plausible venture staying away from affront and damage to any minority.

PROS AND CONS OF THE INVOCATION OF UNIFORM CIVIL CODE IN INDIA

The supreme objective of unity and integrity of a diverse democracy like India could be achieved
only when Article 44 of the Constitution of India is transformed into absolutely enforceable
Uniform Civil Code. The primary benefit of the Uniform Civil Code would be to bring both men
and women at par, thus calling out to a more dynamic piece of legislation. In matters of
succession, inheritance, and marriage, men are often at an advantageous position. While the
Hindu Succession Act2005 amendment gave equal rights to the various classes and heirs in the
form of daughters, but sadly the Muslim personal laws have failed to bring this parity between
men and women. There is no reason that why in a secular state a portion of women should have
different rights and be treated differently from the other portion of women. Many a times,
religious traditions and rules are in contrast with the fundamental human rights such as the right
of Muslim men to simultaneously have upto four wives. This way the UCC will put law above
the religion and will held its secular nature in true sense as laid down by S. R. Bommai v. Union
of India16. A common civil code will also help the idea of national integration. UCC would make
the dream of “One Nation, One Law” come true. One of the pros of UCC can be seen in the
Indian state of Goa, following a uniform civil code. With limited polygamy and bigamy,
compulsory registration of marriage, prenuptial agreements, and equal share of property between
sons and daughters, the Goa Civil Code has been able to curb many societal evils such as child
marriage and bigamy. The downside of Indian personal laws is that most often it’s the women at
the receiving end, especially when it is uncodified. It is thus imperative to bring a Uniform Civil
Code as opined by the Hon’ble Supreme Court of India in Shah Bano case.

The UCC brings with it the second advantage that it touches and syncs with the aspirations of the
Indian youths. With more than 50% of its population below the age of 25 and more than 65% of
its population below the age of 35, India’s average age is going to be 29 in 2020. This Indian
population is the generation brought up with the ideas of Justice, Equality and Fraternity, of how
the father of our Constitution, Dr. B. R. Ambedkar believed in secularism, equality and a
uniform codified law, and of how India can achieve heights of success and development utilizing
its diversity through unity. The need of the hour in today’s post-independence India is to bring
about the patriotism in each Indian’s heart. The lack of uniform laws does no good but remind
the conscience of Indians that we are still divided among us.

The absence of UCC is not just incommodious and cumbersome, but it expands the room space
for prejudice and distortion while interpreting various provisions. There is a glaring need to
address the issue at hand and to come up with an effective and a comprehensive action plan
covering all the bases. This can especially be seen, over the years, in the differing views of the

16
([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1)
Supreme Court while dealing with personal laws. In a number of cases it has held the the
personal laws aren’t susceptible to Part III of the Constitution dealing with fundamental rights.
On the other hand, in many cases it has tested the personal laws to check its consistency with the
fundamental rights. In the landmark cases of Krishna Singh v. Mathura Ahir17,  Maharshi
Avdhesh v. Union of India18, and Ahmedabad Women Action Group &Ors. v. Union of India 19,
the Supreme Court held that personal laws, whether codified or unmodified, whether in force at
the time of coming into force of the Constitution or subsequently enacted thereafter, are not
susceptible to the Chapter on Fundamental Rights and cannot be voided on the touchstone of Part
III of the Constitution no matter what the circumstances might have been in this regard. On the
other hand, a three-Judge Bench of the Supreme Court in the case of Masilamani Mudaliar v.
Idol of Sri Swaminathaswami Thirukoi20l had held:

"The basic structure permeates equality of status and opportunity. The personal laws conferring
inferior status on women are anathema to equality. Personal laws are derived not from the
Constitution but from the religious scriptures. The laws thus derived must be consistent with the
Constitution lest they become void under Article 13 if they violate fundamental rights.”

The implementation of the UCC, however, will be an onerous task keeping an eye on the
resistance from the minority communities in India. The main agitation being that the UCC would
accentuate, emphasize and favor the law of the majority, that is to say in this regard the Hindu
personal laws, depriving the minority communities of an essential component of their identities
and paramountcy of religious beliefs. At the same time it is often questioned whether the Hindu
majority will be fine giving up the institution of the Hindu Undivided Family (HUF). The UCC
doesn’t seem to be congruous with the present time citing the insecurity and vulnerability of the
minority groups who may resort to extremism. The UCC has also been seen as an encroachment
on the right to religious freedom and interference of state in personal matters. However, it should
also be kept in mind that the objective of UCC is to uphold the constitutional rights of people and
bringing uniformity through a secular law. While it can be contended that the Court interfered in
the religious matter in the famous Sabarimala21 case, but here the Court or the State can’t be said
17
AIR 1980 SC 707
18
1994 Supp (1) SCC 713
19
1997 3 SCC 573
20
1996 8 SCC 525
21
2018 SCC Online Ker 4951
to interfere the religious matter rather to govern laws related to family, succession, inheritance
and the like for which the Indians don’t need to adhere to the words of pundits, mullahs, bishops
or other religious spokespersons with their interpretations just as India didn’t need to while
enacting the Hindu Widows’ Remarriage Act,1856 or the Bengal Sati Regulation,1829.

We should never forget the spirit of our nation. While the west decided to separate the church
from the state, India decided to treat all religions equally. This essence of unity in diversity
should be considered where we respect the identity and beliefs of the people of India upholding
the Constitution and human rights.

CONCLUSION

The Preamble of the Indian Constitution resolves to constitute a “Secular” Democratic Republic.
This means that there is no State religion and that the state shall not discriminate on the ground
of religion. Articles 25 and 26 of the Constitution of India as enforceable fundamental rights
guarantee freedom of religion and freedom to manage religious affairs. At the same time Article
44 which is not enforceable in a Court of Law states that the state shall endeavor to secure a
uniform civil code in the country.
How are they to be cwtched and accommodated? What will be the elements of a Uniform Civil
Code. Since the individual laws of every religion contain separate fixings, the uniform common
code should find some kind of harmony between security of crucial rights and strict standards of
various networks. Marriage, divorce matters, progression, maintenance and adoption can be
matters of a common sort and the UCC law can control them under the same pre-determined
head. India needs a systematized legal framework which is duty-bound and one which will cover
all religions in connection to the individual laws of various networks all across the numerous
metropolis, as well as at the grass-roots levels in towns, districts, tehsils, villages and the like..

It is in this crucial juncture of a agolokakotic that we have to comprehend the issue as well as the
unethical dilemma that has been doing the rounds and delaying the arrival of the Uniform Civil
Code. The opportunity has arrived to put individual laws of all religions under a scanner and
dismiss those laws that abuse the Constitution. Individual laws everything being equal victimize
ladies on issues of marriage, separation, legacy, etc. There is a dire need to winnow out the fair
and impartial laws everything being equal and structure a plan for a uniform common code
dependent on sexual orientation equity. The Hindu code can't be applied consistently to all
religions. Then again, triple talaq would need to go, as would polygamy and every one of the
focal points that accumulate to Hindu unified families in matters of property and legacy.

In these circumstances, where the hue and cry all across the globe has been for equal pay for
equal work and equal rights for women in all spheres of life, particularly in the professional
sphere, we as a democracy need to debunk our midget approach and deal with the issues of
acrimonious personal laws with a vitriolic trade-off for a more consistent future. Simply put, the
Uniform Civil Code is the need of the time. In true upliftment of the spirit of harmonious
construction, a Uniform Civil Code is very significant for the assurance of mistreated ladies, to
secure their human rights, to evacuate victimization them regardless of their religion or network
they have a place and, ultimately to make our national laws as per the worldwide instruments
which are legitimately authoritative on India through different global shows and universal
Human Rights instruments which are approved by India. As researchers, we feel and honestly
think right now, NOW is the ideal opportunity for us to attempt to push it (Uniform Civil Code)
through. To summarize in a nutshell, it tends to be said for natives having a place with various
religions what's more, sections, it is basic that for advancement of national solidarity and
solidarity a bound together code is an outright need on which there can be no trade off. Various
floods of religion need to converge to a typical goal and some brought together standards must
develop in the genuine soul of Secularism. India needs a brought together code of family laws
under an umbrella of all its constituent religions. Regardless of whether it is the sacrosanct policy
of the State, the do-or-die command of the Court or the resolute Will of the individuals is an
issue which just time will choose and determine.

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