The Necessity of a Uniform Civil Code for Ensuring Equality and Justice in India.pdf

The Necessity of a Uniform Civil Code for Ensuring Equality and Justice in India.pdf

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  Title: The Necessityof a Uniform Civil Code for Ensuring Equality and Justice in India By: Bimal Antony, MSW Abstract: This academic paper explores the significance of a Uniform Civil Code (UCC) in India, as envisaged in Article 44 of the Constitution. It discusses the need for a common set of laws governing marriage, divorce, and inheritance to uphold the principles of equality, secularism, and democracy. By analyzing the importance of treating all citizens equally before the law, regardless of religion, caste, or gender, this paper advocates for the formulation, enactment, and implementation of a UCC to ensure the country's constitutional morality and uphold individual rights and dignity. 1. Introduction The Constitution of India, adopted on November 26, 1949, emphasizes the importance of a Uniform Civil Code in Article 44 within Part IV—Directive Principles of State Policy. This provision calls for the state's endeavor to establish a uniform civil code throughout the nation. Despite its constitutional presence, the lack of awareness surrounding Article 44 has led to misconceptions and criticism, often blaming the ruling government or specific political parties. This paper seeks to clarify the essence of the UCC within the framework of India as a Sovereign Socialist Secular Democratic Republic. 2. The Imperative of a Uniform Civil Code 2.1 Upholding the Constitution As a Sovereign Socialist Secular Democratic Republic, India's Constitution holds supremacy over all regional, religious, and customary laws practiced across the country. To ensure this supremacy, a Uniform Civil Code is indispensable. By embracing humanity, human rights, and democratic principles, a UCC would harmonize the legal aspects of marriage, divorce, and inheritance and uphold the dignity and worth of every individual involved. 2.2 Equality in Marriage and Divorce In the context of marriage, the law must treat partners equally without any distinction based on sex or gender. Marriage being a legally binding contract, both parties should have equal rights and privileges, as well as access to dispute resolution. Discrimination based on religion, caste, creed, or race in marital matters undermines India's commitment to constitutional morality and the principles of equality and individual rights. Implementing a UCC would prevent such discrimination and foster a sense of equality in society. 3. The Need for Common Inheritance Laws 3.1 Eliminating Discrimination The existing practices related to inheritance in India reveal clear discrimination based on sex or gender. Such discrimination contradicts the notion of equality before the law, a fundamental right bestowed upon every Indian citizen. To address this issue and ensure that
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  parties to inheritanceare treated with equal rights and respect, irrespective of their sex or gender, a comprehensive UCC is imperative. 3.2 Countering Misconceptions Certain sections of society oppose the UCC, often as a means of diverting attention from other pressing issues. However, it is essential to recognize that the UCC aims to replace male-dominated religious and personal laws with just and equitable ones. This shift aligns with the contemporary understanding of equality, freedom, and human rights. 4. Religion, Faith, and the Public Sphere 4.1 Distinguishing Personal and Public While faith and religion are personal matters, certain religious rituals and customs extend to a broader societal context, making them "public." As actions with public implications impact the entire society, it is the responsibility of the state to treat all individuals impartially, irrespective of their religious beliefs. 4.2 Ensuring Equality Before the Law The principle of "equal before the law" must transcend all classifications based on religion, race, caste, or creed. Every individual in India has the right to be treated equally under the country's laws. By avoiding discrimination based on religious beliefs or practices, India can uphold its constitutional values and foster a more inclusive and just society. 5. Conclusion A Uniform Civil Code is a crucial aspect of India's constitutional vision, promoting equality, secularism, and democracy. To achieve its goals as a Sovereign Socialist Secular Democratic Republic, India must ensure that its laws embrace humanity, respect individual rights, and treat all citizens equally. Implementing a UCC would foster a more harmonious and just society, free from discrimination based on religion, caste, or gender. References: 1. The Constitution of India. (1949). Preamble; Article 44; Article 25(1). 2. Sheth, D. L. (2001). Reflections on the Uniform Civil Code. Economic and Political Weekly, 36(33), 3167-3173. 3. Das, R. (2015). Uniform Civil Code: A Human Rights Perspective. NUJS Law Review, 8(2), 183-206. 4. Mathew, B. (1999). Uniform Civil Code and Judicial Activism: The Indian Experience. The Indian Journal of Political Science, 60(4), 543-560.