uniform civil code
Uniform Civil Code: An Overview
India has multiplicity of family laws. The Christians have their Christians Marriage Act 1872, the Indian Divorce Act, 1869 and the Indian Succession Act, 1925. The Jews have their uncodified customary marriage law and in their succession matters they are governed by the Succession Act of 1925. The Parsis have their own Parsi Marriage and Divorce Act, 1936, and their own separate law of inheritance contained in the Succession Act which is somewhat different from the rest of the Succession Act. Hindus and Muslims have their own separate different from the rest of the Succession Act. Hindus and Muslims have their own separate persona laws. Hindus law has by and large been secularized and modernized by statutory enactments. On the other hand Muslim law is still primarily unmodified and traditional its content and approach.
The law is communal insofar as each community or religious group has its own distinct law to govern domestic relations. It is also personal insofar as each person carries his own aw wherever he goes in India. The family law is partly statutory and partly non-statutory. The present-day family law is thus a maze. There in no lex loci in India in matters of marriage, succession and family-relations. Thus is very confusing.
With a view to achieve uniformity of law, its secularization and making it equitable and non-discriminatory, the Constitution contains Art.44 of the Directive Principles of State Policy which runs as follows; "The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India".
The Common Civil Code: Constitutional Aspect-
Article 44 of the Constitution of India requires the State to strive to secure for its citizens a Common Civil Code throughout India.
The secular activities, such as inheritance covered by personal laws should be separated from religion. A uniform law thus prepared and made applicable to all would on the contrary promote national unity .
India has multiplicity of family laws. The Christians have their Christians Marriage Act 1872, the Indian Divorce Act, 1869 and the Indian Succession Act, 1925. The Jews have their uncodified customary marriage law and in their succession matters they are governed by the Succession Act of 1925. The Parsis have their own Parsi Marriage and Divorce Act, 1936, and their own separate law of inheritance contained in the Succession Act which is somewhat different from the rest of the Succession Act. Hindus and Muslims have their own separate different from the rest of the Succession Act. Hindus and Muslims have their own separate persona laws. Hindus law has by and large been secularized and modernized by statutory enactments. On the other hand Muslim law is still primarily unmodified and traditional its content and approach.
The law is communal insofar as each community or religious group has its own distinct law to govern domestic relations. It is also personal insofar as each person carries his own aw wherever he goes in India. The family law is partly statutory and partly non-statutory. The present-day family law is thus a maze. There in no lex loci in India in matters of marriage, succession and family-relations. Thus is very confusing.
With a view to achieve uniformity of law, its secularization and making it equitable and non-discriminatory, the Constitution contains Art.44 of the Directive Principles of State Policy which runs as follows; "The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India".
The Common Civil Code: Constitutional Aspect-
Article 44 of the Constitution of India requires the State to strive to secure for its citizens a Common Civil Code throughout India.
The secular activities, such as inheritance covered by personal laws should be separated from religion. A uniform law thus prepared and made applicable to all would on the contrary promote national unity .