- Delhi High Court has made an important observation in favor of Uniform Civil Code
- With this, the issue of Uniform Civil Code has again come in the center of discussion in the country.
- There has been a demand for a long time to implement one law instead of separate personal laws for all religions.
During the hearing of a case, the Delhi High Court advocated the implementation of Uniform Civil Code across the country. He said that now the traditional stereotypes of religion, caste and community are breaking down in the society, so the time has come to move towards Uniform Civil Code in the light of Article 44 of the Constitution.
The High Court expressed its disappointment, citing a direction issued by the Supreme Court in 1985, that it has not been taken seriously even after three decades. Recently, former Chief Justice of Supreme Court SA Bobde also praised the Uniform Civil Code of Goa. As CJI, at the inauguration of the High Court building in Goa, the Chief Justice had said that Goa already had the Uniform Civil Code as envisioned by the framers of the Constitution. However, let us know what is in Article 44, which has been mentioned by the Delhi High Court …
What does article 44 say
Part IV of the Constitution describes the Directive Principles of State Policy. Through Article 36 to 51 of the Constitution, suggestions have been given to the state on various important issues and it is expected that the state will keep these directive principles in mind while deciding its policies. In these, Article 44 instructs the state to make a ‘uniform civil code’ for all religions at the appropriate time. Overall, the purpose of Article 44 is to eliminate the problem of discrimination against weaker sections and to increase coordination between different cultural groups across the country.
Dr. Bhimrao Ambedkar, Chairman of the Drafting Committee in the Constituent Assembly, had said at the time of framing the Constitution that a Uniform Civil Code is required, but for the time being it should be left to the will of different religions. Thus, Article 35 was included in the draft constitution as Article 44 of the adopted constitution and it was expected that a Uniform Civil Code would come into force when the nation was unanimous.
Dr. Ambedkar had said in a speech given in the Constituent Assembly, ‘No one should believe that if the state has the power, it will implement it immediately… It is possible that Muslims or Christians or any other community The power given to the State in this context may be considered objectionable. I think there must be some crazy government doing this.
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What was the thinking of the framers of the constitution?
It is clear that even though our Constitution makers did not immediately implement the Uniform Civil Code, but did envision it through Article 44. He wanted that there should be same personal law for people of all religions and sects. Therefore, he expressed his sentiment under the Directive Principles of Policy. Through this article, the framers of the constitution clearly stated that the state would endeavor to have a uniform civil code for all citizens, which should be implemented throughout the country.
In this hope, he supported the creation of separate personal laws for different religions at that time. Now according to the personal law of the religion concerned, the rights related to marriage, divorce, maintenance, adoption, inheritance, etc. are decided among its followers. From the day the Uniform Civil Code will be implemented in the country, from the same day the same law will be applicable for all religions and communities in matters related to marriage to inheritance.
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That’s why there is increased hope from Modi government
However, since the formation of the Narendra Modi government at the Center, the discussion of the Uniform Civil Code gained momentum. In 2019, when the government abolished Article 370 of the Constitution making special provisions for Jammu and Kashmir, the hope of implementing a Uniform Civil Code also increased. In fact, BJP has been on its agenda for decades to build Ram temple in Ayodhya, remove Article 370 from Jammu and Kashmir and implement Uniform Civil Code in the country.
Since the agenda of construction of Ram temple is also going to be completed after the removal of Article 370, then the general public is assuming that the BJP government will soon complete the agenda of Uniform Civil Code. Since voices are being raised in its support from the Supreme Court to the High Courts, then the present government at the Center must be having an impact on the spirits as well.