Uniform Civil Code In A Diverse India

Aniket Kumar, B.A. LL. B (Hons.), School of Law, Christ (Deemed to be) University, Bengaluru

ABSTRACT

The Constitution of India was enacted and implemented in the year 1950. Subsequently, Article 44 has remained dormant, as no governing body has had the requisite courage and sagacity to engage with its provisions. Metaphorically speaking, it has remained an obsolete or ineffective concept. The present unfortunate circumstances undoubtedly submerge the essence of the constitution to a significant extent. According to Article 44, the state is committed to making efforts to establish a Uniform Civil Code (referred to as the UCC henceforth) applicable to all citizens across the nation. If passed, the civil code would address the private laws of all religious groups concerning marriage, divorce, adoption, child custody, inheritance, succession to property, and other matters that are secular in nature and would strengthen the bonds of unity among Indian citizens by giving them access to a set of personal laws that uphold humanism's core principles. There is a prevalent lack of understanding surrounding the concept of bigamy within the context of Islam. Paradoxically, several Islamic nations such as Syria, Tunisia, Morocco, Pakistan, and Iran have enacted legislation to codify personal law, specifically addressing the practice of polygamy. These legal frameworks aim to either completely outlaw or significantly restrict polygamy, with the intention of preventing the exploitation and abuse associated with this controversial practice. It is lamentable that India, a secular nation, is falling behind in extending a warm and inclusive reception to individuals expressing their opinions and ideas.

Keywords: Uniform Civil Code, Religious Minority, Diverse India, Fundamental rights