Whether The Implementation Of A Uniform Civil Code Is Necessary?
- IJLLR Journal
- May 24, 2023
- 1 min read
Krishna Parida, ICFAI Law School, Hyderabad
ABSTRACT
In almost every country, there is one civil code for all the citizens. The basic Ideology behind the formulation of a civil code is to end discrimination based on religion and to replace the system of fragmented personal laws.
The Constitution has a directive principle which provides that the State shall endeavour to secure for the citizens a uniform Civil code, throughout the territory of India, yet it has continued to be a highly controversial issue and always politicized and communalized by the vested interests. It refers to a single law, applicable to all the citizens of India in their personal matters such as marriage, divorce, custody, adoption and inheritance.
It is a cruel fact that women are the worst victims of discrimination under personal laws. Gender discrimination persists despite the constitutional prohibition. The dispute between the personal laws of different religions will persist till the end until it is replaced by a common law or a civil code which is applied to all.
This paper highlights the Necessity of Uniform Civil Code in India, its implications and its impact in the personal laws of various religions. Furthermore, this paper takes into consideration the need of implementing this code.
Keywords: personal laws, constitutional prohibition, directive principles, fundamental rights, common laws, civil code.
