ONE NATION ONE LAW (UCC)

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THE LAWWAY WITH LAWYERS JOURNAL VOLUME:- 3 ISSUE NO:- 3 , september 30, 2023

ONE NATION ONE LAW (UCC)

Authored by :- G ASHOK KUMAR

 One nation one law (UCC) this word bring unity in the the country. at the same time this word bring contravacy also . the Uniform civil code means one law for hole india people irrespective of religion, caste, gender, economic stutas , they all have a right to equal before law this rights provide by the Indian constitution. Than why the UCC had more contravacy in India. There is a possibility to implement UCC in the secular country . World biggest democratic country we have so many religions in that every religion have their own laws there own way that special laws applicable to only particular group of people who are following the particular culture customs or region customs. personal laws means defined as a law that applies to a certain process or group of people or a particular persons based on the religion faith culture . There

believes decided there state of law. Like in Islam,bhudhism, Cristian, and etc. Example in adoption and marriage, diverse and another thing maintenance this things depends on that which religious culture are following they. In this adoption ,,maintenance, marriage , diverse we have different laws by the different religion in our country because of this people or approaching the courts for violation of their fundamental rights provided by the Indian constitution. Fundamental rights are have without any difference between the people who are living in India there all have same fundamental rights under the Indian constitution. This is also one kind of guardian for the peoples

History of UNIFORM CIVIL CODE

In 1835 second law commission Under the British government they are submitted that there is a need of codification of Indian laws. According to the Indian constitution the people of india have equal rights irrespective of religion, caste, gender, economic stutas they disserve the naturel justice by the Indian courts.

After the independence we drafted constitution with social justice, democratic and truly welfare of the people are n our constitution part-4 of article 44 they provide the introduction of UCC

were if country is ready then we can adopt the concept of one nation one law . In our constitution provides fundamental rights for people who are living in across India . If they effect there

fundamental rights they can approach the Indian courts according to the article 226 High court and article 32 supreme court for violation of fundamental rights. Courts protect the people rights

In in the starting we don’t have any special laws on the equivalent concept. In 1835 first case command to the supreme court then after the two cage landmark judgement about everyone

 

equal before law. Front of supreme court bench the accepted the challenge of shabano case also known as a Mohammed Amed khan V Shabano Begum. In this case supreme court says all are equal before law. Wife was filled case on husband for maintenance. In Muslim law there is no provision for this and shabano was approach the High court to seeking maintenance. In this case the supreme court’s held that there is no chance to escape in fundamental rights irrespective religion cast gender etc. This is also called as open eye case.

Law commission of India started here research reasurch on this and 22 law commission was submitted report in 2020. Indian commission also suggested that we need UCC.

In other prospective uniform code code was not correct India because lack of education and another thing is the diversity in our country so this is not possible without any this opinion was there which people is opposing this UCC . After so many years central government took their manifesto with the ucc. In 2014 the central government took in their manifest that CAA , article 370 triple talaq, ucc they will implement this laws . And central government introduced UCC

bill but so many opposite parties was strictly this concept. An article 29 of the constitution says that protection interest of minorities who are living in India having there own culture, customs, language etc

Some states and countries are implementing uniform civil code in Goa majority members are Hindus and minorities are Christians. 65% of Hindus and rest of peoples are Christians. There successfully implement of UCC because of majority peoples opinions. Some countries are following and implementation of uniform civil code in US , Malaysia, irland, and Egypt . In this they have majority peoples belongs to on religion and our country is totally different from the

other countries we have multiple types of religions, Myths, Believes and the this one of reason all countries respecting our country. In fact they respect our country because of diversity. 22 law commission also submitted report in the fever of UCC . The former justice of Karnataka High court Ritu Raj Awasthi and another member submitted report that UCC will change better to Indian structured some intellectual also says that if one law ruled by our country there must be developed unity and there is no inequalities in our country.article 44 of the Indian constitution provides the guidelines for UCC

In another case the supreme court again instruct to make law the case is Arunachal gounder v ponnusamy in this case the supreme court held that property of the father shares divided equal to all including daughters have equal rights on the father’s property whether it is purchase property or it is grandfather’s properties. The daughter have equal right on the property with brothers in many situations the supreme court has instructed to the government to introduce a ucc bill and make a special law for the sake of people. But the question is whether this law right or wrong for the our country that contain 143 million peoples emotions , culture, religion, customs and etc they are followed there own culture, customs continue in the from Asianet period. if the

introduced this UCC people thinking that we have threatening by the ucc on the name of caste religion culture and also they are thinking that they losing their culture there recognition and the rights personal laws because of this things many people are opposing the UCC. but if UCC

implemented the people of india have provide equal status all the citizens of India, provide equal gender rights .and unity of nation and abolish the caste and inequality in India .

 

Dr B.R Ambedkar was positive opinion on this because of this law abolish the untouchability, inequality in India and people who are living outside of the society they may be gets equal rights with irrespective of religion. And Dr B.R Ambedkar says that religions was imposing the discrimination on the of culture, caste, customs. And he was strictly opposition this concepts

which have this discrimination in their religion. And Dr B.R Ambedkar want bring Hindu code Bill at time he was law minister but the legislative body didn’t allowed that Bill and so many protested across India. After the parliament has passed this Hindu code Bill this is also one kind of revaluation in India because women’s didn’t have any rights in that time these also comes under UCC .

Minorities and some other people opposing the uniform civil code that they thinking they are loosing their identity, culture if UCC implemented in India there personal laws will be abolished by the UCC , and there was a political parties and government entry into their personal laws and discussion makes according to there that’s not by the customs and they loose their beliefs

existence and so many myths are in people minds

We all are know that our country is a secular country. Is this true look at the issue we have so many costumes and scriptures and they have their own laws then what means secularism

separation of religion from political, economic, culture, social aspects of life. Thing, activities nothing to do with the religion . We can call word of secular public schools but we don’t call secular to catholic schools and really we have secularism in our country? According to the constitution the people of india drafted constitution with welfare of all classes of people and at the same time constitution given right to perform religious beliefs in this the courts also says that religious beliefs is depend on the man . If he want oppose he also right to oppose religious beliefs and he protected by the Indian constitution.

 

 

Whatever it’s if government wants to brings this law promoting the women empowerment , national integration and secularism by creating common identity of the citizens . Removing of personal laws will be help in social justice . Reform the laws also better for the nation for

achieving the develop growth . Things are changing and people thought also changing and there is need of new revaluations in socially, economically for the better society but the people don’t encourage the new revaluations because of lack of education. As a Indians we should

perform according to the Indian constitution. For welfare of the country whether loosing of religion reconciliation irrespective of all religions.we all are Indians firstly and lastly.

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