ONE NATION ONE LAW (UCC)
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