This Article is written by Amra Naushad Qazi (Working as the Content Head, The Radicals.)
It is now time for India to Secure for the citizens a UNIFORM CIVIL CODE throughout the territory of India
What is Uniform Civil Code? “ A proposal to have a generic set of governing of every citizen without taking into consideration their religion.
Who can make legislation on U.C.C.?
Article 44 of the constitution make the provisions that the state government can make U.C.C. to be applied to all over India. But one thing strikes the mind of every citizen i.e. whether such law may be passed by the state to be applied commonly all over India. In this context, the reference of Articles 245 to 255 will be given as they deal with the relationship between unions and states. In this regard, it provided clearly that there are three lists in Schedule VII of the constitution in which powers are with state and center to make laws. As per Schedule VII, the power is with the central government to make laws on Entry 97 subjects. Similarly in State List 67 subjects are indicated and 44 subjects are specified under the concurrent list, so both state and Union governments have the power to make laws over it. I shall give the reference of subject no 5 of list 3 which belongs to the concurrent list and authorizes the government to make law upon the divorce, maintenance, adoption, marriage, and succession. So, I am free to say that the central government can make U.C.C. under List 3 rd known as a concurrent list by Virtue of Article 5.
It is clear that in India there is no hardship before the citizen with regard to any law criminal, agrarian and economic nature but the difficulty arises in the case of law relating to marriage, succession, maintenance, adoption, and succession, etc. There is a couplet which says:” Neither Bangladesh nor Pakistan what I want is complete Hindustan.”
In the light of the above couplet, the focus is on the concept of “Akhand Bharat’.
So, the U.C.C.should brings into existence to develop harmony among the citizen of India.
Now the expected question will be what about Muslim LAW?
The answer of the same with regard to India is that Muslim law with regard to the matrimonial field is very violative and discriminatory. e.g. in Muslim law on the petty matter like if the husband pronounces Talaq 3 times then divorce is completed and after that, she only gets expenditure till iddat. The same thing was held in the landmark judgment of the Shah Bano Case. So, U.C.C. should be made in reference to marriage, succession, and adoption, etc.
Do you think it is hampering our basic right, the Right to equality?
If we put emphasis on Article 1 of the constitution which clearly says that India that is “Bharat” shall be a union of states and not a place of different diversities. These provisions of marriage, adoption, and succession, etc shall be uniform for all the citizens as we are living in such a nation where “unity in diversity” is favored. When the husband has such a right of Talaq and the wife cannot exercise this right, it is completely a biased provision. It is not at all promoting equality before the law and if such provisions would be recognized among Muslims it will be violative of Quran but once it implemented and brings good result then there will be no violation of religious tenets as its provided in the Quran that the follower of Islam shall be loyal at the law of the land or they should follow the law which is passed by the ruler because the ruler is authority appointed by God.
So, to carry out the object of Quranic verse this law should be made according to the need of society and the will of the ruler. So, last, but not least this nation will be a secular nation with the existence of U.C.C. as the Preamble of our constitution embodies the words Sovereignty, Socialist, Secular, Democratic, and Republic. In fact, if the U.C.C. has been brought into the field of democracy it would serve certainly the purpose of our preamble of the constitution.