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Why India needs a Uniform civil Code

Recently After the judgment of Shayra Bano Uniform civil code is again in publicity and it is one of the major agenda of NDA government and recently Law commission board asked a personal law board that why they are against it ?

Uniform civil code stands for a common civil code which simply means simply means one law to all religion whether criminal and civil till today every religion has its own law related to marriage, divorce and inheritance and I am in full support in the favour of uniform civil code .

And the concept of Uniform civil code is define in Article 44 of Indian Constitution, and comes under the Directive Principle of State policy and Article 37 states that Directive principle of state policy can not be enforceable by law.

In Shah Bano Case supreme Court held that government should implemented the uniform civil code and in Sarla Mudgal case Supreme Court has also advocated to the implementation of uniform civil code and one of the major problem behind the implementation of uniform civil code is that whether Directive principle of state policy can not supersede over the fundamental right because Fundamental Right is justifiable right.

From Article 25 to 28 Everyone has right to practice his/her own religion, as propagated by their own religious laws.

While Directive principle of state policy can not be enforceable by court But Uniform civil code can be enforceable by legislature and according to Article 245 Parliament the have right to make a law throughout the whole territory of India.

Directive principle of state policy can over ride over the fundamental right if it violates the other fundamental right of any individual for example if the any tradition of any religion violates the Article 14, Article 15, Article 21 than these tradition can not be defend as the name of right to freedom of religion

In conclusion I would likely to say that Uniform civil code is not against any religion. It is about gender justice, equality which has already been mentioned in our constitution and in the state of Goa there is a one common law system irrespective to all religions which consists of 65 % Hindus and 25 % Christian so if it can be implemented in GOA than why not whole part of country.

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