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
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.