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The implementation of the uniform public code has long plagued the Indian legal system. The same social code illustrates that a statute should get enacted that treats all religions and castes equally, without giving any personal rules at all. In the current situation, Goa became the only state where this uniform code got enforced.
In India, personal laws govern the institution of marriage, inheritance, adoption, and alimony. The Uniform Civil Code will be the legal code that will replace all other laws related to human law. It will contain the laws and regulations that govern all people, regardless of their religious affiliation. One Special Marriages Act will get enforced that honors marriage and divorce for all citizens. The demand for the UCC arose in 1985, more than three decades after the adoption of the Constitution when a decision was made in the case of Shah Bano. The SC bench, in favor of Bano, noted:
There is no evidence of any official activity for framing a common civil code for the country. A common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.
The Uniform Civil Code sounds like an idea that will provide a sense of integrity and equality for all citizens. However, some aspects are not in line with India's cultural diversity.
This code deals with the establishment of common law for all citizens, but India has failed to create a uniform law even for all the sects of every religion. Hindu personal laws, which aim to develop a set of common rules for all Hindus, cannot be considered 'uniform' in all essential aspects of family law. The situation in Goa has become an outstanding example of the Common Claims Code, but the laws under the Portuguese Civil Procedure Code 1939 (enforced in Goa) do not apply to all communities in Goa. In addition, the Dowry Prohibition Act has not done much since its enactment. Therefore, enacting common legislation has not worked well for our country so far.
India's private laws reflect the religious sentiments of various communities, which is why it is almost impossible to get rid of them in one go. However, it can be implemented if we start in a particular community. If more than a third-fourth community member supports the Uniform Civil Code, it should be made legally binding. In this process, all unsatisfactory code elements that reveal any feature should be removed. Moreover, if this dual system has all the good elements necessary for a peaceful lifestyle, personal laws would undoubtedly die out.
Government must also understand that the key issue in implementing the Uniform Civil Code is the total loss of ownership that people can face. They must address the insecurities of all young people in India and ensure that they will still have their cultural freedom, but the law must always strive to maintain equality. Awareness of Article 44 of the Indian Constitution, which urges the state to protect the Uniform Civil Code, should be given extra attention.
For a more detailed understanding, refer to the" Mohd. Ahmed Khan v. Shah Bano Begum" case study by clicking the case below.
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