"Uniform Civil Code" which is stated in the Article 44 of the indian Constitution has not been enforced after 71 years of framing the Constitution. The Article 44 is to secure a uniform civil code for all citizens throughout the country. Uniform Civil Code means a common law for all religious communities in matters like marriage , divorce, succession , adoption.
Importance of Uniform Civil Code :
All the religions in India Hindu, Muslim, Buddhist, Jain have their personal laws. we live in the same country but we are divided by different Religions. while civil laws and criminal laws are same for all religions, but the personal laws are different. The Hindus have the Hindu code bill and the Muslims have Shariat law. It creates a cultural barrier among the communities. As it was explained by Dr B R Ambedkar that a common law for all religions will protect the vulnerable sections of the society and it will promote the unity and integrity among the citizens.
Directive principles of state policy :
Article 44 is enlisted in the part IV of the Indian Constitution that is Directive Principles of State Policy. The rights of the directive principles is non-justiciable in nature. So it will not be questioned in the courts if any act is not passed to implement any Directive principles. Dr BR Ambedkar stated in the constituent assembly in support of this non-justiciable character saying that "A government which rests on popular vote can hardly ignore the Directive Principles while shaping its policy. If any government ignores them, it will certainly have no answer for that before the electorate at the election time." But this issue has always been ignored in Indian politics. It never becomes a issue before election.
This non-justiciable nature was criticized by K.T. Shah, a member of constituent assembly. He dubbed it as 'pious superfluities'.
Why is it not implemented ?
• As 'Uniform Civil Code' is enlisted in the directive principles, it totally depends on the government whether they will implement them or not.
• It is a very sensitive issue, so the government at the centre lack the political will.
• One of the main reasons is that all the states and union territories in India have different culture and language. So this vast diversity prevents them to implement it.
• Article 25 of the Indian constitution also acts as a barrier in its way. The article says that all persons equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion. It gives different religions to follow their own personal laws.
Effects :
Different personal laws for different religions is like a barrier in the progress of India. This different laws also prevents communal harmony among Hindus and Muslims. For the progress, peace and well being of India Uniform Civil Code is need of the hour. Law on Uniform Civil Code was in the manifesto of Bhartiya Janata Party in the general election of 2019. So the present government must enact a law on Uniform Civil Court to fulfill their promise.
Ways to implement :
Before framing the law the government should discuss with different religious leader on this issue.
Awareness program should be arranged in different parts of the country to aware the people of different religions about the importance of Uniform Civil Code.
After Independence India had been a poor country and various issues were more important than Uniform Civil Code. But now India has crossed 74 years of Independence. Now it's time to enforce Article 44.
So together with all the political parties, forgetting all political differences, Central Government must initiate to bring Uniform Civil Code in India.
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