Uniform Civil Code

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Uniform Civil Code Article 44 of the Constitution of India lays down an important directive principle of state policy, namely, that the state shall endeavor to secure for its citizens, a uniform civil code throughout the territory of India. However, as clarified by Article 37, directive principles of state policy are not enforceable by any court, although they are fundamental in the governance of the country. Today, citizens of India are governed by different personal laws, which are based on their religion, caste, community etc. A uniform civil code would ensure that all citizens of India are governed by the same set of secular civil laws in matters of marriage, divorce, maintenance, adoption, inheritance, etc. Under the present set of laws, Hindus are bound by the practice of monogamy, whereas Muslims are not. Similarly, whereas Hindus have a comprehensive enactment on adoption, this concept is not recognized by the personal laws of Christians and Parsees. If a uniform civil code is enacted, then, all citizens of India will be governed by the same law in all the abovementioned matters. The objective underlying a uniform civil code is to enhance national integration by elimination contradictions based on religious ideologies. All communities in India would then stand on a common platform on civil matters like divorce which are usually governed by different personal laws. As observed by the Supreme Court, the implementation of a uniform civil code is imperative for both, the protection of the oppressed and the promotion of national integrity and unity. It is based on the concept that there is no necessary connection between religion and personal law in a civilized society. Marriage, divorce, adoption, succession and the like are matters of a secular nature, and can therefore be regulated by a law applicable to all persons in a country. Time and
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