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Academic
| Views and Opinions |
Practical
Effect of Reformative Theory of Punishment
| Uniform
Civil Code
Uniform Civil Code
By Naina Sinha: L.L.B.( F.Y, ), Balaji
Law College
‘Unity in Diversity’, the patent logo our
republic nation India is symbolized with.the identity
of nationhood, which was based on a strong foundation
and vision that the founder father of our constitution
Dr B R. Ambedkar’s thoughts favoured a uniform civil
code. But this couldn’t realize the consequences
of enacting different personnel law with regard to marriage,
succession, etc.
Distinction with regard to various personnel law has led
to discrimination.. The debate on Uniform Civil Code then
is not nationalism nor equality but the law before gender
justice. The lack of common code has effected majorly
the stand of women in society.
It adversely affected muslim women as personnel law marginalizes
them in various ways and fields. Subsequently with regard
to Hindu women, the frequent cases of their husbands sheltering
under Islamic law for 2nd marriage has been raised.
Thus with regards to discrimination and abdication of
Gender Justice, the Supreme Court observed that personnel
law is far away from uniformity and it is high time for
complete reform and application of uniform law irrespective
of cast, creed or sex.
Religious fundamentalism must go along with socio and
economic justice. As it has been realized that personnel
laws stand contradictory to democracy and republic …
basic principles our nation is founded on.
Supreme court has again set the cat amongst the pigeons
on the matter of the common code.
Various myths surrounding UCC . like it favouring Hindu,
Muslim Opposition to common code, and personnel law providing
special benefit withheld the application of common procedure
court.
But the fact to be analysed is personnel law only gives
Muslim Rights to be governed by Shariah Principles in
Personal matters.
The need of the hour, with respect to implementation of
UCC, is ‘ we need reformation and not uniformation.
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