Aspects of Uniform Civil Code in India Unfolded

Abstract

India is the land to people belonging to various religions. The religious traditions as well as the secular traditions are deeply rooted in India. The culture of India is the blend of spiritual traditions and social movements. There is continuance of religious tolerance and faiths continue to co-exist despite existence of various religions on Indian soil. India attained independence on 15th August 1947. The Constituent Assembly was tasked with preparing the draft of the Indian Constitution. After submission of draft for final approval, the draft was finalized and thus, Constitution of India came into existence on 26/01/1950. The Constitution of India provides for preamble at the start which mentions of objects sought to be achieved by the Indians such as democracy, equality, liberty and fraternity. The words Socialist and Secular were later added in the preamble by 42nd Constitutional Amendment, 1976. Along with fundamental rights, Constitution of India provides for Directive Principles of State Policy which are not enforceable through a Court of Law. However, Courts have taken the help of directive principles in interpreting the laws. Enacting a Uniform Civil Code in India is one of the directive principles which is mentioned in Article 44 of the Constitution of India. Article 44 of the Constitution of India provides that, The State Government shall endeavour to secure for the citizens, a Uniform Civil Code throughout the territory of India . newlineUniform Civil Code has not been implemented in India due to various conflicts in personal laws. Hon ble Supreme Court of India, from time to time, in various cases has given direction to the government to implement Uniform Civil Code but due to lack of political determination, it could not be achieved. It is material to note that, need of Uniform Civil Code had been raised repeatedly prior to independence too, but it could not be achieved even after 75 years of independence.