DNA Special: Why Uniform Civil Code is need of the hour in India?

Today we have come before you with this question that when everyone's DNA is the same in our country, then why are the laws different? Why are the laws of marriage, divorce and real estate not the same for every citizen in our country even after 73 years of independence? The Delhi High Court has given a very revolutionary decision today, in which it has said that there should be a Uniform Civil Code in the country.

When students from every section of the society go to school, they have the same uniform, have the same examinations and the rules of the school apply the same to everyone, so shouldn't the same equality apply in the laws of the country as well? Why are these laws different on the basis of religion and caste? Constitutionally, we call ourselves a secular country but there is discrimination on the basis of religion in the law of our own country. Therefore, today we will once again raise the decades-old demand for Uniform Civil Code together with the whole country.

First of all, we tell you this complete news in simple language, so that no one can confuse you on this. Because whenever the debate on Uniform Civil Code has started in the country or the courts have given a decision on it, then propaganda is spread by telling that this topic against a particular religion and then many fake news shops about Uniform Civil Code get opened.

The Delhi High Court gave a judgement in a divorce case on Friday, in which the court has said that the implementation of the Uniform Civil Code in the country should be considered. Justice Pratibha Singh has given this decision. In short, the news is that once again the court has emphasized the implementation of the Uniform Civil Code in the country. But what is Uniform Civil Code? And why did the court feel the need in this case of divorce?

Uniform Civil Code is a secular law, which is above all private laws of any religion or caste. But there is no such law system in India yet. At present, people of every religion in the country settle the matters of marriage, divorce and property according to their personal laws. The Muslim, Christian and Parsi communities have their own personal laws, while the Hindu Personal Law deals with civil matters of Hindu, Sikh, Jain and Buddhist religions. This means to say that at present there is no one country, one law system in India.

And it is ironic that although the constitutional status of India is secular, which talks about faith and equal rights in all religions, but in a secular country, there is no uniformity regarding the law. Whereas in Islamic countries there is a law regarding this. That is, the country which is secular has not been able to move forward on the path of equal law till date. And for this reason, today's decision of the Delhi High Court becomes important.

This decision has been given in a case of divorce - in this case, the court had to decide whether the divorce would be based on the Hindu Marriage Act or on the basis of the rules of the Meena tribe. Because husband and wife are from the Meena tribe of Rajasthan, which comes in the ST community. In the Hindu Marriage Act, there is a provision for legal proceedings for divorce, while the decision of divorce in the Meena tribe is taken by the Panchayats. But in this case, the husband argued that the marriage took place according to Hindu customs, so the divorce should also be done under the Hindu Marriage Act, while the wife argued that the Hindu Marriage Act does not apply to the Meena tribe, so divorce plea by her husband should be dismissed. On 28 November 2020, a Rajasthan court, while giving its decision, rejected the divorce application and this decision went in favour of this woman. But later this person petitioned the Delhi High Court and now the High Court has reversed the decision. The court has said that it sets aside the decision of the Rajasthan court and directs the trial court to start the hearing again in this case and most importantly, now in this case, the divorce will be decided only under the Hindu Marriage Act.

In the year 1985, during the Shah Bano case, the Supreme Court had said that the Uniform Civil Code would help in keeping the country one. Then the court had also said that the conflict of ideologies arising out of different laws in the country would end. Apart from this, in the year 1995, the Supreme Court had directed the government that Article 44 of the Constitution should be implemented in the country. Today again, the court has called it necessary.

India may not have one country, one law system, but many countries have adopted it. The Common Civil Code is applicable in France, which ensures the system of equal law on the people of all religions there. Similarly, like the English Common Law of the United Kingdom, the United States has a common law system at the federal level. In Australia, the same common law system as English Common Law is applicable. Civil law systems are also applicable in countries like Germany and Uzbekistan. That is, in these countries, there is the principle of one country, one law.

However, Kenya, Pakistan, Italy, South Africa, Nigeria and Greece do not have Uniform Civil Code. Christians are the majority in Kenya, Italy, Greece and South Africa, but there is a separate Sharia law for Muslims. Pakistan is an Islamic country but there are separate provisions for Hindus in some cases. However, Hindus do not have that much freedom in Pakistan. Apart from this, there are four types of laws in Nigeria. English Law, Common Law, Customary Law and Shariat. That is, here too there is no equal law for all religions like in India.