UNIFORM CIVIL CODE: - A LEGAL STUDY

Abstract

In present day Uniform Civil Code is not a latest phenomenon rather a highly debatable issue and a topic of controversy. Article 44 of The Indian Constitution1 Clearly defines about Uniform Civil Code and according to Article 442“The State shall endeavour to secure the citizens a uniform civil code throughout the Territory of India. The main purpose of Article 44 is to address the discrimination between different groups and harmonise the cultural groups all among the country. In simple words, Uniform Civil Code is one law for the whole nation and applicable to all religions in common issues like divorce, marriage, adoption and maintenance etc3.When Baba Saheb,Dr.BhimraoAmbedkar formulate the Indian Constitution said that “uniform civil code is voluntary and desirable, it would be mandatory to implement when nation would ready to accept it or when it gained social acceptance”. In a speech BabaSaheb said it is wholly the state power to execute it or not4. ORIGIN OF UNIFORM CIVIL CODE:- Uniform Civil Code is a historic topic and highlighted from Colonial India. During this time in 1835 British government submitted its report regarding the uniformity in codification of Indian Law. Then in 1941 British rule compel the government to make B.N Rao Committee to codify Hindu law. Then after consider these recommendations in 1956 bill was adopted named as Hindu Succession Act5. The purpose of this code is to amend and codify the law among Hindu, Jain, Sikh and Buddhist. Hindu code bill also drafted by Dr B R Ambedkar. The main purpose of this code is to legalise inheritance to daughter, divorce, polygamy opposed. Despite of these bill four different laws was passed6:- 1. Hindu MarriageAct,1955. 2. Hindu Maintenance and Guardianship Act,1956. 3. Hindu Adoption and Maintenance Act,1956. 4. Special Marriage Act,1954.