Abstract:
Secularism is one of the goals which is
enshrined in the preamble to the Constitution
to achieve in the future. Article 44 of the
Indian Constitution talks about UNIFORM
CIVIL CODE which is actually step towards
the secularism, but Indian history shows that
politicians are not ready to give effect to this
provision keeping their interests safe aside.
The enactment on the uniform civil code should
really come into existence which would enhance
the spirit of brotherhood in India.
Introduction:
The Uniform Civil Code has become most
controversial issue in India due to its very
character. Uniform Civil Code (UCC) is the
legislation dealing with family matters like
marriage, divorce, inheritance, succession,
adoption, maintenance, guardianship, etc. But
main essence of this code is its applicability.
It applies to all persons irrespective of their
religion, caste, creed, birth, etc. Therefore, it
has become controversial issue because it goes
against personal laws. Thus, some sections
of the community are severely protesting the
enactment of UCC because they think that it
violates the freedom of religion, one of the
fundamental rights guaranteed under Article 25
to 28. The State cannot make any law which will
infringe fundamental rights and if it makes such
law, then it will be held as unconstitutional to
the extent of its contravention under Art 13(2)
by the judiciary. But really the UCC is violating
freedom of religion? It is not so because Indian
Constitution itself provides for enacting UCC
under Article 441 in Part IV of the Constitution
i.e. Directive Principles of State Policy. Thus
it has a Constitutional base. The directives
given in Part IV are not only directions but the
Constitution imposes duty on the State to make
laws on the matters given in Part IV.