Uniform Civil Code

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UNIFORM CIVIL CODE AND ROLE OF INDIAN JUDICIARY

CONCEPT AND MEANING OF UNIFORM CIVIL CODE
The expression ‘Uniform Civil Code (UCC)’ consists of three terms- ‘Uniform’, ‘Civil’, ‘Code’. The word ‘Uniform’ means one and the same in all circumstances whatsoever; the term ‘Civil’ has been derived from the latin word ‘Civils’ meaning citizen when used as an adjective to the term ‘law’, it means pertaining to the private rights and remedies of a citizen, as distinguished criminal, political, etc. The word ‘Code’ is derived from the Latin word ‘Codex’ which means a book. Therefore, the term ‘Civil Code’ is read in conjunction with the adjective ‘Uniform’ it connotes a code which shall be uniformly applicable to all citizens irrespective of their religion, race, sex, caste and creed.
Uniform Civil Code, therefore, generally refers to that part of law which deals with family affairs of an individual and denotes uniform law for all citizens, irrespective of his/her religion, caste or tribe.
UNIFORM CIVIL CODE AND INDIAN CONSTITUTION
Article 44 of the Constitution of India requires the state to secure for the citizens of India a Uniform Civil Code throughout the territory of India. India is a unique blend and merger of codified personal laws of Hindus, Christians, Parsis and to some extent of laws of Muslims. However, there exists no uniform family related law in a single statutory book for all Indians which are universally acceptable to all religious communities who co-exist in India.
The constitution, by virtue of Article 44, is very clear that unless a uniform civil code is followed, integration cannot be imbibed. However, the fact is that it is only a “directives principle” laid down in the constitution and as Article 37 of the Constitution itself makes clear, the directive principles “shall not be enforceable by any court”. Nevertheless, they are “fundamental…...

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