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The IUP Journal of Law Review :
The Need for Uniform Civil Code
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India is a secular state that means the state does not owe loyalty to any particular religion and has no religion of its own. It protects all religions equally without any discrimination. All religions are governed by their personal laws. According to these laws, the conditions for marriage, divorce, adoption, maintenance, etc., vary from one religion to another, resulting in several problems and matrimonial conflicts. Article 44 of the Indian Constitution directs that “The state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”. The judges, jurists, academicians and other distinguished personalities favor and strongly support the implementation of the uniform civil code. Article 44 under the Directive Principles of State Policy is not enforceable and an individual cannot approach the courts for enforcement of Article 44. This can be achieved only by a strong political will.

 
 
 

The Preamble of the Indian Constitution declares “We the people of India having solemnly resolved to constitute India into a Sovereign, Socialist, Secular1, Democratic, Republic.”

India is a secular state. The word ‘Secularism’ under the law means, “the state does not owe loyalty to any particular religion and the state has no religion of its own.” It protects all religions—Hinduism, Islam, Christianity, Zoroastrianism, etc.—equally without any discrimination. These religions are governed by their respective personal laws. For instance, Hindus are governed by Hindu Marriage Act, 1955; Muslims are governed by the Dissolution of Muslim Marriage Act, 1939; Christians are governed by the Christian Marriage Act, 1872; Parsis are governed by the Parsi Marriage Act, 1939, etc. According to these laws, the conditions for marriage, divorce, adoption, maintenance, etc. vary from one religion to another, resulting in many problems and matrimonial conflicts.

 
 
 

Law Review Journal, The Need for Uniform, Civil Code, Sovereign, Socialist, Secular1, Democratic, Republic..