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  • Category: Miscellaneous

    Should there be a common civil code in India?

    Presently there are Hindu Personal Law, Muslim Personal Law and Christian Personal Law in India. Goa is the only state in India which has a uniform civil code in the form of a common family law. However the Special Marriage Act, 1954 allows marriage between two individuals having different religious beliefs.
    The personals laws are not about marriages alone, but such laws cover broader issues like the condition of women and women's rights etc.
    The Supreme Court of India has asserted the need of a uniform civil code in India.
    Should there be a common civil code in India?
  • #569766
    When ever this topic is raised in any social media or at any forum,. heated exchanges could be seen as the common civil law is not acceptable to other communities for obvious reasons and that cannot be pressurized When BJP was in opposition it used to raise this issue now and then. Now that the government at the center has full power to do any thing, they may take up this issue and have the common civil code for every religion. A special session of Parliament can be convened only to discuss this issue and pass the bill with necessary amendments. One thing is sure. if country wants to develop fast, common civil code is necessary as other religions cannot enjoy privilege cited by their own laws.
    K Mohan
    I consider myself as the learner everyday

  • #569770
    India should immediately implement Uniform civil code for the following reasons:-

    1. To be truly 'Secular': In order to be completely secular, laws should have nothing to do with religion. Every modern nation which has truly embraced 'Secularism' has a Uniform Civil Code.

    2. To reduce the burden on the legal system: Different personal laws for different communities creates unnecessary burden on the legal system. Bringing a Uniform Civil code would reduce that.

    3. It will promote unity: Single personal law for all Indians would promote unity.

    4. Better laws will be enacted: Uniform Civil code will bring about better laws and will promote a better legal system.

    5. It will help end vote bank politics: If all Indians have same laws governing them, then the politicians will have nothing to offer to any community in exchange of their votes.

    6. The Supreme Court of India has time and again reiterated the importance of enacting a Uniform Civil Code. The Directive Principles of state policy under the Constitution of India also state that the State shall pass a Uniform Civil Code.

    “Whenever I feel the need to exercise, I lie down until it goes away.” - Paul Terry

  • #569777
    There absolutely should be a Uniform Civil Code. Having separate laws for different religions is an impractical system and as Partha points out, is the opposite of secularism. Enacting different laws for different religions is an archaic system that has no place in a modern, secular nation.

  • #569783
    I am not aware about Uniform civil law. But I am not agree with this law, as it will create religious issues in India, as we respect all individual religious and tehir laws.
    Because we have laws in Muslim law about multiple marriage without divorce by a Muslim man, but if we obstacle then they might get angry, so I suggest Government should make a panel, where Hindu, Muslim and christian , Buddhism and Jainism all person should be there ( they must have knowledge about every thing), then a panel of Judge, bureaucrats and some suggestion from common man then should implement the law, or else it create violence and it will not be easy to handle. Might be cause riots. If it is only about Women respect and right, there can be bring changes in particular laws.

  • #569790
    I request the ISC management to consider converting this topic into an 'Active GD'.
    Let us encourage each other in sharing knowledge.

  • #569791
    In that case I am reserving my further comments for the GD.
    “Whenever I feel the need to exercise, I lie down until it goes away.” - Paul Terry

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