UNIFORM CIVIL CODE: THE (UN) FULFILLED PROMISES OF THE INDIAN CONSTITUTION
Abstract
A Constitution is continuously in flux. Implicit in a Constitution is its founders' vision, which unfolds itself in the very process of its fulfillment. In that sense, it is a mix of ideals and reality of what ought to be and what is. A constitutional document seeks to reckon with reality and reshape it in the mold of its aspirations. Constitution certain norms which are enforceable in courts of law and certain norms which, though fundamental in the country's governance, are not enforceable by the courts. Both sets of these constitutional norms have messages and mandates for the state, society, and individual, and those messages and mandates are the tasks that the Constitution entrusts to all branches of the state and the citizens for their progressive understanding. In other words; our Constitution gives us a basic structure, a set of primary goals, values, and norms, a body of mandatory and prohibitory injunctions, a quiver of constructive and declaratory arrows, and a manual of methodologies. All these are aligned with the teleology of the priority tasks of our Constitution.
In context with the above, one of the unfulfilled promises of the Indian Constitution is the Uniform Civil Code (UCC). The Indian population is like a bunch of flowers in a vase. There is diversity in religious faith, customs, festivals, food, language, and culture, and consequently diversity in personal laws. The UCC, if enacted, will deal with the personal laws of all religious communities relating to marriage, divorce, adoption, inheritance, succession to property, etc., which are all secular in the character of the Indian state, and to enhance fraternity of unity among citizens by providing them with a set of uniform, personal laws.
Initially, more support was needed to enact the Uniform Civil Code. The government has received certain representations from various quarters for bringing in a Uniform Civil Code as envisaged under Article 44 of the Constitution. Recently, the 22nd Law Commission issued a notification to elicit views on any issues about UCC. The commission has received the responses and has yet to come to a conclusion and make the recommendations.
Objective of the study
The objective of the paper is to analyze the situation as to how the government will fulfill the promise of the Constitution. The analysis will be conducted with the help of views of the members of the Constitution Assembly, the existing provisions of the Constitution and its interpretation. The international commitments will also be discussed. However, while resolving the dispute and interpreting the different personal laws, the Supreme Court of India has expressed the need to enact a uniform civil code to uphold the values of gender rights, equality, and justice.
Research Methodology
The research methodology of the literary work is doctrinal in nature, uses both exploratory and analytical approaches. Both primary and secondary sources of information were used. To provide the basis for the initial assessment of the paper, which has since been broadened to include a deeper analysis of the literature, the method entails a thorough review of books, articles, newspapers, judgements of the courts.
