by Praveen Kaushik
The uniform civil code calls for the formulation of one law for India, which would be applicable to all Indians. The code comes under art 44 of Indian constitution.
Almost all the countries of the world have a common civil code for all their citizens. The basic Idea behind the formulation of a Uniform Civil Code is to end discrimination based on religions. The disparities and atrocities on woman before or after marriage, the issue of “triple talaq” across the country
had flared up the necessity of uniform civil code in the country to protect the civilian rights.
The debate for a uniform civil code dates back to the colonial period in India prior to the British rule, under the East India Company (1757-1858). The lex loci report of October 1840 emphasized the importance and Necessity of uniformity in codification of India law, relating to crimes, evidence and contract but it recommended that personal laws of Hindus and Muslims should be kept outside such codification.
In this case Shah Bano moved to SC for seeking maintenance u/s 125 of CrPC. When her husband divorced her after 40 years of marriage by giving triple talaq and denied her regular maintenance.
The SC gave verdict in favour of Shah Bano by applying Sec.125 of Indian criminal code and it is applied to all citizens to all citizens irrespective of religion. Then Y.V.Chandrachud, observed that a common civil code would help the cause of national integration by removing Disparities to law and so the court directed parliament to frame a UCC.
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