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Law is for the society,Society is not for the law. Society is dynamic so is the law. If the law will not change with the change in society there will be an imbalance. In India there is a population explosion due to which it is very difficult for the country to allocate its resources to every citizen. It is quite obvious that if there are 3 mangoes and number of people to share them are 20 then each one will get a limited share and no one will be happy.

Uniform/Common Civil Code, as it’s known as, would unify India’s personal laws that govern matters such as marriage, divorce, maintenance, adoption and inheritance – drawing upon the best traditions and harmonizing them with the modern times.  Lack of this law is one of the prime reasons behind India’s unstoppable population, especially in past three decades. While the majority community has strictly adhered to a very small family, members of a particular community are allowed polygamy and very large families as a result. Some say that this is to protect and respect the laws of the community’s religion. Ok! Agreed. Then why is the criminal law,modern?! Why the criminal law as prescribed in there religion not followed? There is no answer to it.

Why was this law applied only on the majority community is the question Nehru never answered.Here is the conversation between Nehru and Mr. More in the parliament when Nehru was applying a Civil Code for majority community alone:-

Nehru declared: “Well, I should like a Civil Code which applies to EVERYBODY but…” Shri More: “What hinders?” Nehru: “Wisdom hinders.” Shri More: “Not wisdom, but reaction hinders.” Nehru: “The Honourable Member is perfectly entitled to his view on the subject.


 

Article 44 of the Indian Constitution enshrines the directive principle that the state shall endeavour to secure for the citizens a uniform Civil Code throughout the territory of India. A uniform civil code means that all citizens of India have to follow the same laws irrespective of their religion. It’s therefore the cornerstone of the fabric of modern secular society.

The non-implementation of the provision contained in Article 44 amounts to a grave failure of Indian democracy and the sooner we take suitable action in the matter the better.

 

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Kartikey Misra

A student of law, co-founder eltrivate, Individualist, Narcissist. Totally believes in Nationalism. Has an interest in politics, history, religion, literature and international relations. Loves to hunt pseudo liberals and pseudo seculars.

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