A UNIFORM CIVIL CODE FOR THE ERADICATION OF DISCONSOLATE PRACTICES IN THE NAME OF RELIGION AND TO ENSURE SOCIO-ECONOMIC JUSTICE
-Prof (Dr.) Mamata Biswal
Ideally, the UCC must address the Conflicting and Prejudicial areas of Personal Law, Socio-Economic Rights of Women and the object of the UCC must be to eradicate Disconsolate Practices in the name of Religion.
ABSTRACT
The practice of Sati, child marriage, Triple Talaq and Nikah Halala etc. – Are they fundamental to Religion and constitutionally valid? What are their economic origins and consequences?– Are they fundamental to Religion and Constitutionally valid? Religious rights are fundamental to every citizen of India. Nonetheless the evil practices in the name of religion are not fundamental to religion. Religion and Religious practices are very closely allied with the rule of law. The right of ‘freedom of religious practice’ has its origin from the Constitution of India. ‘Secularism’ as the basic structure of the Constitution of India and Freedom of Religion (Article 25-28 of the Constitution) are the allure in the Constitution of our Country. These provisions provide the freedom to practice and profess religion, subject to morality, public order and health. But India has been witnessing many cruel practices in the name of Religion with no demarcated frontier. Although, the Legislative action, judicial intervention and social intermediation provide interim relief to the problems, but no permanent key. The yardstick for sanction all religious practices must be the Constitutional validity which factor in economic justice. The Triple Talaq Act 2019 is a welcome step to confront some issues but the enactment of many small pieces of legislations would create inconsistencies among the common men and incongruities for the interpretation and implementation. Seldom the Uniform Civil Code (UCC) had been proposed to be a solution to these evils, but to me ‘Uniform Civil Code’ is not the ultimate riposte for the prejudiced issues of Personal Laws. Initially, the proposed UCC must address the areas related to the deprivation of legal and economic rights of the citizens. The UCC can cover a complete code for each religion eliminating the religious practices which are not constitutionally valid having adverse gender based economic impact, would maintain the balance between the secularism, religious rights, economic justice and social equilibrium. Unified Personal law Codes for all Indian citizens like a Hindu Code for the Hindus, a Muslim Code for Muslims and likewise a special code for each religion in the matters of personal nature under the UCC would solve the purpose for few decades.
Keywords: Uniform Civil Code, Secularism, Constitution, Religion, Violation, Fundamental right, Woman, Society.
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