The Bold Voice of J&K

Uniform civil code

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With Supreme Court favouring Uniform Civil Code it looks the controversy over different laws governing matrimonial issues will have uniformity for couples of different communities. The Apex Court had questioned the Centre’s reluctant stand in imposing a uniform code. It said if the Govt fails to clear its stand it would pass an order ex-parte. The Supreme Court is in favour of one secular law applicable to all. The lack of uniformity under religious clauses had led to infirmity. What is needed is that religion should be stamped out of civil matters in case of marriage, divorce and adoption. It stated that Article 44 of Constitution which says, “The State shall endevour to secure for the citizens a Uniform Civil Code throughout the country.” But so far, successive governments have not attempted to enforce the same even after the expression of anguish by the Supreme Court. The issue came up after the Court is examining the validity of 146-year-old provision which says a Christian cannot be granted divorce on mutual consent if they have not lived separately for two years where as in other religions it is one year separation. The two year stand defies the very spirit of Article 44. In a country where more than 80 per cent citizens have already been brought under codified personal laws there is no justification in delaying the uniformity. Atleast there should be an attempt to undo the past mistakes and retain the continuity of life without any bias against any religion, creed, caste and colour. This is the true spirit of democracy which our founding fathers must have foreseen to not get entangled in myopic, narrow minded and outdated thoughts. Uniformity in life makes pace of growth faster and better for people thus religion should be kept apart and sanctity maintained in civil matters.

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