UCC- A large section is opposing it-Reason....
UCC- A large section is opposing it-Reason....Diversity in Personal Law
Faizan mustafa has written in an article that bringing uniformity in the laws of all religions is within the jurisdiction of the constitution. But uniformity of laws has not been given priority due to political reasons.
At the same time, bringing amendments to the Central Personal Law with a law like the Hindu marriage Act is possible under entry number 5, which talks about uniformity. But this power cannot be extended to include the enactment of a Uniform Civil Code for the whole of India. Because once a legislative area is taken over by parliamentary law, the states do not have much freedom to legislate. Such laws require the assent of the President under Article 254.
It is also a myth that Hindus are governed by uniform law. marriage between close relatives is not done in North india but it is considered auspicious in South. The lack of uniformity in personal law is true in the case of Muslims and Christians as well.
Faizan mustafa has written in an article that bringing uniformity in the laws of all religions is within the jurisdiction of the constitution. But uniformity of laws has not been given priority due to political reasons.
At the same time, bringing amendments to the Central Personal Law with a law like the Hindu marriage Act is possible under entry number 5, which talks about uniformity. But this power cannot be extended to include the enactment of a Uniform Civil Code for the whole of India. Because once a legislative area is taken over by parliamentary law, the states do not have much freedom to legislate. Such laws require the assent of the President under Article 254.
It is also a myth that Hindus are governed by uniform law. marriage between close relatives is not done in North india but it is considered auspicious in South. The lack of uniformity in personal law is true in the case of Muslims and Christians as well.
For example, goa is considered as a state which already has a Uniform Civil Code. But the Hindus of goa are still governed by the Portuguese family and succession laws. The Revised Hindu Law of 1955-56 does not apply to them, and Hindu law on marriage, divorce, adoption and joint family remains valid. The Shariat Act of 1937 has not yet been extended to goa, and the state's Muslims are governed by Portuguese law as well as Shastri Hindu law.