Indi A Country Of Personal Laws

1482 Words6 Pages
India’s history is testimony to the fact that it’s been a country of personal laws. The reality in India has always been much more complex than other societies, which have been totally secularized. The process of secularization in India, though not negligible has been far more slow and tortuous. And no law however ideal can become acceptable if it alienates people and ignores social realities. A law has to be socially rooted in order to be acceptable. In India, there are different set of laws for different communities pertaining to personal matters like marriage, divorce, property, adoption, inheritance and maintenance. The Uniform Civil Code implies covering all these personal laws into one unified set of a secular law, that
…show more content…
Article 44 of the constitution of India lists Uniform Civil Code (Article 44 of the Constitution pledges for a uniform civil code. It runs as- “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”). as one of the Directive Principles of state policy. Directive principles of state policy, which comprises part IV of the constitution of India, are guidelines for the state and central governments to help them in framing laws and policies. However these Directive Principles “shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws”, according to Article 37 of the Constitution. Though article 44 of constitution does not define the meaning of the expression ‘civil code’, its meaning can be found out from its context and other provisions of the constitution which are relevant on this behalf. The word ‘civil’ is used in various senses, refers to the expression ‘civil law’ (substantive and procedural) relating to private rights of citizens. Civil law would relate to various aspects of personal relations such as contract, property, marriage and inheritance. The demand for a
Get Access