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Dhami determined to make BJP’s dream come true

In the general elections of the year 1989, 2014, 2019, the BJP had brought Uniform Civil Code in the manifesto. Portugal Civil Code 1867 is already implemented in Goa, now Uttarakhand has created a stir in the country. According to lawmakers, it is not easy to implement Uniform Civil Code in any state of the country.

Uttarakhand Chief Minister Pushkar Singh Dhami has gone to complete the exercise of Uniform Civil Code that the Bharatiya Janata Party has been running for a long time in the country. However, the road is not easy as the Uniform Civil Code has not yet been implemented from any state or central level in the country except Goa. The Portuguese Civil Code 1867 is already in force there even before Goa’s merger with India. Let’s know what is Uniform Civil Code, what will be its effect, how will it be implemented, what is the opinion of the legalists.

What is
Uniform Civil Code i.e. Uniform Civil Code is the same law for all religions. Till now every religion has its own separate law, according to which decisions are taken on personal matters like marriage, divorce etc. There is a separate law for Hinduism, separate for Muslims and separate for Christian community. After the implementation of the Uniform Civil Code, there will be one law for all citizens. 

The issue raised by the BJP for the first time in the 1989 general election is the
Uniform Civil Code, an issue that has always been on the BJP’s agenda. For the first time in the 1989 general elections, the BJP had included the issue of Uniform Civil Code in its manifesto. After this, in the general elections of 2014 and again in the elections of 2019 also, BJP gave place to this issue in its manifesto. The BJP believes that unless the Uniform Civil Code is adopted, gender equality cannot come.

The Supreme Court, the High Court have also
questioned the government from the Supreme Court to the Delhi High Court on the Uniform Civil Code. In 2019, the Supreme Court expressed displeasure that no effort was made to implement the Uniform Civil Code. At the same time, in July last year, the Delhi High Court had told the Center that a Uniform Civil Code is necessary.

Right now these are the provisions
. At present, matters related to people of every religion are resolved through personal law. Although personal law belongs to Muslim, Christian and Parsi communities, Jains, Buddhists, Sikhs and Hindus come under Hindu civil law.

Uniform civil code is applicable in these countries of the world
Turkey, Sudan, Indonesia, Malaysia, Bangladesh, Egypt and Pakistan.

What legalists say
Senior jurist RS Raghav says that of course under Article 44, the state government can make a uniform civil code for the citizens of its state, but it will have to be sent to the Center to implement it. After this, it can be implemented only after getting the approval of the President. At the same time, senior advocate Chandrashekhar Tiwari says that under Article-44 in the Joint List of the Constitution, the state has full right to make Uniform Civil Code. After this, if the central government brings a uniform civil code, then the state code will be absorbed in it. 

The matter was referred to the 21st Law Commission
The issue of Uniform Civil Code is with the Law Commission. Law Minister Kiren Rijiju had written a letter to BJP MP Nishikant Dubey on January 31 this year, stating that the matter of Uniform Civil Code was referred to the 21st Law Commission, but its term ended on August 31, 2018. Now the matter can be referred to the 22nd Law Commission.