As I've stated before The UCC or Uniform Civil Code is a lingering Dilemma of Indian Democracy. The Mere mention of Art.44 is deemed outrageous by Few People!! The most discussed and commonly known case is of Shah Bano's* case where a poor muslim women claimed for maintenance from her husband under Sec.125 of Cr.P.C after getting triple Divorce by her Muslim husband. SC ruled in her Favour, Chief Justice Chandrachud commenting, "A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies." The Response to the judgement was Prompt,Strong and reactionary. Muslim leaders all over vowed to "Give Lives" Protecting their personal law. this unrest is what caused then PM rajiv Gandhi pass Muslim women's(Protection of Rights in Divorce) act,1986. In another matter of Sarla mangal v. Union of India(AIR 1995 SC 153) Bench headed by Justice Kuldip Singh Readdressed issue reminding then PM P.V.Narasimha Rao to take a fresh look at Art.44 Quoting. "Successive governments have, till date, wholly remiss in their duty of implementing the constitutional mandate under Article 44." In another case in 2003 of a christian Priest From kerala John Vllamatton v. Union of India, AIR 2003 SC 2902 Bench of justice Khare, Observed as under, "It is a matter of great regret that article 44 of Constitution has not been given effect to. Parliament is still to stop in for framing a uniform civil code in country." Contradictory to that when the Petition was filed to mandate Government to initiate UCC in Country, it was dismissed on the ground that this was a matter of Legislature and not the Judiciary.** Chief Justice Chandrachud stating that UCC being Vital for national integration in case of Pannalal Bansilal v. State of AP, (AIR 1996 SC 10230, it was held that Introducing UCC in one go will be Counter productive For nation's Unity and Integrity Even the strong Outbursts of Justice Kuldip Sing were Diluted observing, They were only in nature of Obiter Dicta*** and not legally binding in the government. The Contradictory stand of SC on the Matter of UCC further cements the way for politicians to Thrive upon!! And that's what is happening on the matter frequent media reports few live 'Newshour Debates' ensure that the extreme REligious archetypes will rore then and again and lo and behold we will continue to live a falsified Dream of Equality!! * Mhd. Ahmed Khan V. Shah Bano Begum (AIR 1985 SC 945) ** Maharishi Avadhesh v. Union of India, 1994 SCC Suppl (1) 713) *** Obiter Dicta- a judge's expression of opinion uttered in court or in a written judgement, but not essential to the decision and therefore not legally binding as a precedent. OR an incidental remark.
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