A short note on Uniform Civil Code in Pre independence .i.e soon to be independent india
a goal, not a right, became Article 44 in the Constitution. It was widely criticised by proponents of a uniform code because it contained no mechanism and provided no timetable for enforcement. However, Prime Minister Jawaharlal Nehru and others insisted on its inclusion, arguing that even if it was only symbolic, it was an important step towards national unity.
In December 1946, the Constituent Assembly convened to devise a Constitution for the soon-to-be-independent India. Some argued that India's various personal laws were too divisive and that a uniform civil code should be instituted in their place.
And once the notion of a uniform civil code was put forward, it soon became accepted as an important part of the effort to construct an Indian national identity, over the separate identities of caste, religion and ethnicity.
Some resistance to the code was on the grounds that its imposition would destroy the cultural identity of minorities, the protection of which is crucial to democracy.
Certain feminists thus argue that the uniform civil code debate balances on the polarity of the state and community, rendering the gender-based axis upon which it turns, invisible.
A compromise was reached in the inclusion in the first draft of an article that compelled the state "to endeavour to secure for the citizens a uniform civil code throughout the territory of India." The clause, a goal, not a right, became Article 44 in the Constitution.
It was widely criticised by proponents of a uniform code because it contained no mechanism and provided no timetable for enforcement. However, Prime Minister Jawaharlal Nehru and others insisted on its inclusion, arguing that even if it was only symbolic, it was an important step towards national unity.
Though Nehru himself likely would have favoured a uniform code, he knew that personal laws were linked with religious identity in India and therefore could not be easily abolished. Recognizing that what he wanted was not a political reality, he settled for an unenforceable clause.
Keywords: uniform civil UPSC , uniform civil code in British raj, UCC before independence, UCC in British India, UPSC ucc,
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