Sunday 16 October 2016

Freedom of religion and uniform civil code

Religion is the relation between man and his creator. Organized religion consists of two parts one that is spiritual and controls or guides the methods of worship and belief and the other social or legal which controls the social relations. The spiritual part of the religion is basic inalienable part and is essential for the adherents of a religion to follow.
Secularism is the basic structure of the Constitution of India and hence cannot be removed from it. Secularism means that the State shall neither promote nor demote any religion, nor discriminate on the ground of religion in public sphere nor shall there be any State religion. Secularism basically means that the State shall not interfere in man's relation with his creator.
In the chapter of fundamental rights, the right of equality is the first right guaranteed by the Constitution. Articles 14-18 strictly prohibit any discrimination on the grounds of religion, race, caste, sex or place of birth.
The freedom of religion covered by articles 25-28 further ensures that the various practices of religious groups as well as denominions shall be protected subjected to the restriction on the ground of public order, health and morality. The basic inalienable practices of any religion are protected by the Constitution.
Article 44 of the Constitution provides for the uniform civil code. Article 44 comes under the chapter on directive principles of state policy which are directions to the state to implement when the conditions are favorable and in accordance to the needs of the society. The civil law covers the regions of marriage, divorce, adoption, maintenance and inheritance. The Hindu law was codified in 1955-56 and various aspects of it were changed as a result. There is a codified law governing some aspects of Muslim divorce and maintenance which can be applied at the desire of the parties concerned. Muslims can adopt only under the secular law. Christians have a codified personal law. The Code of Criminal Procedure,1973, also deals with maintenance. The uniform civil law aims at unifying these divergent laws and providing same law for all citizens irrespective of their religion. The uniform civil code does not effect the spiritual and the basic tenets of a religion which are protected by the provisions in the chapter on fundamental rights.

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