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Uniform Civil Code

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For example, the following is an excerpt from an article<br />

by Mr. Balraj Puri. Totally rejecting the concept of the<br />

common civil code, he writes:<br />

My objection to the concept of national unity and the<br />

arguments advanced in support of it by the honourable<br />

judges is more fundamental. In my view, they adversely<br />

affect the process of nation building, the pluralist<br />

character of the Indian nation and dialogue within the<br />

Muslim Community and between it and the other<br />

communities, mainly Hindus, on the subject of<br />

reforming its personal law. By premising that Muslim<br />

Personal Law cannot be reformed without making it a<br />

part of a uniform law, the judges have subordinated the<br />

cause of Muslim women to the Muslim urge for identity<br />

and have thus done grave injustice to a good cause.<br />

There is absolutely no logical connection between<br />

uniformity and reform. The case against the former is as<br />

unassailable as it is for the latter. Nor is uniform law<br />

imperative, as the judges argue, for the promotion of<br />

national unity and solidarity. There are 66 entries in the<br />

State List and 47 in the Concurrent List of the<br />

Constitution on which States are empowered to make<br />

laws without any obligation to conform to uniformity. If<br />

diversity of laws, based on geographical arid cultural<br />

diversities of the States, has pot threatened the unity of<br />

the country, would be threatened only if the diversities<br />

are of non-territorial form as are religious communities?<br />

Justice Kuldip Singh has proclaimed that no community<br />

UNIFORM CIVIL CODE—A CRITICAL STUDY 27

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