International Journal of Law

Authors
Saksham Solanki, Shaivya Manaktala

Abstract
India is the World’s largest democracy, diverse with million communities and traditions with a secular fabric attached to her Constitution making her a diverse and tolerant nation with respect of guaranteeing its citizens under Part III Article 25 and 26, Fundamental Right to Freedom of Religion, but on the other hand, a growing need and controversy of implementing the Uniform Civil Code under Part IV (Directive Principle of State) Article 44 for bringing and clubbing the personal laws has stoked a conflict with Personal Law Boards still vehemently active in our politics making the time still immature for it to be in practice in a nation where polarization along the religious lines is still active in our society. This paper proposes to bring out the actual socio-political issues including literacy, religious and social mobility which are far more urgent for a well thought out and careful implementation of Uniformity in personal laws, ensuring integrity, unity and equality between genders, communities rather than forcing a still maturing democracy into further complications of intolerance and homogeneity. The framers of Constitution were convinced that certain amount of modernization is required as immediate enactment can affect the sentiments and religious freedom leading to insecurity and distrust among communities. Although the Apexhas emphasized upon the need of Uniform civil code to settle the ambiguity which has arisen due to the different interpretations of various personal laws and through various judgments in Shah Bano’s case and recently the Vallamattam Case have unified inclination towards the enactment of the Code, but the unity of Tamilians in the context of Jallikattu against the order of SC has well justified the fact that nothing can be above the PEOPLE OF INDIA. With a heterogeneous population consisting of Hindus (79.8%), Muslims (14.2%), Christian (2.3%), Sikhs (1.7%) and so on, it is very well important for the unity and integrity of the nation to keep in mind the histo