SHIVAAR

Liberal Altrnatives

SHIVAAR

National civil code is the alternative.







NCC not UCC

Swatantra Bharat Party has tabled the concept of ‘National Civil Code’.

A provision in the proposed code says, ” Every citizen of the Republic should be a-priori considered as being governed by the National Civil Code; however any citizen or his guardian should have the possibility of opting for the civil system of any of the established systems of faith;”
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NATIONAL CIVIL CODE

The proposed Common Civil Code has been, for some times, the subject of a wide spread national debate and that the debate is being dominated largely by the denominational dogmatists and by the self-seeking politicians,

Article 44 of the constitution contains a directive principle that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

The directive principles in the constitution were adopted at a time when the State was viewed as the supreme arbiter and authority in all matters social, economic, cultural, educational et al. The SBP on the other hand believes in a minimal political government and a plurality of governing institutions and is, therefore, opposed to the idea of the State deciding considered moral or ethical.

Further, according to the Constitution, the Indian Republic is a secular State, which means, ‘equally skeptical of all religious dogma’ and not a State enclosing the dogma of all faiths. However , a uniform civil code would be a laudable objective in the long run and the best way of endeavoring to introduce it will be through the elaboration of an optional and norm-setting national civil code:

1) Elaboration of a National Civil Code connotes neither disputing the relative merits of various religious, civil systems, nor imposition of one religious code on all the peoples, nor a hotchpotch melange of diverse religious stipulations;

2) The National Civil Code must represent a well integrated scheme based on equality, justice and reason;

3) Every citizen of the Republic should be a-priori considered as being governed by the National Civil Code; however any citizen or his guardian should have the possibility of opting for the civil system of any of the established systems of faith;

4) The State judicial system should not intervene in civil disputes between citizens opting for the same religious code;

5) Disputes between citizens for a single religious code be decided according to the National Civil Code, should any of the parties choose to take recourse to the official judicial system.

6) Disputes between citizens appertaining to different religious codes will be subject to the National Civil Code.

(From SBP Manifesto, 2009)

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