Why I am for common civil code in India

vandana7 By vandana7, 1st Jul 2015 | Follow this author | RSS Feed
Posted in Wikinut>Family>Religion

In India there are different sets of laws for different communities or religion. It complicates the judicial process. A common civil code will help.

Why common civil code - my reasoning

There are many good lawyers. But being expert in one set of laws does not necessarily make you an expert in other set of laws. By insisting on existing set of laws, minorities in the country are indirectly hurting themselves, and their future generations, because as the goes, proportionate number of advocates who understand their religion and religious customs in depth will come down, I say so because judicial system is not expanding in this country in proportion to the population, and new laws too are being formulated every other day. If an advocate can find easier way to earn monies, he or she is surely not going to complicate life by taking on the most difficult cases that often do not carry much monetary compensation. In the process, future generations of minority may decide to resolve their differences by taking law in their hands, because "justice delayed is justice denied".

It is not only advocates, but even judges who need to be conversant and understanding

Even if proportionate representation is done in the bench of judges, there is still a conflict in the minds because these judges do handle other cases, and their they may have given verdict differently. When judges give verdicts the attempt is to be fair. If they find something fair in one situation, would they find the same thing unfair in another situation that is exactly alike, with only religion becoming the barrier? Effectively, their decisions start becoming arbitrary and confused. In any event, finding dates of judges who are knowledgeable on the religion based laws, becomes a difficult again, and justice is consequently delayed.

I do not think I cited any reason that sounds like a religious bias

Other countries as far as I know have common civil code, and laws why only India should have such differentiation? It delays justice for everybody since the concerned judge is plucked from one bench and appointed in another because there is a panel formation that needs judges to be experts in some areas. Effectively, the matter slows down elsewhere because requirement number of judges who are familiar with the subject cannot be present. If there is a common civil code, everybody would be referring to fewer books, cases, and precedents, and the judicial process will move faster, for everybody from every religion. That is what I think being secular is all about.


Common Civil Code, India, Judicial Process, Laws, Religion, Secular

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author avatar vandana7
Hi...I suddenly remember ABBA ..I am nothing special...hope you like what I write, and I like what you write.

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author avatar Carol Roach
1st Jul 2015 (#)

good article, thanks for enlightening us on Indian law

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author avatar Sivaramakrishnan A
1st Jul 2015 (#)

That should be the way, but "existing privileges" are touted by those who benefit when they play our system. All should be treated equally everywhere - siva

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