New Delhi: Uniform Civil Code is a highly
"sensitive" issue in the country where people belonging to
different races, castes and communities reside, Chief Justice
of India K G Balakrishnan has said.
"The question of Uniform Civil Code is a very-very
sensitive issue. India is a country which has a multifarious
race, caste and community," the CJI expressed his views while
speaking at the M K Nambiar Memorial Lecture here.
Appreciating the utter care and sensitivities required
in countries like India when it comes to enacting and
implementing a legislation, he said that even Britishers took
thirty years to implement Indian Penal Code.
"It took almost thirty years for Britishers to
implement the Indian Penal Code after its codification in the
beginning of 1830," he said.
Former Attorney General Soli J Sorabjee said an
academic discussion on uniform civil code issue was always
welcome but the challenge must be met by the Legislature
adding that "there cannot be unilateral imposition of the
Uniform Civil Code".
Article 44 of the Indian Constitution says "The state
shall endeavour to secure for the citizens a uniform civil
code throughout the territory of India".
Shimon Shetreet, a faculty at Hebrew University in
Jerusalem applauded the efforts of Indian judiciary in
resolving disputes pertaining to personal laws but cautioned
that it was the realm of legislature and it should come
forward to assume the responsibility.
"Legislative process is more amenable to dialogue to
solve the issue," he said.
Hiram Hodosh, Dean of law, University of Utah,
however, proposed for mediation of uniform civil code saying
that we must look for more creative options rather than
replicating the existing one for countries like India.
Bureau Report
