While India's criminal laws apply to all groups and religions, each religion's civil law is unique. As a result, there has long been a need in India for a common law for all.
However, some claim that because every religion has its own legal system, common civil law is not applicable to Christians, Muslims, Sikhs, Hindus, or any other group. Furthermore, India does not have a unified civil law that is followed, not even by Hindus.
It is permitted to have several portions for the indigenous community. In addition, different Hindu sects are granted different exemptions in different regions. Thus, in a heterogeneous population in India, a single civil law was viewed as unattainable.
In this environment, when the BJP came to power, the leaders of the party kept saying that the common civil law would be implemented soon in the context of one country, one language. Subsequently, for the first time in the country in BJP-ruled Uttarakhand, the General Civil Code was passed in the Legislative Assembly amid strong opposition.
Subsequently, in the notification regarding the restrictions mentioned in that Act, it has been said that it is prohibited to marry aunt-, uncle's son or daughter, which has caused a great controversy.While it is a tradition in South India to marry aunt-, uncle's son or daughters, various communities in northern states also follow this tradition.
The General Civil Code of Uttarakhand states that this has caused great shock among the South Indian community living there. Due to this, many people are saying that the General Civil Code is not applicable to India.
Some of the traditional practices of a tribal society cannot be changed by a single law. Scientific conclusion is that it is not healthy to marry in close blood relationship. It is widely discussed in the society. But not possible in practice.
In the same way, trying to root out the traditional customs of various communities through this Act by using the majority in the Assembly or the Parliament will be like taking a booty and rubbing it on the head.
Today in Uttarakhand, tomorrow in other states where there are BJP governments, the General Civil Code will come into force. Now they are watching the stream.
Within the nation, there are several castes. Can common civil law eliminate caste? It will never stop, that much is true. In a similar vein, many unavoidable elements have crept into society. State and federal governments ought to be aware of all of these.
What our nation has accomplished in bringing diversity and unity together. Social activists worry that what our nation has accomplished in bringing diversity and unity together shouldn't be compromised!