in december 1946, constituent assembly convened devise constitution soon-to-be-independent india. there extensive debates on place of personal laws in new indian legal system. argued india s various personal laws divisive , uniform civil code should instituted in place. , once notion of uniform civil code put forward, became accepted important part of effort construct indian national identity, on separate identities of caste, religion , ethnicity. resistance code on grounds imposition destroy cultural identity of minorities, protection of crucial democracy. feminists argue uniform civil code debate balances on polarity of state , community, rendering gender-based axis upon turns, invisible.
a compromise reached in inclusion in first draft of article compelled state endeavour secure citizens uniform civil code throughout territory of india. clause, goal, not right, became article 44 in constitution. criticised proponents of uniform code because contained no mechanism , provided no timetable enforcement. however, prime minister jawaharlal nehru , others insisted on inclusion, arguing if symbolic, important step towards national unity. though nehru himself have favored uniform code, knew personal laws linked religious identity in india , therefore not abolished. recognizing wanted not political reality, settled unenforceable clause.
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