CIVIL LAW UNIFORMITY IN RELATIVE TO POSITIVE SECULARISM

Abstract

India is a secular country that does not declare any official or state religion, allowing all of its residents to practice, proclaim, and spread their chosen religion in peace. In India, the idea of positive secularism is practiced, according to which the state has an obligation to make sure that no religion is given preference and to prevent any infringement on the fundamentals of the Indian Constitution. In India, religious matters are governed by the relevant personal laws. These laws cover a variety of topics that are not only religious in nature but are also purely civil in nature, such as marriage, maintenance, succession, adoption, and so on. They are both codified and uncodified. Every person has an equal right under these civil rules, but injustice and inequity have been caused by the unchecked encroachment of civil laws into the private laws of many religions. As a result, consistency in civil laws is essential to guaranteeing justice for all members of society with regard to their civil rights. The idea of uniformity in civil laws came to the Indian Constitution's framers with the possibility of its implementation in the future. It has since been incorporated into the list of Directive Principles mentioned in the document as a directive to the state when creating national policies. To promote the idea of secularism in the nation and allow society to have equal rights under the civil laws without facing discrimination, uniformity in the laws is a basic necessity.