A D ISSE R T A T IO N O N

A C O N T E M PO R A R Y ST U D Y O N T H E U N IFO R M C IV IL C O D E

SU B M IT T E D T O

U T K A L U N IV E R SIT Y

(M A D H U S U D A N L A W C O L L E G E )

SU B M IT T E D B Y -

D E E PIK A G A R D IA

C L A S S R O L L N O .- 2 0 /2 0 1 9

E X A M R O L L N O .- 9 0 2 0 6 C T 1 9 0 1 8

U N D E R T H E G U ID A N C E O F

M S. D E B A B A L A N A Y A K

FA C U L T Y A T M A D H U SU D A N L A W U N IV R SIT Y

U T K A L U N IV E R SIT Y

O D ISH A

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 DE C L A R A T ION

I, D eepika G ardia hereby declare that I have done this declaration report on “C ontemporary S tudy
on U niform C ivil C ode” as an academic curriculum in partial engulfment of integrated
B .A .L L .B (H O N S ),under the guidance of M s. D ebabala N ay ak. T he report submitted here with to
the institute is product of my own, not plagiarized and not submitted anywhere else before.

DATE: S IG N A T U R E

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 C E R T IF IC A T E

T his is to certify that the research work titled is the work done by D E E PI K A G A R D IA , a student
of U tkal U niversity, B hubaneswar, under my guidance “A C O N T E M PO R A R Y S T U D Y O N T H E
U N IF O R M C IV I L C O D E ” and supervision for the partial fulfilment of the requirement for the
D egree of B .A .L .L .B (H ) at U tkal U niversity, B hubaneswar, O disha. A ccording to the best of my
knowledge, the present dissertation is result of his research and hard work. H e has fulfilled all the
necessary requirements prescribed under the U niv ersity G uideline with regard to the submission
of this dissertation.

MS D E B A B A L A NA Y A K

U T K A L U N I V E R S IT Y

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 AC K NOW L E DG ME NT

I would like to ex press my sincere gratitude to all my teachers for providing their valuable
guidance, comments and suggestions throughout the course of project. I would specially thank M s.
D ebabala N ayak to allow me to research on such an interesting topic as a full-fledged project and
guiding me at each step. Interacting with her gave me a completely different view to look at the
subject throughout its completion. I am also thankful to the faculty of my institute, who helped me
in gathering all the information related to this project in a very cooperative manner. T his project
would not have been a success without the collective effort of the faculty members in guiding me
through the project. T he project would not have been possible without the help of my classmates
and seniors who hav e been patient and kind enough with me.

L astly, I am grateful to all respondent who helped me by providing all information and giving their
valuable time.

D E E PI K A G A R D IA

U T K A L U N IV E R S I T Y

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 L IST O F A BBR E V IA T IO NS

1. A IR - A ll India R eport
2. IL R - I ndian L aw R eports
3. S C C - S upreme C ourt C ases
4. U C C - U niform C ivil C ode
5. S C - S upreme C ourt
6. IPC - Indian Penal C ode
7. v.- V ersus
8. V ol.- V olume
9. C r.L J - C riminal L aw J ournal

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 L IST OF C A SE S

 T M A Pai F oundation case,(2002)8 S C C 481

 A .S . N aray ana D eekshitulu v. S tate of A ndhra Pradesh, A IR 1996S C 1765
 S .R . B ommai v. U nion of India, A IR (1993)3S C C (1)
 M ohd. A hmed K han v. S hah B ano B egum(1985A IR 945)
 M s. J ordan D eigndah v. S .S . C hopra1985 A IR 935
 M rs. Z ohra K hatoon v. M ohd. Ibrahim,1981A IR 1243
 S arla M udgal v. U nion of India, A IR 1995 S C 1531
 J ohn V allamatton v. U nion of India, W rit Petition(civil)242of 1997
 S hayara B ano v. U nion of India,[(2017) 9 S C C 1]
 J oseph S hine v. U nion of India,2018 S C 1676

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 C ONTENTS

S l.
N o.

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 A BST R A C T

India is a secular state and nation, which means that it does not follow any religion for the
country. T his paper mainly talks about the concept of uniform civil code and its legal
perspective. It commences with the introduction to the U niform C ivil C ode in which it defines
the concept of the U niform C ivil C ode and also discusses about its origin. I t refers to the
common set of secular civil laws which will govern all citizens of India with np consideration of
their religion, caste, language or T ribe. India has a common code of laws related to contract,
transfer of property, penal laws and other civil laws which are independent of religion. It further
discusses the need or desire for the U C C under this part itself, that whether the U niform C ivil
C ode should be implemented or not and what are the pros and cons of the same. A s we further
proceed towards the approach of the research paper, this paper discusses about the relationship of
the U niform C ivil C ode with the S ecularism and discusses how the implementation of the
U niform C ivil C ode may lead to the disintegration of the nation and how this will lead to the
breakdown of the peace and harmony among the people.
T hen it further discusses about the U niform C ivil C ode and the constitutional guarantees.
T his paper also talks about the judgements and the take of the I ndian J udiciary towards the
U niform C ivil C ode. L ast but not the least, this paper concludes with certain sets of
recommendation and conclusions.

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 INT R ODUC T IO N

“R eject wealth/money and also desires which are contrary to D harma. R eject also such rules of
D harma, obedience to which leads to unhappiness to some or bring about public resentment”.

-M anusmruti

"W e have just enough religion to make us hate, but not enough to make us
love one another." -J onathan S wift

India is a country with a variety of cultures, a multitude of languages, sev eral of ethnic groups, a
many great religious, sects, sub-sects, communities etc. A ll of them have their own unique
identity. A ll these characteristics make India incredible in many ways. T hroughout its history,
India has observ ed the principle of equality of all religions and followers. E ven when hereditary
rulers belonged to a dynasty professing a particular religion- H indu, B uddhists, M uslim or S ikhs
they did not impose their religion on others and allowed the followers to freely profess and
practice their own respective faiths. T hroughout its history, India has observed the principle of
equality of all religions and of their followers. E v en when hereditary rulers belonged to a dynasty
professing a particular religion – H indu, M uslim, B uddhist or S ikh – they did not impose their
religion on others and allowed the followers of all religions to freely profess and practice their
own respective faiths.

India is a secular state and N ation which means that it does not follow any one religion for the
country. It means that the state will not be dependent on any kind of religious institutions for
taking decisions for the state, it will not interfere with the efficacy of the state. India is the world
largest democracy and most populous country of the world. India is diverse country with so
many linguistic, cultural and religious identities. It is enshrined in our C onstitution and was
included in the preamble after the 42nd A mendment in1976
T he term “secular” means that the S tate will not follow any particular religion and neither
will the people be discriminated because of the religion that they follow. T his means that the
people will be given the freedom to follow any religion. T his is also enshrined in our

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C onstitution as a fundamental right under A rticle 25 and 26. In India, this term is ex tremely
important because it is significant to note that the partition of India and Pak istan itself happened
because of religion. R eligion has forev er been used as a weapon by the political institutions and
has been a source of conflict since ages. T he conflict in Israel is also because of religion.
In I ndia, different personal laws govern different religion. F or ex ample, the H indus, S ikhs, J ains
and B uddhists are governed by the H indu M arriage A ct of 1956 in cases relating to marriage,
divorce, maintenance, etc. T he C hristians are gov erned by the laws relating to C hristianity and
M uslims by the Islamic L aw. T hese are three broad sects of personal laws in India - H indu L aw,
C hristian L aws and Islamic L aw.
N ow the problem ex ists in the fact that there are differences and discrepancies within the
personal laws. T here is no uniformity. A lso, there has been instances where the personal laws
denied the rights of women or did not even give them rights. T o counter these shortcomings, the
U niform C ivil C ode can be enacted. T he U niform C ivil C ode means a uniform personal law for
all citizens of the country . T his code will replace the ex isting religious personal laws in India and
have a uniform law that will cater to all the citizens, irrespective of their religion. T his has been
envisaged by the mak ers of our C onstitution under A rticle 44. B ut it has been strongly opposed
because it is considered v iolative of A rticle 25 of the C onstitution.

T he objective of a U C C is to eliminate discriminatory practices and ensures equal rights and

opportunities for all individuals, irrespective of their religious or cultural affiliations. It aims to
promote social justice, gender, equality and harmonius coex istence by providing a common legal
framework that treats all citizens on an equal footing.

A rticle 44 of the constitution of India states that “T he S tate shall endeavor to secure for the citizens
a U niform C ivil C ode throughout the territory of India”. T he motive behind A rticle 44 is to
promote national integration, social justice, and gender equality by establishing a common set of
laws governing personal matters for all citizens of India, regardless of their religious or cultural
background. T he implementation of a U niform C ivil C ode is seen as step towards achieving a
more inclusive and cohesive society, where personal laws are not a source of division or inequality.
It is intended to promote a sense of unity among the diverse communities in India and ensure that
all citizens have equal access to justice and legal protections.

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In T M A P ai F oundation case1, the A pex C ourt vehemently opined that, a citizen of India stands
in a similar position. T he C onstitution recognizes the differences among the people of India, but it
gives equal importance to each of them, in their differences notwithstanding, for only then can
there be a unified secular secular nation. R ecognizing the need for the preservation and retention
of different pieces that go into the making of a whole nation, the C onstitution, while maintaining
inter alia, the basic principle of equality, contains adequate provisions that ensure the preserv ations
of these different pieces.

In A .S . N ar ayana D eek shitulu v. S tate of A ndhr a P r adesh, 2 the A pex court of India observed
that, in the mindset of unity in diversity among the Indians having different religions and cultural
hues, for their assimilation as integrated citizens, all endowed with human rights, dignity of person,
equality of status, liberty of faith and worship with fraternity, the religious spirituality fosters them
as a strong unifying social entity.

In India, in reference of personal laws, citizens are treated unequally, because they belong to a
particular religion or they belong to a different religion. C ivil issues like marriage, divorce,
succession, inheritance, adoption, will etc. are determined as per the provisions of personal law of
the religion to which particular person or citizen belongs. R emedy differs if the asking person
professes different religion. S uch kind of situation is not only illogical but also contrary to the
concept of “H uman R ights”, which are promulgated by different international instruments and are
also incorporated under various provisions of different statutes and specifically under the
constitution of India. In the name of religion, several ill and ill-logical but legal practices are going
on in the society. It has not only caused inequalities and indifferences , because of the system is
such, that in each particular religion, different sects and sub-sects, too have different rules for them.
T hey all are carried out in the name of religions, customs and usages.

1(2002)8SCC481
2AIR1996SC1765

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N eed for U nifor m C ivil C ode:

 E quality and J ustice

T o promote justice and equality for all people is one of the main goals of a uniform C ivil C ode.
Individuals who belong to the particular religious communities may be denied their fundamentals
rights as a result of personal laws that differ based on religious connections. E qual treatment
under the law is guaranteed by U niform C ivil C ode, regardless of one’ s gender, religion, or other
identification characteristics.

 N ational I ntegr ation and S ecular ism

A U niform set of rules that are neutral towards religion and are applied to all citizens
strengthens the idea of secularism. A s people from all origins share the same legal system, this
promote national cohesion and a sense of belonging, promoting the unity of the country.

 W om en E m power m ent

In many nations, inheritance, divorce and support rules frequently disfavor women. A uniform
civil code can result in laws that are gender-neutral, guaranteeing that women have equal rights
and opportunities, boosting their empowerment and advancing gender justice.

 U nifor m ity and S im plicity

M ultiple personal laws coex isting and difficult for both persons and the legal system. A dopting a
single civil code increases consistency in decision-making, lowers litigation, simplifies legal
procedures.

 S ocial A dvancem ent

H istorical based personal laws might not reflect current society norms and v alues. A uniform
civil code enables modifications and gradual improvements to address modern demands,
ensuring that the legal sy stem system is current and pertinent.

S o, in this contex t the importance of U niform C ivil C ode can be visualized. T he makers of the
Indian C onstitution were convinced that the certain amount of modernization is required before
uniform civil code is imposed upon the citizens

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 R E V IE W O F L IT E R A T UR E

•A nish M eduri et.al (2021),India is a land of many faiths, each with its own set of personal laws
that govern how they are practiced. S ince each faith and its relevant laws have its own set of
limitations, the question of whether a U niform C ivil C ode can be implemented in India while
still respecting the interest of each faith has arisen a lot. In this paper, a functionalist perspective
is taken and the inheritance laws of H induism, islam, C hristianity, the goa civil code, and other
important legislation are discussed. A s a result, various considerations and suggestions are made
for its effective implementation, including how a model of ucc should be used for effective
governance. In these proposals, scholars needs are taken into account, which provide a roadmap
for the future.

•V anshika K asturi (2020) code of civil procedure in layman’ s terms “civil code” is the complete
set of laws governing human rights and other personal affairs, such as marriage, divorce,
adoption and inheritance in addition to “one nation, one rule”. A lthough the precise contours of
the proposed “civil code” have yet to be decided, it should presumably include the most modern
and progressive aspects of all ex isting personal laws which discarding those that are outdated and
archaic. R egardless of their religious or ethnic origin, all citizens of India will be subjected to
one set of secular laws dealing with these aspects regardless of their religious and ethnic origin.

•B . Pratap N aik (2019), the present emergence of the uniform civil code problem in India’ s
political discourse is mainly due to muslim women who have been negatively affected by
personal laws petitioning the supreme court to protect their constitutionally guaranteed rights to
equality and liberty. T he union law ministry has recently appointed the law commission to look
at the country’ s implementation of the unified civil code.

•A anshi G urjar(2018), A rticle 44 of India’ s constitution “T he state should strive to ensure that
the citizens of india hav e a uniform civil code,” the state writes. T he U C C was introduced in this
manner. D espite the fact that it is ex plicitly stated and allowed in India’ s constitution, the
question is now is whether or not ucc will be implemented. T he inability to find solutions to
these major problems in a significant issue in its ex ecution. Indian women have had a greater say
in society and a higher social status for as long as the indian civil code has ex isted. It asserts that
a single civil code is vital to our country’ s prosperity.

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 R E SE A R C H QUE ST IO NS

1. W hether the U niform C ivil code should be blend of personal law or be a new law?

2. H ow does the lack of a U niform C ivil C ode affect gender equality and women’ s right in India?

3. W hat are the constitutional and legal implications of implementing a uniform civil code in
India?

R E SE A R C H OBJ E C T IV E

•T his research paper shall try to analyze to comprehend the practical issues surrounding the
application of a U niform C ivil C ode.

•T o determine whether A rticle 25 of the Indian C onstitution is violated by U niform C ivil C ode.

R E SE A R C H ME T H ODOL OG Y

T he researcher will be using D octrinal M ethod of research and will be using both primary and
secondary sources.

T he primary sources which include materials will be collected from books, scholarly articles,
legislative enactments, statutes, reports by the committee on legal affairs, the law committee
report, judgments, and debates and discussions on this topic. T he secondary sources will be blogs,
newspaper articles, web sources and other sources.

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 H IST O R IC A L BA C K G R O UND

 P R E – I N D E P E N D E N C E (C O L O N I A L E R A ) :
T he L ex L oci R eport of O ctober 1840- T he need and demand for uniformity within the
codification of I ndian law with respect to crimes, evidence, and contracts was underlined.
It was moreov er ex pressed that such codification should not apply to the personal laws of
M uslim and H indus. N o interfering with religious matters was guaranteed even in the
queen’ s proclamation from 1859. B ecause of this, while criminal laws were codified and
standardized over the nation, personal laws are still controlled by special rules that are
significant to particular localities.
 PO ST – I ND E PE ND E NC E E R A :
A fter India became independent U niform C ivil C ode was highly debated issue in the
parliament of I ndia in the year 1948. O n one side great personalities like D r. B .R .
A mbedkar, supported by other eminent nationalists like G opal S wamy Iyengar,
A nantasayam Iy engar, K M M unshiji and others were in favour of the U niform C ivil C ode
whereas it was strongly opposed by M uslim fundamentalists like Poker S ahib and people
from other religions. T he argument on U C C was heated when constituent assembly raised
the idea of U C C in 1947 and was incorporated in the one of the directive principle of state
policy by the sub – committee on F undamental R ights and C lause 39 of the directive
principle of state policy provided that the S tate shall endeavor to secure for the citizen a
U niform C ivil C ode. T he feud was that the different personal laws of the communities
based on religion, kept I ndia back from adv ancing to N ationhood and the U C C should be
guaranteed to Indian people.

T he chairman of the drafting committee of the constitution, D r. B .R . A mbedkar, said that,

“W e have in this country uniform code of laws covering almost ev ery aspect of human
relationship. W e have a uniform and complete criminal code operating throughout the
country which is contained in the Indian Penal C ode and the C riminal Procedure C ode. T he
only province the civil law has not been able to invade so far as the marriage and
succession, and it is the intention of those who desire to have A rticle 35 as a part of the
constitution so as to bring about the change”. E arlier during the rule of congress party, it

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 had assured M uslims to practice their personal laws and thus the architects of the
C onstitution, compromised by including the enactment of a U niform C ivil C ode under the
D irective principle of state policy in A rticle 44 of the constitution, i.e. it will be binding on
the state to adopt the U niform C ivil code system rather it will only act as persuasive legal
provision. N ehru said in 1954 in the parliament, “I do not think at the present time the time
is ripe for me to try to push it through”. S ince the U C C was politically sensitive issue, the
founding fathers of the constitution arrived at an honorable compromise by placing it under
A rticle 44 as a directive principle of the S tate.

In the year 1955 Prime M inister J awaharlal N ehru thought of codifying personal laws but
it was obstructed by the orthodox elements, as it promoted monogamy, divorce and equal
division of property between son, daughter and widow, adoption, maintenance to wife etc.
B ut later N ehru was convinced and brought in the H indu C ode bill in the same year. T he
major criticism to the code were that it did not touch upon the muslim community and it
was here that N ehru’ s idea of secularism suffered certain ex tent of lacuna. T herefore, a
lesser version H indu C ode was passed after a long opposition in the parliament between
1955-56 sessions. T he B J P was the first party to promise the U C C if elected into power.

Presently G oa is the only state, which has the U C C . G oa’ s uniform civil code happily co-
ex ists with a variety of personal codes available to followers of particular faiths, G oa’ s
uniform civil code happily co-ex ists with a variety of personal codes av ailable to followers
of particular faiths. G oa is the only state to have implemented the directive principle on the
U niform C ivil C ode and converted into a law called the G oa C ivil C ode or the G oa F amily
L aw. It is the set of civil laws that governs all the residents of G oa irrespective of the
religion or the ethnicity to which they belong. B ut it makes available on option and
underlines the point that a uniform civil code and personal laws do not represent an
either/or choice and that the one does not mandate the obliteration of the other.

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 UNIF O R M C IV IL C O D E A ND PE R SO NA L L A W S

T he U niform C ivil C ode in India is a proposed legislative system that aims to combine individual
laws based on religious customs and traditions with a single set of civil laws that would be
applicable to all the citizens of the country, regardless of their religion or ethnicity. T he U niform
C ivil C ode aims to provide single set of rules for all the citizens on topics such as marriage,
divorce, inheritance and adoption, thus promoting equality and avoiding discriminatory practices
based on religious or customary rules. T he idea of a U niform C ivil C ode is rooted in the values of
secularism, equality before the law, and gender equality. It envision a democratic system that treats
all people equally, regardless of their religious or cultural background.Personal laws in India are
based on a person’ s faith, with separate statutes for hindus, muslims, C hristians, and other religious
groups as of now. F or many years, the adoption of a U niform C ivil C ode in India has been the
subject of debate and discussions. S upporters argue that by eliminating discriminatory activities,
it would promote gender equality and social justice, while critics raise questions about religious
and cultural sensibilities. T he issue is still a complex and politically sensitive one in India, and any
significant reforms to personal laws will require thorough consideration and consensus building.

In the most personal areas, the women are regarded as inferior to men, particularly when it
comes to the subject of matrimony, succession, adoption or even the inheritance. T he hindu
women did not have equal rights with the hindu men in the years 1955 and 1966, irrespective of
whether it was anything. Polygamy was widespread among H indus before 1955. E x cept in the
case of stridhan, hindu women could not hold any property as its sole proprietor. S he had only a
small estate that was passed onto the legal last full heirs of the male owner, who she called
revisionary after her death. S he had a small interest in it on her own if the property was sold or
mortgaged. W hen it came to adoption, a hindu woman did not have the right to adopt a child on
her own. D uring her H usband’ s life, she could not be the natural guardian of her children. T hese
ex amples are only illustrative of the Indian S ociety’ s patriarchial nature. D espite the fact that the
hindu law has been codified, certain discriminatory provisions still ex ists today. In hindu
coparceners, for ex ample, a hindu woman is not a coparcener ex cept in a handful of states like
A ndhra Pradesh, M aharasthra, K arnataka and tamil nadu. S he therefore is not entitled to the
coparcenary share. It is thus the oblivion to the fact that the codification of personal hindu laws
has failed to completely eliminate gender disparities. W hen it comes to discussing the M uslim

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law, the women had a secondary status in the pre-islamic A rabia, since then it has been a
patriarchy. S ince then the women were viewed as secondary to men. W hen it comes to the
degradation of the muslim women and their difficulties, islam has played a vital role. T he holy
quran guarantees equal rights to men and women and it places women in a privileged position.

H owever, there are certain aspects of islam that make position of muslim women, particularly the
wives, insecure and inferior. In islam, a man is allowed to marry four times, but women are
forbidden, and if they do so, they are treated as unclean and impure. W omen are not ev en
allowed to divorce their husbands, when the method of divorcing the wife by pronouncing triple
talaq is particularly discriminatory. T his is inspite of holy quran’ s message. T his declaration was
recently declared null and barred in A llahabad H igh C ourt. E ven in the case of succession, a
muslim woman is discriminated against the assertion by some muslim scholars that the Islamic
faith in this regard is more progressive and liberal. A ccording to the law, a muslim male receives
a twice the amount of the deceased’ s property when two scholars or residuary of opposite sex but
the same degree inherit the same property. E ven in the terms of care, the muslim wife is not
required to be look ed after the iddat period. T he criminal procedure code, which places an
obligation on husband to protect his wife, especially the divorced wife, until she maintains
herself, is a secular law that is applicable to all, however there is a sk epticism about muslim men
following this provision In the famous case of M ohd. A hmed K han v. S hah B ano B egum, the
supreme court heard from Y .V . C handrachud , the then chief justice ruled that section 125 of the
criminal procedure code is applicable to muslims and that even a muslims and that even a
muslim husband is obligated to maintain his divorced wife beyond the iddat period. T he
controversy began and the parliament had passed the M uslim W omen (Protection of R ights on
D ivorce)A ct, 1986 to overrule the judgement in the S hah B ano C ase. T he effect of this act is that
a muslim husband is not liable to maintain his divorced wife beyond the iddat period unless both
the spouses submit to the court at the appropriate time that that they would like to be governed
by the criminal procedure code. T his is like having the provision but not using it for the sake of
protection of the personal law space and not giving enough justice to the woman who is suffering
so much.

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 UNIF O R M C IV IL C O DE A ND C O NST IT UT IO N

T he Indian C onstitution’ s preamble declares declares itself a secular democratic republic.

T here is no S tate R eligion, or any particular faith and will not discriminate on the basis of
religion. A s enforceable fundamental rights, A rticle 25 and 26 of the constitution
guarantees freedom of religion and the ability to control religious affairs. A t the same time,
A rticle 44 , which is not enforceable in the court of law, states shall strive to establish a
common civil code is the uniform method or the uniform law governs the individual as a
single statute that does not discriminate on the basis of any faith .

T he key problem lies in the fact that if the creators of the constitution intended for a uniform
civil code to be implemented in india, they should not have included it in A rticle 44 of the
constitution as the part of the D irective Principle of S tate Policy.T he part 4 contains the
directive principle of state policy. A s the name suggests 36-51 are just directions to the
state. T hey must not be followed strictly and are therefore ineffective. T hey are just positive
obligations on the state that will result in efficient governance. India is a secular,
democratic and S ocial republic according to the preamble of the Indian C onstitution. T here
is no national religion. O n the basis of religion a secular state shall not discriminate against
anyone. A religion is the only concerned with the relationship between man and G od.
R eligion should not be interfered with everyday life of an individual. T he process of
secularisation is closely linked to goal of a uniform civil code that acts as a cause and effect.
In the case of S .R . B om m ai v. U nion of I ndia 3, as per the J ustice J eevan R eddy, it was
held that religion is the matter of individual faith and cannot be mix ed with secular
activities and can be regulated by the state by enacting a law. In India, there ex ists a
concepts of positive secularism as distinguished from the doctrine of secularism accepted
by the U nited S tates and the E uropean states i.e. there is awall of separation between the
religion and the state.

3AIR(1993)3SCC(1)

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U niform C ivil code means a set of common civil laws or personal laws for every citizen of India
irrespective of any religion. Personal laws include marriage, adoption ,divorce, succession and
maintenance. T he word secular was placed in the preamble by 42 nd C onstitutional A mendment
A ct. S ecular means that no state can discriminate against to freedom of religion anf freedom to
manage religious affairs. T hey come under fundamental rights. T he people who are against the
implementation of U C C believes that U C C violates article 25 of I ndian C onstitution. U C C will
be a new law instead of mix ed personal laws so that the chances of giving privilege to specific
one does not increase and one of the main reason of U C C is to prevent biases. It would not ask a
muslim to perform hindu rituals and vice versa instead it shall regulate marriage, adoption and
succession without any gender discrimination.
A s a new principle evolv es and comes into the knowledge of the people several questions arise
and criticisms pave their way. In unification of the personal laws, an important question that
arose was what will be the ingredients of the U niform civil code. S ince, the personal laws of
each religion contain separate provisions, their unification will bring not only resentment, but
also enmity in the public towards one another, therefore the U niform C ivil C ode will need to
bring in such laws that strike a balance between the protection of the fundamental rights and the
religious principles of the different communities that ex ist in the country. I ssues such as
marriage, divorce, maintenance etc. can be matters of secular nature and law can regulate them.

UC C IN G O A
G oa is the only state in I ndia that has uniform civ il code regardless of religion, gender,
caste. G oa has a common family law. T hus G oa is the only Indian state that has a uniform civil
code. In G oa H indu, M uslim, C hristians all are bound with the same law related to marriage,
divorce, succession. W hen the G oa became the part of union territory in 1961 by the virtue of the
G oa D aman and D iu administration act 1962 the parliament authorized the Portuguese civil code
of 1867 to G oa and shall be amended and repealed by the competent legislature.

T he G oa is the only state in India where U niform C ivil C ode ex ists for all the communities
irrespective of gender, religion and caste. T his code was framed in 19 th and20th century by

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portugese colonist.T he S tate has a common family law. A ll the people whether belong to H indu,
M uslim, C hristians follow same rule related to to divorce, marriage and succession. N o doubt
why G oa is on its way to become a highly dev eloped and progressive state. In G oa there is equal
distribution of property between husband and wife and also between children irrespective of
gender. A ll the muslims who are married and registered it in G oa cannot ex ercise polygamy and
T riple T alaq. A fter D ivorce the property will be equally divided between between the spouse.
T he registration of marriage is compulsory in G oa. W hen G oa released from slavery,
government remov ed all the laws made by the colonial ex cept F amily law as all the communities
in G oa wanted it.

S pecial M ar r iage A ct, 1954

T his form of marriage act provides a civil marriage of two person of different sex
irrespective of their religion. T his law prevailed in Indian to have their marriage outside the
customs of their personal law. T his law is applied in all over the India ex cept J ammu and
K ashmir because they have given the special status under article 370. H is law is almost identical
to the H indu marriage act 1955 this law gives idea of how the law is secularized towards the
H indus. T he special marriage acts all M uslim community people to marry under it. U nder this
act polygamy was illegal and the system of succession would be governed by Indian succession.

T his act was enacted by the parliament of I ndia to provide a special form of marriage for the
India regardless of their religion. T he basic idea of this act was to make sure that the people can
have their marriage without following the customs and traditions of their personal laws. U nder
this act polygamy was unlawful. T he divorce and succession would be gov erned by Indian
S uccession A ct. In G oa there are definite provisions for divorce.

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 IM PL E M E NT A T IO N O F UNIF O R M C IV IL C O D E

T he Implementation of a U niform C ivil C ode in India has been a topic of debate and discussion
for many years. S upporters argue that it would promote gender equality and social justice by
eliminating discriminatory practices, while critics raise concerns about religious and cultural
sensitivities. T he issue remains a complex and politically sensitive one in I ndia, and any
significant changes to personal laws would require thorough consideration and consensus
building. T he major challenge is that secularism and freedom gets into conflict with the right to
equality. A rticle 25[6] lays down an individual’ s fundamental right to religion and A rticle 29
lays down the right to conserve distinctive culture. T hese rights gets into conflicts with the
quality before law enshrined under A rticle 14 and 15. T he minorities oppose the implementation
of this article by taking the defence of A rticle 25. A nd individuals freedom of religion under
A rticle 25 is subject to public order, health and morality.
H owever, A rticle 25 ex cludes secular activity from the purview, S ecular activity are to be dealt
with state and not religion. W hether U C C is a part of directive principle of state policy through
these principles are to implement the positive impact upon the society and the various provisions
of part4 has been recognised and protected under the umbrella of part 3 rd of the constitution,
A rticle 44 of the constitution of India along with 14, 15(3), 21 and 51-A is aimed to solve the
problems of the diversity of usages, customs in different parts of India and gender.
C hallenges in I m plem enting U nifor m C ivil C ode:

C ultur al and R eligious S ensitivities:

O ne of the most significant challenges in implementing a U niform C ivil C ode is navigating the
cultural and religious sensitivities of various communities. S ome groups may perceive such a
move as a threat to their cultural identity and may resist the change.

L egal C om plex ity:

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H armonizing personal laws that have deep-rooted historical and religious significance can be
legally complex and time-consuming. S triking a balance between individual rights and
community beliefs requires careful consideration and consultation.

P olitical O pposition:

In countries with diverse religious and cultural backgrounds, political opposition to a U niform
C ivil C ode may arise from parties seeking to protect their vote banks or maintain traditional
systems.

P ublic A war eness and A cceptance:

Public awareness and acceptance of the need for a U niform C ivil C ode are crucial for its
successful implementation. E ducating the citizens about the benefits and rationale behind such a
code is essential to gain support.

It was the intention of country’ s forefathers, embodied in A rticle 44 of the C onstitution, to create
a uniform civil code for all of the country’ s residents. “T he state must endeavour to achiev e for
the people a U niform C ivil C ode,” reads A rticle 44 of the constitution. A n effort to provide an
unified civil code is called for, but not mandated, by the clause, which is delicately phrased. It’ s
not time sensitive, and there’ s no compelling need to act on it right now. T he critics raise
concern here that this article cannot be interpreted in isolation from other constitutional
provisions that guarantees equality before the law or equal protection of law. D emocratic
processes are successful when group interests are aligned toward a shared goal.

A r gum ents in the favour of U C C

T he most common reason why people in india fav our the ucc is because they believe it will help
to modernise india and align it with other developed countries. T hey argue that the current
system of personal rules is outdated and discriminatory, and that the ucc will help to create a

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vibrant just and equitable society. T here are many reasons why people in india favour the unform
civil code, including:

G E N D E R P A R I T Y : It is well-known that india has always believ ed in a patriarchal

society, and that even the personal laws are discriminatory against women. M en have a
higher priority status under laws concerning succession, inheritance, and divorce. I f it
were left to the personal laws, the sati system and triple talaq cases would still oppress
women and nev er allow them to compete with men.

S O C I A L C O H E S I O N A N D U N I T Y : I ndia is known for its rich religious and cultural

diversity, which can sometimes lead to divisions and difficulties in maintaining social
cohesion. O ne of the contributing factors to these challenges is the ex istence of distinct
personal laws that vary across different communities. T hese divergent laws can create
differences and hinder the development of a unified identity among the citizens.
Introducing a U niform C ivil C ode (U C C ) can address this issue by establishing a
standardized set of laws that apply uniformly to all citizens, regardless of their religious
or cultural backgrounds. T he U C C aims to transcend religious boundaries and provide a
common legal framework for all individuals. T his can foster a sense of unity and
inclusivity by promoting equal treatment and opportunities for everyone. B y
implementing a U C C , there is potential for a shared understanding of legal rights and
responsibilities among citizens. It helps to create a common ground for legal discourse
and decision-making, enabling individuals from diverse communities to interact on equal
footing. T his shared perception of legal norms can contribute to the harmonious
coex istence of various religious and cultural groups, reducing conflicts arising from
disparate personal laws. U ltimately, the implementation of a U C C can contribute to a
greater sense of unity and belonging among the populace. It emphasizes the idea that
despite diverse backgrounds, everyone is subject to the same laws and entitled to the
same legal protections. T his fosters a more inclusive society and promotes the values of
equality and justice for all citizens.

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  N A T I O N A L I N T E G R A T I O N A N D S E C U L A R I S M : U nder a single national civil
code, individuals from all faiths are treated equally. It applies to everyone and includes
topics such as marriage, divorce, child support, adoption, and property succession. G iven
india's diverse range of faiths, customs, and practices, implementing a ucc would promote
greater integration within the region, surpassing previous levels achiev ed since
independence. A ucc promotes unity and commonality among the population by uniting
all indians, regardless of their caste, faith, or tribe, under a single national civil code of
conduct.
A r gum ents A gainst U nifor m C ivil C ode: India, which is eminent for its endless diversity of
cultures and religions, is domestic to distinctive beliefs, each of which has its own set of personal
laws that administer things like marriage, divorce, legacy and adoption. India’ s commitment to
maintaining and honouring its people’ s faith and social traditions is illustrated by the coex istence
of these numerous personal laws. T here has been numerous debated opposing the U C C one such
statement was passed by the A ll Indian M uslim Personal L aw B oard when it is said that “the
U C C is antithetical to the fundamental rights to practice religion as enshrined in the
constitution”. It also said that the “U C C is neither suitable nor useful for a vast multi-religious
country like India” in a resolution passed on the second and final day of its 27 th public session.

M ost common debates against ucc are as follows:-

 PE R C E PT IO N O F UC C A S E NC R O A C H ME NT O N R E L IG IO US F R E E DO M:
F ew individuals believe that the U C C would abuse the right to religious freedom revered
within the article 25 of the Indian C onstitution. People opposing U C C argues that such
unified set of civil laws would breach the right to profess, propagate and practice religion
in India.
 P R A C T I C A L C H A L L E N G E S O F I M P L E M E N T A T I O N : In regard to implement
such a code in it’ s true spirit, it is vital to unreserv edly borrow from different personal
laws, steadily each, issue judicial declarations ensuring gender parity, and adopt
ex pansive interpretations of marriage, maintenance, adoption, and succession while
taking under consideration the focal points one community gets from the others. It will
take a considerable amount of time and resources to complete the task. In accordance to
bring in a unified set of civil laws the government must continuously treat both majority
populace equally and sensitively. A s in any other case, it may lead to devastating
communal violence.

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  S O C I A L C O H E S I O N V . A S S I M I L A T I O N : S ome also believe that the need for social
cohesiveness and national integration of nations is what motivates the quest for a U C C .
H owever, the critics of U C C object that such integration should not come at the cost of
the minority population to lose their own culture and traditions. A ccording to critics,
U C C disregards the diversity that strengthens the fundamentals of the Indian society and
can result in forced assimilation and cultural uniformity.

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 J UDIC IA L A PPR O A C H T O W A R DS UNIF O R M C IV IL C O D E

In the area of different personal laws, a plethora of judgments are pronounced by the S upreme
C ourt of India and different H igh C ourts of various states, but similarity can be observ ed and
common ratio can be observed in very few verdicts only. In many of its judgments, judiciary of
this country has shown, its deep concern regarding U C C -A R T .44 of the constitution of India,
S ome of such landmark v erdicts are as under;
In the post -colonial India, the role of judiciary in the implementation of uniform C ivil C ode is
very appreciable. In fact it is the judiciary, which through its interpretations paved the way
towards U niform C ivil C ode.

F or the v ery first time in the case of M ohd. A hm ed K han v. S hah B ano B egum , pertaining to
the liability of a M uslim husband to maintain his divorced wife beyond iddat period, who is not
able to maintain herself, the supreme C ourt held that S ection 125 C rpc which imposes such
obligations on all husbands is secular in character and is applicable to all religions.

In M s. J or dan D eigndeh v. S .S . C hopr a 4, D C hinappa R eddy, J . speaking for the court referred
to the observations of C handrachud, C .J . in S hah B ano’ s case and observ ed as under:
“T he Present case is yet another ev ent which focuses on the immediate and compulsive need for
a uniform civil code. T he totally unsatisfactory state of affairs consequent on the lack of uniform
civil code is ex posed by the facts of the present case.

In the case of M r s. Z ohr a K hatoon v. M ohd. I br ahim 5, A substantial question of law was
raised and the H igh C ourt of A llahabad which cancelled the order of maintenance allowance
passed by the M agistrate on the grounds when the divorced proceedings start from the female
side under the dissolution of M uslim M arriage act 1939 , In those cases wife cannot claim
maintenance from her former husband neither under the M uslim law nor under S ec. 125 of C rpc.
U ltimately the S upreme C ourt overruled the decision of H igh C ourt on the ground that it is based
on the wrong interpretation of the clause1 (b) of the ex planation to S ection 125 under this clause

4(1985AIR945)
51985 AIR 1243

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the wife continues to be wife even though she has been divorced her husband or has otherwise
obtained divorce and has not remarried.

S imilarly in the case of S ar la M udgal v. U nion of I ndia 6, J . K uldip S ingh also put emphasis on
the need of the uniform C ivil C ode and judgment delivered by him is again a step towards
uniform civil code. In this case the S upreme C ourt held that the conversion of a H indu male to
Islam only for the purpose of contracting bigamous circumvents S ection 494 of Indian Penal
C ode. S uch marriages have been declared as bigamous and void by the court. T he C ourt after
referring to various precedents on the point, categorically held that till U niform C ivil C ode is
achieved for all the Indian C itizens, there would be an inducement to a H indu husband who
wants to enter into second marriage while the first marriage is subsisting to become a M uslim.
H ere the court was pointing out the injustice done to the first wife, legally wedded. T he judges of
various H igh C ourts and S upreme C ourt became the main instrument for bringing important
gradual legal developments which also put its impact on the question of uniform civil code.
In the case of J ohn V allam atton v. U nion of I ndia 7, the S upreme C ourt dealt with the issue of
divorce and annulment of marriage for C hristians. T he court held that the concept of dissolution
of marriage was different under different C hristian denominations and that there was a need for a
uniform law to govern C hristian personal matters. T his case underscored the necessity of a
U niform C ivil C ode to bring clarity and uniformity in matters of personal laws for C hristians in
India.

S hayar a B ano v. U nion of I ndia 8, T his case addressed the issue of triple talaq (talaq-e-bid’ ah)
among muslims where a husband could instantly divorce his wife by uttering the word “talaq”
thrice T he S upreme C ourt, in a historic verdict, declared the practice of instant triple talaq
unconstitutional and violative of women’ s rights. T he court cited that the practice was not an
essential part of islam and that it violated the principle of gender equality and justice. T he case

6AIR1995 SC 1531
7Writ petition (Civil)242 of 1997
8[(2017)9SCC1]

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highlighted the urgency for a U niform C ivil C ode that would harmonize personal laws and
protect the rights of muslim women, bringing them at par with women from other communities.

J oseph S hine v. U nion of I ndia 9 In this case, the S upreme C ourt struck down S ection 497 of the
Indian Penal C ode, W hich dealt with adultery. T he court found the provision discriminatory, as it
only punished the man involved in an ex tramarital affair with a married woman, while ex cluding
the woman from any punishment. T he court stressed the need for gender neutrality in the law and
emphasized that women should be treated as equal partners in marriage. T his case demonstrated
the importance of a U niform C ivil C ode that would ensure uniformity and gender equality in
matters of personal law, including adultery.

T he need for the U niform C ivil C ode stems from the aspiration for a just, egalitarian, and
inclusive society. W hile challenges ex ist, the benefits of implementing such a code, as
demonstrated by case laws. A U niform C ivil C ode can pave the way for social progress, gender
equality, and national integration, fostering a sense of unity and collective identity among
citizens. T o achieve this, a thoughtful and consultative approach, taking into account the diverse
perspectives of all stakeholders, is essential.

92018SC1676

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 C ONC L USION

India’ s adoption of the U niform C ivil C ode (U C C ) is seen as an imperative step towards
cultivating secularism and harmony in one’ s own private matters. A U C C that guarantees gender
parity is required since the present personal laws, which are established on religious beliefs, are
criticized by their alleged prejudice towards women. It is advised that a thorough analysis of
religious and personal laws be conducted including the most favourable elements from diverse
religions and lawful frameworks of different countries. “U niform C ivil C ode will help the case
of national integration by removing disparities loyalties to laws which have conflicting
ideologies. T he U niform C ivil C ode is not just a matter of gender justice, it is also a question of
how a nation accommodates its own diversity.In I ndia, freedom of religion ex ists with other
rights like equality and non discrimination. Instead of reaching in indiscriminately or leaving
cultures entirely to themselves, India's liberal multiculturalism strikes a balance. It has been more
ready to reform majority practices, while offering protections to vulnerable individuals within
minority groups.
A common civil code will have to be careful in its choices. T hen there remains the question of
whether it should be obligatory, erasing all personal law, or whether it should allow Indians the
option of choosing to live under their own religious umbrellas, if they prefer. E ither way, it is
time that we outline our ideals and disagreements, in the pursuit of a dream common civil code.
In the seven decades since the C onstitution was enacted, there has been no
sincere effort to ev en start such a dialogue. It is also clear that U niform C ivil C ode is not
violative of A rticle 25 and 26 of the C onstitution. It should rather be a new law and not the blend
of personal laws. T he problem in blending personal laws is that there is every chance for a bias
to arise. T he Parliament should introduce a new code similar to the S pecial M arriage A ct of 1954
which does not ex tend any favours or bias towards any religion. W hat the people must
understand is that religion and laws are two different concepts. T his is because the C onstitution
allows the people to follow their religion which will continue despite the enactment of a uniform
code. T he uniform code will nowhere curb their right to follow or profess their religion. F or
ex ample, the religious scriptures prescribe punishments for crimes but the Indian Penal C ode,
1860 is the only penal laws that are followed in I ndia. T hus, U C C is necessary as the personal
laws are inconsistent with laws

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 BIBL IO G R A PH Y

 https://www.legalservicesindia.com/

 J .N .Pandey C onstitutional L aw of India

C entral L aw A gency
 http://wwwsupremecourtcases.com
 https://blogpleaders.in
 H indu A doption and M aintenance A ct,1956
 M uslim Personal L aw
 C ode of C ivil Procedure,1908
 U niversal D eclaration of human rights,1948

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