UNFORM CIVIL CODE

“Uniform Civil Code ”

Submitted by:

Rekha kumari, Roll.No.2249

B.B.A. L.L.B (Hons.)

Submitted to:

Dr. Pratyush Kaushik,

Assistant Professor of English

This assignment is submitted in the partial fulfilment in legal

language and communication skill for the completion of B.B.A.
L.L.B (Hons.) course.

September 2019

Chanakya National Law University, Patna

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TABLE OF CONTENT
DECLARATION BY THE CANDIDATE......................................................................3

ACKNOWLEDGEMENT.................................................................................................4

I. Introduction....................................................................................................................5

1. Aims and objectives..............................................................................................6

2. Research questions................................................................................................6
3. Hypothesis............................................................................................................6
4. Limitation and scope.............................................................................................6
5. Research methodology..........................................................................................6

II. History of Uniform Civil Code (UCC).........................................................................7

III.Secularism, Constitution and UCC...............................................................................8

IV.UCC and Role of Judiciary........................................................................................10

V. Current status of UCC in India: The view of Indian constitution...............................11

VI. Status and Role of UCC............................................................................................12

VII. Need of UCC in India............................................................................................. 14

VIII. Goa Civil Code.......................................................................................................16

IX. Functions of UCC......................................................................................................16

X. Uniformity and rights of women:A myth debunked...................................................18

XI. UCC: Pros and Cons..................................................................................................21

XII. Conclusion...............................................................................................................24

Bibliography.................................................................................................................27

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DECLARATION BY THE CANDIDATE

I, hereby, declare that the work reported in the B.B.A. L.L.B (Hons.) Project Report
entitled “UNIFORM CIVIL CODE” submitted at CHANAKYA NATIONAL LAW
UNIVERSITY, PATNA is an authentic record of my work carried out under the
supervision of Mr. Pratyush Kaushik. I have not submitted this work elsewhere for
any other degree or diploma. I am fully responsible for the contents of my Project
Report

(Signature of the Candidate)

Rekha kumari (2249)

B.B.A. L.L.B., 1sr year
SEMESTER -1st
CNLU, Patna

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ACKNOWLEDGEMENT
Writing a project is one of the most significant academic challenges i have ever faced.
Though this project has been presented by me but there are many people who remained
in veil, who gave all support and helped me to complete this project.

First of all I would like to show my gratitude towards my guide Mr. Pratyush Kaushik,
Assistant professor of legal English, under whose guidance, I structured my project.
I owe the present accomplishment of my project to our CNLU librarians, who helped
me immensely with materials throughout the project and without whom I couldn’t have
completed it in the present way.
I would also like to extend my gratitude to our friends and all those unseen hands that
helped me out at every stage of my project.
I thank all of them!

THANK YOU,
REKHA KUMARI

Roll No.- 2249

B.B.A. L.L.B. (Hons.)

1st Semester

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INTRODUCTION

Uniform civil code basically means one country one rule, legally the term civil code
means to cover the entire body of laws governing rights relating to property and
otherwise in personal matters like marriage, divorce, maintenance, adoption and
inheritance. Uniform civil code essentially means unifying all these “personal laws” to
have one set of secular laws dealing with these aspects that will apply to all citizens of
India irrespective of the community they belong to.1 Such laws address four
broad areas: Marriage, Divorce, and Maintenance & Succession. If implemented in true
spirit, then these three words are sufficient enough to divide the country politically,
religiously and socially. In India even after 69 years of independence people are still
being dominated by the personal laws of their respective communities. The framers of
the constitution with a view to achieve uniformity of law incorporated Article 44 that
runs as follows: “The State shall endeavor to secure for all citizens a uniform civil code
throughout the territory of India.”Uniform Civil Code is a term which has its roots from
the concept of Civil Law Code. The purpose concealed in the uniform civil code is to
eliminate the contradictions based on religious ideologies and promote the concept of
national integration. All communities in the country would then be judged on a similar
platform in civil matters and would not be governed by diverse personal laws.

Article 37 of the Constitution provides that directive principles of state policy (DPSP)
are not enforceable by the Court of Law. But it does not reduce the importance of the
directive principles. Just after Independence it was not feasible to impose a Uniform
Civil Code on the citizens as per the circumstances. So this was the reason that the code
has been covered under the directive principle of state policy. Also the preamble of
Indian constitution is the mirror of constitutional spirit. It emphasizes to constitute India
as a Sovereign, Secular, Democratic, Republic nation. It contains those elements which
are the soul of the Constitution. It ensures Justice, liberty, and equality to the citizens
and thereby promote solidarity while assuring dignity of the individual and unity
and integrity of the nation. 2

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https://lawtimesjournal.in/uniform-civil-code/
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Research Questions

1. What is the concept of Uniform Civil Code?

2. What is the History of Uniform Civil Code?
3. What is the role of judiciary in Uniform civil code?
4. What is the need for Uniform Civil Code in India?

Aims and Objective:

The main objective is to study about Uniform Civil Code and its need in India in detail.

Hypothesis:

UCC helps in integrating India more than it has ever been since independence. The
UCC is necessary because personal laws are inconsistent with our declaration “To
constitute India into Socialist, Secular, Democratic Republic” and it is almost
impossible to achieve the golden goals as set out in the preamble of the constitution
without the UCC.

Limitations & Scope

Since the researcher is 1st year student of 5 year course at CNLU,Patna, she can access
only a limited area. Apart from this, the research work is done in short span of time.
Consequently the research work gets limited to certain depth.

Research Methodology:-
The research work is centred on the literature available in the library and online sources.
Hence the method of research is purely doctrinal.

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HISTORY OF UNIFORM CIVIL CODE

After India became independent Uniform Civil Code was a highly debated issue in the
Parliament of India in the year 1948. On one side great personalities like Dr. B.R.
Ambedkar, supported by other eminent nationalists like Gopal Swamy Iyenger,
Anantasayam Iyengar, KM Munshiji and others were in favour of the Uniform Civil
Code whereas it was strongly opposed by Muslim fundamentalists like Poker Sahib and
people from other religions. The argument on UCC was heated when Constituent
Assembly raised the idea of Uniform Civil Code in 1947 and was incorporated as one of
the directive principles of the State policy by the sub-committee on Fundamental Rights
and Clause 39 of the draft directive principles of the state policy provided that the State
shall endeavor to secure for the citizen a Uniform Civil Code. The feud was that the
different personal laws of communities based on religion, kept India back from
advancing to nationhood and the Uniform Civil Code should be guaranteed to Indian
people. The Chairman of the drafting committee of the Constitution, Dr. B.R.
Ambedkar, said that, “We have in this country uniform code of laws covering
almost every aspect of human relationship. We have a uniform and complete criminal
code operating throughout the country which is contained in the Indian Penal Code and
the Criminal Procedure Code. The 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 Article 35 as a part of Constitution so as to bring about the change.”4
Earlier, during the rule of Congress party, it had assured Muslims to practice their
Islamic personal Laws and thus the architects of the Constitution, compromised by
including the enactment of a Uniform Civil Code under the Directive Principles of State
Policy in Article-44 of the Constitution, i.e. it will be bindingon the State to adopt the
Uniform Civil Code system rather it will only act as persuasive legal provision. Nehru
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 (Uniform Civil Code) through.”
Since the Uniform Civil Code was a politically sensitive issue, the founding fathers of
the Constitution arrived at an honourable compromise by placing it under Article 44 as
a directive principle of state.
In the year 1955 Prime Minister Jawaharlal Nehru thought of codifying personal laws
but it was obstructed by the orthodox elements, as it promoted monogamy, divorce and

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equal division of property between son, daughter and widow, adoption, maintenance to
wife etc. but later Nehru was convinced and brought in the Hindu Code Bill in the same
year. The major criticisms to the Code were that it did not touch upon the Muslim
community and it was here that Nehru’s idea of secularism suffered a certain extent of
lacuna. Therefore, a lesser version of Hindu Code was passed after a long opposition in
the parliament between 1955-56 sessions. The BJP was the first party to promise the
UCC if elected into power.
Presently Goa is the only state, which has the UCC. Goa’s uniform civil code happily
co- exists with a variety of personal codes available to followers of particular faiths.
Goa is the only state to have implemented the directive principle on the Uniform Civil
Code and converted it into a law called the Goa Civil Code or the Goa Family Law. It
is the set of civil laws that governs all the residents of Goa irrespective of the religion or
the ethnicity to which they belong. But it makes available an 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.3

SECULARISM, CONSTITUTION AND UNIFORM CIVIL

CODE
The spine of controversy revolving around UCC has been secularism and the freedom
of religion enumerated in the Constitution of India under Article 256 & 267. J. Reddy
stated that the religion is the matter of individual faith and cannot be mixed with secular
activities assecular activities can be regulated by the State. UCC is not opposed to
secularism or will not violate Article 25 and 26. Article 44 is based on the concept that
there is no necessary connection between religion and personal law in a civilized
society.
The conflict between secular and religious authorities over the issue of UCC
eventually decreased, until the Shah Bano case, where then the Chief Justice of India J.
Y.V. Chandrachud observed that ‘A common civil code will help the cause of national
integration by removing disparate loyalties to law which have conflicting ideologies’9
The preamble of the Constitution states that India is a "secular democratic republic". A

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secular State does not discriminate against anyone on the ground of religion, it is
only concerned with the relation between man and man and not with the relation of man
with God.
In India, positive secularism distinguishes spiritualism with individual faith.
Positive secularism is a common doctrine of secularism accepted by America and some
European states i.e. there is a wall of separation between religion and State. The reason
is that America and the European countries went through the stages of renaissance,
reformation and enlightenment and thus they can enact a law stating that State shall not
interfere with religion. Whereas, India has not experienced such stages and thus there is
interference of State in the matters of religion so as to remove the impediments in the
governance of the State.
The right to freedom of religion is guaranteed under Articles 25 and 26 of the Indian
Constitution. Article 25 provides every person the freedom of conscience and the right
to profess practice and propagate religion. It envisages power to the State to regulate or
restrict any economic, financial, political or other secular activity, which may be linked
with religious practice and also to provide for social welfare and reforms. The
protection of Articles 25 and 26 extends to acts done in pursuance of religion and,
therefore, contains a guarantee for ritual and observations, ceremonies and modes of
worship, which are the integral parts of religion. Uniform Civil Code is not against
secularism nor does it violate Article 25 and 26 of the Constitution. It is just that the
Article 44 is based on the concept that there is no obvious link between religion and
personal law in a civilized society. Marriage, succession etc. are matters of a secular
nature and, therefore they cannot be chained down by the laws. No religion permits
deliberate distortion. Implementation of Uniform Civil Codewill not and shall not result
in interference of one’s religious beliefs relating, mainly to maintenance, succession and
inheritance. The debate for the UCC, with its diverse implications and concerning
secularism in the country, leads to one of the most controversial issues in 21st century. 4

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UNIFORM CIVIL CODE AND ROLE OF JUDICIARY

In the post-colonial India, the role of Judiciary in the implementation of uniform civil
code is very appreciable. In fact it is the judiciary, which through its interpretations
paved the way towards uniform civil code.
For the very first time in the case of Mohd Ahmed Khan vs. Shah Bano Begum
pertaining to the liability of a Muslim husband to maintain his divorced wife beyond
iddat period, who is not able to maintain herself, the Supreme Court held that Section
125 Cr. P. C which imposes such obligation on all the husbands is secular in character
and is applicable to all religions.
In Ms. Jordan Deigndeh vs. S.S. Chopra, D Chinappa Reddy, J. speaking for the
court referred to the observations of Chandrachud, C.J. in Shah Bano’s case and
observed as under:
“The present case is yet another event which focuses on the immediate and compulsive
need for a uniform civil code. The totally unsatisfactory state of affairs consequent on
the lack of uniform civil code is exposed by the facts of the present case.
In the case of Mrs. Zohra Khatoon v. Mohd. Ibrahim, A substantial question of law
was raised and the High Court of Allahabad which cancelled the orders of the
maintenance allowance passed by the Magistrate on the grounds the when the divorced
proceedings start from the female side under the dissolution of Muslim Marriage Act
1939, in those cases wife cannot claim maintenance from her former husband neither
under the Muslim law nor under Sec. 125 of Cr.P.C. Ultimately the Supreme Court
overruled the decision of the High court on the ground that it is based on the wrong
interpretation of the Clause1(b) of the explanation to section 125 under this clause the
wife continues to be wife even though she has been divorced her husband or has
otherwise obtained divorce and has not remarried.Similarly in the case of Sarla Mudgil
v. Union of India, J. Kuldip Singh also put emphasis on the need of uniform civil code
and judgment delivered by him is again a step towards uniform civil code. In this case
the Supreme Court held that conversion of a Hindu male to Islam only for the purpose
Of contracting bigamous circumvents Section 494 of Indian Penal Code. Such
marriages have been declared as bigamous and void by the court. The court
after referring to various precedents on the point, categorically held that till uniform
civil code is achieved for all the Indian Citizens, there would be an inducement to a

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Hindu husband who wants to enter in to second marriage while the first marriage is
subsisting to become a Muslim. Here the Court was pointing out the injustice done to
the first wife, legally wedded.
The Judges of various High Courts and Supreme Court became the main instrument for
bringing important gradual legal developments which also put its impact on the question
of uniform civil code. 5

Current Status of Uniform Civil Code in India: The view of

the Indian Constitution

The term Uniform Civil Code infers the same set of common laws to oversee all people
groups independent of their religion, caste, and tribe. The arenas secured under it are the
laws identified with marriage, divorce, adoption, and inheritance and securing and
administration of property. Uniform Civil Code is an order upon the state under Article
44 of the Constitution as a mandated rule of state arrangement.

As it is given under Article 37 of the Constitution that mandate standards of state

arrangement are not enforceable by the Court of Law. Anyway, this does not undermine
the criticalness of the order standards. Just after Independence, the Circumstances were
such that it was not achievable to force a Uniform Civil Code on the nationals. That is
the reason it has been secured under the order guideline of state approach.

The view of the Supreme Court

The Supreme Court mourns about the nation’s disappointment to embrace an uniform
common code. Article 44 has resuscitated a civil argument that will assuredly not again
be stowed away from plain view. The whole issue has shockingly been contorted and
misled from its exceptionally beginning.

Ideologies have deliberately utilized it as a stick with which to beat the minorities, and
Muslims specifically, through the risk of a majoritarian homogenizing guideline

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dangerous of the valuable character markers seen in the current differing qualities of
individual laws.

The bogey that an uniform common code (UCC) fundamentally involves the annulment
of individual laws needs to be let go. This is just not really. The presence of the Indian
Special Marriage Act or Indian Succession Act has not stifled individual laws in this
respect.

In actuality, the Special Marriage Act, an uniform marriage code for all Indians, was
backward altered in 1976 to give that Hindus wedding under it would keep on being
legislated by the Hindu Succession Act.

For every contra, the Supreme Court’s most recent obiter on the temperances of an
uniform common code happens in a deciding that strikes down certain unfair
procurements in the Indian Succession Act banning Christians from giving the property
to religious and altruistic trusts.

Once more, Goa’s uniform common code, a welcome legacy of Portuguese frontier
principle, now joyfully exists together with an assortment of individual codes accessible
to supporters of specific religions. Anyhow it makes accessible an alternative and
underlines the point that an uniform common code and individual laws don’t speak to
an either/or decision and that the one does not order the devastation of the other.

Status and Role of Uniform Civil Code

Status of Uniform Civil Code

There are five wide sets of individual laws in India focused around the religions
declared by distinctive groups. Hindu law administers all Hindus, including Buddhists,
Jains, and Sikhs. Muslim law applies to Muslims, Christian law legislates Christians,
and Parsee law applies to the Parsees. Jews have their individual law. These individual
laws spread property and individual matters like marriage, separation, support, reception
and legacy.

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The diverse laws are overseeing these angles distinctively for distinctive groups in
India. Subsequently, the laws administering marriage, legacy or separation among
Hindus are not quite the same as those relating to Muslims or Christians etc.

Role of Uniform Civil Code

Uniform common code should supplant the individual laws focused around the
scriptures and traditions of each one significant religious group in the nation, with a
typical set overseeing each resident in India. These laws are recognized from open law
and spread marriage, separation, legacy, upkeep, guardianship and appropriation.
Article 44 of the Directive Principles in India sets the execution of an uniform common
code all through the nation as an obligation of the State.

Article 44 says: “The State should try to secure for the natives an uniform common code
all through the domain of India.”

The aim of this Article is to impact an incorporation of India by bringing all groups into
a typical stage which is at present are administered by individual laws and which don’t
structure the quintessence of any religion. Article 37 makes clear that the mandate
standards “should not be enforceable by any court”. By the by, they are “key in the
legislation of the nation”. The Supreme Court has communicated for the institution of
an uniform common code in the Shah Banoii case and the Sarla Mudgaliii case.

The Supreme Court in Sarla Mudgal judgment had watched that “the Government
would be decently encouraged to depend on the obligation to the Law Commission to
realize the extensive enactment in keeping with the advanced idea of human rights.”
However, none of these remarks are tying on the official or the council and don’t sum to
requests. Best case scenario, they push some ethical weight on the Indian state to move
towards forming an uniform common code.

As ladies’ associations and others have over and again called attention to, individual
laws administering distinctive groups in India have a typical gimmick – they are all sex
predispositioned. The individual laws are intended to hold ladies perpetually under the
predominance and control of men.

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Ladies experience numerous troubles and experience extreme trauma in matters

concerning their marriage, separation and legacy. Polygamy, renunciation, triple
separations are simply a couple of samples to demonstrate the potential outcomes of
badgering ladies. Indian ladies are formally conceded balance in political rights through
the Indian Constitution. Because of the distinctive individual laws, ladies experience
imbalance, hardship and savagery. Sex issues need to be tended to genuinely.

There is a need to change the individual laws and realize an uniform common code to
guarantee equity in the middle of men and ladies as well as to achieve sex equity. In the
event that it is executed it will establish the framework for ladies to overcome numerous
social indecencies like endowment framework, polygamy and so on which makes a lady
feel mediocre and corruptediv.

An alternate issue, the individual laws are the primary driver of shared clash among
individuals. The nonattendance of an Uniform Civil Code goes against the idea of
equity which is one of the essential principles of our Constitution. The distinctive
individual laws for diverse religions are undermining the believability of the common
ethos of India.

An Uniform Civil Code will likewise streamline legitimate techniques included with the
matters administered by individual laws. It will likewise go far in advancing the reasons
for secularism, correspondence and national combination. It will likewise make the
partition of the State from the religion more finish and compelling.6

NEED OF UNIFORM CIVIL CODE IN INDIA

The need for uniform civil code has been felt for more than a century. India as a country
has already suffered a lot in the absence of a Uniform Civil Code .The society has
been fragmented in the name of religions, sects and sex. Even at present, in India, there
are different laws governing rights related to personal matters or laws like marriage,
divorce, maintenance, adoption and inheritance for different communities. The laws
governing inheritance or divorce among Hindus are thus, very different from those
pertaining to Muslims or Christians and so on. In India, most family law is determined

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by the religion of the parties concerned Hindus, Sikhs, Jains and Buddhists come under
Hindu law, whereas Muslims and Christians have their own laws. Muslim law is based
on the Shariat; in all other communities, laws are codified by an Act of the Indian
parliament. There are other sets of laws to deal with criminal and civil cases, such as the
Criminal Procedure Code, 1973and the Indian Penal Code, 1862. The multifarious
castes and creeds and their sets of beliefs or practices are bewilderingly confusing and
nowhere is a scenario like in India, of various personal laws jostling together is allowed.
The demand for a uniform civil code essentially means unifying all these personal laws
to have one set of secular laws dealing with these aspects that will apply to all citizens
of India irrespective of the community they belong to. Though the exact contours of
such a uniformcode have not been spelt out, it should presumably incorporate the most
modern and progressive aspects of all existing personal laws while discarding those
which are retrograde. India has set before itself the ideal of a secular society and in that
context achievement of a uniform civil code becomes more desirable. Such a code will
do away with diversity in matrimonial laws, simplify the Indian legal system and make
Indian society more homogeneous. It will de-link law from religion which is a very
desirable objective to achieve in a secular and socialist pattern of society. It will create a
national identity and will help in containing fissiparous tendencies in the country .The
uniform civil code will contain uniform provisions applicable to everyone and based on
social justice and gender equality in family matters.
According to the Committee on the Status of Women in India, "The continuance of
various personal laws which accept discrimination between men and women violate the
fundamental rights and the Preamble to the Constitution which promises to secure to all
citizens "equality of status, and is against the spirit of natural integration". The
Committee recommended expeditious implementation of the constitutional directive in
Article 44 by adopting a Uniform Civil Code.
Goa has shown the way and there is absolutely no reason for delay. A secular India
needs a uniform civil code. To mark time is to march with the communalists.7

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GOA CIVIL CODE

The Goa Civil Code, also called the Goa Family Law, is the set of civil laws that govern
the residents of the Indian state of Goa. It is largely based on the Portuguese Civil Code
which was introduced in Goa in 1870.

Some ways in which the Goa Civil Code is different from other Indian laws include:

A married couple jointly holds ownership of all the assets owned (before the
marriage) or acquired (after the marriage) by each spouse.
 In case of a divorce, each spouse is entitled to a half share of the assets.
However, the law also allows antenuptial (occurring before marriage)
agreements, which may state a different division of assets in case of a divorce.
 These agreements also allow the spouses to hold the assets acquired before
marriage separately. Such agreements cannot be changed or revoked. A
married person cannot sell the property without the consent of his/her spouse.
 The parents cannot disinherit their children entirely. At least half of their
property has to be passed on to the children compulsorily. This inherited
property must be shared equally among the children.
 Muslim men, who have their marriages registered in Goa, cannot
practice polygamy. Also, there is no provision for a verbal divorce.8

FUNCTIONS OF UNIFORM CIVIL CODE

Unification of India

An uniform common code will help in incorporating India more than it has ever been
since freedom. A great deal of the ill will is brought about by special treatment by the
law of specific religious groups and this can be dodged by an uniform common code. It
will help in bringing each Indian, in spite of his standing, religion or tribe, under one
national common implicit rules.

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Mitigation of Vote Bank Politics

An uniform common code will likewise help in diminishing vote bank legislative issues
that most political gatherings enjoy amid each race. In the event that all religions are
secured under the same laws, the lawmakers will have less to offer to specific minorities
in return of their vote. Not having an uniform common code is impeding to genuine
popular government and that needs to change.

Solve problems of personal laws

The different individual laws are essentially an escape clause to be abused by the
individuals who have the force. Our panchayats keep on giing judgments that are
against our constitution and we don’t make a move. Human rights are abused through
honor killings and female foeticide through out our nation. By permitting individual
laws we have constituted a substitute legal framework that still works on a great many
years old qualities. An uniform common code would change that.

Presence of Uniform Civil Code in every modern nation

An uniform common code is the indication of an advanced dynamic country. It is a sign

that the country has moved far from the rank and religious governmental issues. While
our financial development has been the most astounding on the planet our social
development has not happened whatsoever.

Truth be told it may be right to say that socially and socially we have corrupted to a
point where we are not current or customary. An uniform common code will help the
general public make headway and take India towards its objective of turning into a
created country.

Endow women with further rights

An uniform common code will likewise help in enhancing the state of ladies in India.
Our general public is greatly patriarchal and misanthropic and by permitting old
religious principles to keep on representing the family life we are sentencing all Indian
ladies to oppression and abuse. An uniform common code will help in changing these

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age old conventions that have no spot in today’s general public where we do
comprehend that ladies ought to be dealt with reasonably and given equivalent rights.

Meting out of equal treatment towards every Indian

At this moment we have individual laws focused around specific religions, which
implies that while Muslims can wed different times in India, a Hindu or a Christian will
be indicted for doing likewise. This doesn’t appear as though correspondence to me. All
the laws identified with marriage, legacy, family, arrive and so forth ought to be
equivalent for all Indians. This is the best way to guarantee that all Indians are dealt
with the same.

Promotion of Secularism

Presently what we have in India is specific secularism which implies that in a few
territories we are common and in others, we aren’t. An uniform common code implies
that all residents of India need to take after the same laws whether they are Hindus or
Muslims or Christians or Sikhs.This sounds reasonable and mainstream to me. An
uniform common code doesn’t mean it will restrict the opportunity of individuals totake
after their religion, it simply implies that each individual will be dealt with the same.9

Uniformity and rights of women: A myth debunked

UCC is always harped on around the movement around the rights of women. It
is lauded as the ultimate solution to do away with many of the discriminations between
the genders that have seeped through religious edicts and social structure. Even in
the Constituent Assembly Debates the discrimination against women and much needed
social reforms for elevation of their status in the society was the moot point in favour of
article 35. The members against a common civil code ignominiously dodged the
question of elevation of the status of women and focused only on the cultural disparity
and dominance of the majority. No one tried to question the practical working of a
common civil code and how would it be beneficial in the drive for rights of women in
our country. Ironically, none of the women members participated in the debate on

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article 35 and the proposed future prospect of securing a uniform civil code. K.M.
Munshi appealed to the House that absence of uniform personal law would amount to
all discriminatory practices being covered under the purview of religious freedom and
hence rendering impossible for legislative reforms to correct them as they would be
struck down on the premise of religion.
Blind drive for social reforms, without addressing the distinct subject positions and the
living reality of the women have been the bane of rights of women and change in
their status. Muslim woman is assumed to be oppressed and downtrodden and
comparison is made with corresponding Hindu woman having the protection of a
codified uniform personal law.
Since the Hindu personal law has been codified, the rights of Hindu women have taken
a backseat, assumed to be well protected by a codified personal law and in a better
position than a Muslim woman who still suffers the brunt of their archaic personal law.
Despite the codification of Hindu personal law and universal application of the codified
law, it has not been able to address the question of social reform properly. The voice of
the Hindu women, which speaks about the partial failure of uniform law, was lost in the
din of secularism, unnecessary glorification of uniform civil law and obsession with the
protection of diversity and minorities.
Social reform without a social consensus was as sharp as a cotton bud. Madhu Kishwar,
a renowned legal scholar states, “In their stated determination to put an end to
the growth of custom, the reformers were in fact-putting an end to the essence of Hindu
law, yet they persisted in calling their codification 'Hindu'.”27 It would be incorrect to
say that codification of Hindu personal law did not bring and change or reform. The
biggest contribution of this move was that the equality rights of women were
acknowledged greatly as an issue extremely necessary to be contemplated. However, it
only went there and not further. Soon codification of Hindu law was hauled as a path
breaking in the field of social reform and was subjected to incessant citation in the
prospective debates on uniform civil code.
The Indian legislators merely assumed the roles of their western colonizers and drafted
the codified Hindu law, unifying various categories within the definition of Hindu and
sifted through the different diverse religious practices and principles to cull out only
those principles which were appeasing to their western British homogenous minds.
Indeed, many provisions were borrowed from other religions and world views, such as

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divorce, but it was because of the different personal laws, which worked separately in a
close knit society, that such references and examples could be taken as social reforms.
Hence, before celebrating aspects of universality, it is necessary to see the darker side of
the codification of Hindu law. The status of Hindu woman still suffers from
inferiority complex even after the codification of the Hindu personal law. The western
ideals of monogamy, divorce and maintenance indeed cured some of the plaguing
diseases in Hindu law, but for those Hindu communities who were much ahead of the
western ideals were brought back into a much more regressive personal law regime. For
instance, the marumakattayam system prevalent in Kerala, which was applicable to the
Kerala Muslims prior to the Shariat Act, 1937, had a well developed and advanced
divorce and maintenance systems. The system rooted in matrilineal law had well
developed succession laws for women as well. It was seen that the universality of north
Indian sanskritized system washed away probability of a better social reform. As an
afterthought such customs which conferred rights upon the women excepted from the
general law. This move also opened a can of worms. Giving these forms of divorce the
right to co-exist with the contrary requirements of the Hindu Marriage and Divorce Act,
amounts to declaring that the new law has no teeth at all. It is not surprising, therefore,
that barring a small section of the urban educated elite in India, very few people go
to court to get their marriages dissolved. Often the women are abandoned by their
husbands and thus divorced de facto without any formal procedures, or the matter is
settled through the mediation of biradari elders.
In fact, if any example has to be carved out of the present codified Hindu law then
it should be that how without recognizing the difference in stature and socialization of
women, social reforms can in fact become regressive. There has to be an internal mass
development of social conscience first and then the reforms are to be heralded.
Monogamy as a uniform law imposed on the Hindu men after the codification of Hindu
law serves as a good example. The unrest of Hindu community towards monogamy on
one religion and exempting other was obvious even before the Supreme Court.
Introduction of monogamy and prohibition of polygamy without stirring the social
conscience resulted in the continued practice of polygamy in Hindu men, except that
now they were safer to escape the clutches of law since the Hindu Marriage Act, 1955
had fixed the definition of a valid marriage. A pell mell of brahmanic rituals such as
saptapadi, lajja home etc. were made essentials of a valid Hindu marriage. The other

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forms of marriage which might have been accepted in other Hindu communities were
ignored. The Hindu man could now have a perfect defence ready for his second
marriage that it was not valid according to the fixed, unified Hindu Marriage Act, 1955.
Instead of empowering, the status of the second wife was in fact demolished. The
woman who was a second wife had no protection left under her own codified unified
personal law.
Moreover, the realisation of the goal of equality for women is not realizable by law
alone. Whatever laws, including the Dowry Prohibition Act, 1961, Section 498-A of the
Indian Penal Code, 1860, the Protection of Women from Domestic Violence Act, 2005
and the Hindu Succession Act, 1956 as amended in 2005 have not been able to give
much relief to women. Much needs to be done for the social and economic
empowerment of women before they are able to take any advantage of any laws
ensuring equality to them. This sums up the lesser taken route of discussing the pitfalls
of having a UCC and coaxes us to take the question of rights of women, women who do
not belong to homogenous groups and come from different social and religious setups
looking forward to specific reforms endemic to their specific existential realities and not
a uniform social reform which might lose its progressiveness in the effort to unite.
Hence uniformity cannot be expected to be a perfect solution to multitude and diverse
gender inequalities.10

Uniform Civil Code (UCC): Pros and Cons

PROS OF THE UNIFORM CIVIL CODE

 To provide equal status to all citizens

In the modern era, a secular democratic republic should have a common civil
and personal laws for its citizens irrespective of their religion, class, caste,
gender etc.
 To promote gender parity
It is commonly observed that personal laws of almost all religions are
discriminatory towards women. Men are usually granted upper preferential

10
http://ili.ac.in/pdf/paper217.pdf

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status in matters of succession and inheritance. Uniform civil code will bring
both men and women at par.
 To accommodate the aspirations of the young population
A contemporary India is a totally new society with 55% of its population is
below 25 years of age. Their social attitudes and aspirations are shaped by
universal and global principles of equality, humanity, and modernity.Their view
of shedding identity on the basis of any religion has to be given a serious
consideration so as to utilize their full potential towards nation building.
 To support the national integration
All Indian citizens are already equal before the court of law as the criminal laws
and other civil laws (except personal laws) are same for all. With the
implementation of Uniform Civil Code, all citizen will share the same set of
personal laws. There will be no scope of politicization of issues of the
discrimination or concessions or special privileges enjoyed by a particular
community on the basis of their particular religious personal laws.
 To bypass the contentious issue of reform of existing personal laws
Existing personal laws are mainly based on the upper-class patriarchal notions of
the society in all religions. The demand of UCC is normally made by aggrieved
women as a substitute for existing personal laws as patriarchal orthodox people
still deem the reforms in personal laws will destroy their sanctity and oppose it
profusely.
CONS OF UNIFORM CIVIL CODE
 Practical difficulties due to diversity in India
It is practically tough to come up with a common and uniform set of rules for
personal issues like marriage due to tremendous cultural diversity India across
the religions, sects, castes, states etc.

 Perception of UCC as encroachment on religious freedom

Many communities, particularly minority communities perceive Uniform Civil
Code as an encroachment on their rights to religious freedom. They fear that a
common code will neglect their traditions and impose rules which will be
mainly dictated and influenced by the majority religious communities.

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 Interference of state in personal matters

The constitution provides for the right to freedom of religion of one’s choice.
With codification of uniform rules and its compulsion, the scope of the freedom
of religion will be reduced.

 Sensitive and tough task

Such a code, in its true spirit, must be brought about by borrowing freely from
different personal laws, making gradual changes in each, issuing judicial
pronouncements assuring gender equality, and adopting expansive
interpretations on marriage, maintenance, adoption, and succession by
acknowledging the benefits that one community secures from the others. This
task will be very demanding time and human resource wise. The government
should be sensitive and unbiased at each step while dealing with the majority
and minority communities. Otherwise, it might turn out to be more disastrous in
a form of communal violence.

 Time is not yet suitable for this reform

Considering a major opposition from Muslim community in India over this issue
overlapping with controversies over beef, saffronization of school and college
curriculum, love jihad, and the silence emanating from the top leadership on
these controversies, there needs to be given sufficient time for instilling
confidence in the community. Otherwise, these efforts towards common will be
counterproductive leaving minority class particularly Muslims more insecure
and vulnerable to get attracted towards fundamentalist and extremist
ideologies.11

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CONCLUSION
After going through various, literatures, reports, journals and research papaers of
different researchers available on internet, the researcher has understood what Uniform
civil code actually means and its needs in India, functions and its pros and cons etc.
India is a diverse country with multiple religions and ethnicities living within its
borders. This is reflected in our legal system in the form of religion-based personal
laws. A Uniform Civil Code means that all sections of the society irrespective of their
religion shall be treated equally according to a national civil code, which shall be
applicable to all uniformly. The Uniform Civil Code (UCC) in India proposes to replace
the personal laws based on the scriptures and customs of each major religious
community in the country with a common set governing every citizen.
They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and
succession of the property. It is based on the premise that there is no connection
between religion and law in modern civilization.

The researcher has found her hypothesis true and upright. The hypothesis of this
research was “UCC helps in integrating India more than it has ever been since
independence. The UCC is necessary because personal laws are inconsistent with our
declaration “To constitute India into Socialist, Secular, Democratic Republic” and it is
almost impossible to achieve the golden goals as set out in the preamble of the
constitution without the UCC.”

A Uniform Civil Code sets the precedent for attaining true equality and egalitarianism.
It will help in integrating India more than it has ever been since independence. Bringing
in UCC cannot be a knee-jerk step but implementation of India's secularism could be
made by enacting personal laws outside the purview of religion Different personal laws
for various communities creates unnecessary burden on the legal system. Bringing a
Uniform Civil code would reduce that. It will also address all the loopholes present in
different personal laws. Uniform Civil code is also a major step towards gender justice
especially for Muslim women. Most of the personal laws have bias against rights of
women, whereas, bias is not only against women but also operates against men. If all
Indians have same laws governing them, then the politicians will have no chance of
exploiting any community in exchange of their votes. It will not only raise the bar of the
legal system but also help in the progress of India as a nation..

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Extensive cultural diversity is the truth of India, but absolute heterogeneity in laws is
also not desirable. Uniformity very rightly leads to a constricted scope for arbitrariness
and equal protection of law to all the subjects irrespective of the diverse backgrounds
they come from. The clarion call for UCC in India has always been with the idea of
divesting law from all kinds of religious influences. That law, even the personal laws
should be stoic without specific religious and cultural hurdles creeping in. Religion and
culture since a very long time have been the ultimate explanation to any and every
social evil that exists in the society. Sati, therefore was justified because the religious
tenets supported it. One could find a number of justifications ranging from
pure religious fanaticism to scientific rationalism and sociology. However, in a country
where Hindus shared their day to day lives with other religions where women who need
not deliberately die with their husbands existed, questions were raised that why Hindu
women be subjected to such atrocity? In fact those who raised such questions became
the beacon lights for a movement of social reform such as Raja Ram Mohan Roy,
Ishwarchandra Vidyasagar and others.
In a heterogeneous society like ours comparisons are normally to be made. These rigid
and compartmentalized personal laws which cannot, in any probability, be influenced
by others might have the tendency to throttle any scope of social reform. Codification of
scattered laws and legal norms, religious edicts, traditions and cultural laws gives a
fixed recognition to rules and eases the enforceability of laws. The rights and duties
which flow out of such laws and rules also get due recognition and traceability. Indeed,
a uniform law with all populace equally and uniformly governed by it is the desired goal
and as Dr. Ambedkar had said the society to inch towards its complete realisation.
However, the taking example of a uniform criminal law as a benchmark for
the goodness of uniformity in personal laws is not correct. Personal laws govern the
unique and peculiar realms of family and marriage which are endemic to each and every
diverse group of people. Unlike the criminal law, personal laws govern the way of life
of the people which can differ from one community to other. And therefore uniformity
in personal laws has to be treated much more delicately.
The definitions of inequality may differ from community to community. It is necessary
to determine the layers of gender injustices and inequalities that work separately in one
society than in the others. The personal law of one society, without a doubt are dotted
with many aspects which are contradictory to the sense of gender equality existing in

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that society. The first step therefore is to eradicate those unjust practices which
are endemic to that specific society. Instead of hurriedly creating a uniform definition of
injustice and inequality, which is the dominant point of view, it is necessary that all
these societies first recognise the definitions of inequality and injustice within their
peculiar sphere of life. Otherwise, what is happening is that these societies become
defensive against the demands of uniformity and injustices within their communities are
rendered invisible. This positive side of the debate on UCC time and again reminds the
people to tend to the diseases in their personal law system and adjust them to the
contemporary times, by taking inspirations from another community which might be
more progressive in some aspect. It must never be forgotten that all this is a slow
process and any undue haste would only result in failure rather than the desired
outcome.
The Government should draft a Common Civil Code with the opinion of Law
Commission, National Human Right Commission, and National Commission for
Women, Former Attorney Generals, Solicitor Generals and Judges of the Supreme
Court and must implement the UCC in spirit of the Article-44 of the Constitution on
priority. While our economic growth has been the highest in the world, our social
growth has not happened at all. Socially and culturally, we have degraded to a point
where we are neither modern nor traditional. Bringing the UCC would reduce and help
in simplifying many technicalities and loopholes, present in existing personal laws. The
concept of one nation, one law is more than a neat hashtag and goes back to the drafting
of the Constitution. Every modern nation has it, and it is time that we have it too and
achieve the grand vision which was envisioned at the time of framing our constitution.

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BIBLIOGRAPHY
 https://lawtimesjournal.in/uniform-civil-code/
 http://jcil.lsyndicate.com/wp-content/uploads/2016/11/Tanushree.pdf
 https://www.lawctopus.com/academike/need-uniform-civil-code/
 http://www.lawyersclubindia.com/articles/Research-Paper-on-Uniform-Civil-
Code-8717.asp

 https://www.lawctopus.com/academike/need-uniform-civil-code/
 http://ili.ac.in/pdf/paper217.pdf
 https://www.clearias.com/uniform-civil-code-ucc/

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