BBA.LLB(Hons.

)/ Semester Four

Family Law I

A Study Analysing and attempting to decode the challenges with regards

to implementation of the uniform civil code

Submitted to:

Prof. Zubin Saiya

School of Law, NMIMS

(Deemed to be University)

Submitted by:

Srishti Singh

E063

SAP ID- 81022100288

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CONTENT

Sr.No Particulars Pg. no

2 Introduction 3

3 Research Objectives 3

4 Research Methodology 4

5 Analysis 4

6 Judicial Precedents 8

7 Conclusion & Suggestion 9

8 References 10

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Introduction

The idea of a uniform civil code (UCC) is that all people of a nation should be subject to the same
set of civil rules, regardless of their race, religion, or other personal traits. The several personal
laws already in force in many nations that pertain to various religious communities would be
replaced by one code. A UCC aims to uphold equality under the law for all citizens, regardless of
their religious views, as well as to advance gender equality and defend the rights of minorities.
The implementation of a UCC, however, is a complicated and divisive matter that necessitates
careful consideration of various viewpoints and interests.

Personal laws have historically discriminated against women in many nations, especially those
that are founded on religious beliefs. In some cultures, patriarchal norms and practises impose
restrictions on women's freedom of movement, opportunity for education and employment, and
ownership over crucial life decisions. Social stigmatisation of women is possible.

In India, the concept of a uniform civil code has been debated for many years, and various political
and social reform groups have long called for it. The UCC is not legally enforceable but is seen as
a guiding principle for the government to follow because it is contained as a Directive Principle in
the Indian Constitution.

The implementation of a Uniform Civil Code (UCC) in India would necessitate considerable
changes to the present legal framework, as personal law based on religious traditions currently
govern many elements of civil life in the nation. Article 44 of the Indian Constitution stipulates a
Unified Civil Code: "The State shall endeavor to secure for the citizens a uniform civil code
throughout the territory of India."

Research Objectives

1. To acknowledge the necessity of implementing UCC.

2. To evaluate its effect on women's rights.
3. To assess the scope & challenges.

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Research Methodology

The research methodology used in this paper was doctrinal research and secondary data was
utilised. No first-hand data was utilised in this paper. For writing this paper the author utilised
second hand research by reviewing the following –

Bare acts and other legal documentation related to the topic.

Research paper on similar topics to this study.

Journal articles and websites on topics closely related to the topic.

Understanding the historical trends of the topic.

Analysis

Uniform Civil Code & its Origin

The goal of the Uniform Civil Code (UCC) is to provide a uniformly organised legislative system
that would reserve all matters pertaining to each religion's civil and personal laws in India. In order
to achieve secularism, the UCC will grant uniform personal laws to all religions, superseding the
personal laws of all races, castes, etc.

It includes customs like uniform in-laws for marriage, divorce, succession, adoption, guardianship,
and the equitable division of property and assets among all residents. The protection of the rights
of Indian women who practise many religions is the other goal of the UCC proposal.

The British introduced a uniform law in India in 1840 for crimes, evidence, and annexures, but
they purposefully ignored the personal laws of Hindus and Muslims, leading to significant
inconsistencies and complexity in both religions. Here is where the origins of UCC can be found.

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The founders of the constitution, including Dr B.R. Ambedkar 1, recommended a uniform civil
code to be initially included in Article 35 of the Constitution of India 2, 1949, and that personal
laws must be kept outside the scope of the UCC. However, he also acknowledged that such
implementation of the UCC must be voluntary. The Muslim leaders, on the other hand, highlighted
the importance of adhering to personal religious regulations built upon religious norms. Thus, only
Article 44 of the Indian Constitution 3may include the idea of UCC.

What will Uniform Civil Code do?

With a population of more than 130 billion, India is the largest democracy in the world. Its citizens
are primarily from the six most popular religions in India: Hinduism, Islam, Christianity, Sikhism,
Buddhism, and Jainism. In addition to religion, the Indian population is divided according to
factors such as language, place of residence, culture, etc. Since religion is the basis of culture,
tradition, and custom, it might be challenging to give up long-standing practises for any faith.

Several public discussions on ending gender discrimination and implementing a "one nation, one
policy" have been sparked by the dispute over UCC. Enacting a UCC has also frequently been
addressed by the Indian judicial system.

The UCC attempts to safeguard vulnerable groups, including as women and religious minorities,
as envisioned by Ambedkar, while simultaneously fostering nationalistic fervour via unity. When
put into effect, the code will aim to make laws that are currently divided based on religious views,
such as the Hindu code bill, Sharia law, and others, simpler. The code will make the complicated
regulations governing marriage ceremonies, succession, inheritance, and adoptions simpler and
more universal. All citizens will then be subject to the same civil law, regardless of their religious
affiliation.

Why is UCC necessary?

1 Dr Bhimrao Ambedkar is known as the father of Indian constitution. He headed the drafting committee.
2
Article 35, Draft Constitution of India “The State shall endeavor to secure for the citizens a uniform civil code
throughout the territory of India”

3 Directive Principal of State Policy

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Personal laws in India have historically discriminated against women since they are based on
religious customs. Laws governing marriage, divorce, inheritance, and property rights, for
instance, frequently favour men over women.

For instance, under some personal laws, a husband might unilaterally ask for his wife's divorce,
whereas a wife might need to show that she committed cruelty or adultery before asking for a
divorce. However, some personal laws might not give women the same inheritance rights as men
or might limit their ability to inherit or own property.

India's personal rules, which favour upper-class patriarchal society in all religions, make
bridging the legal divide difficult. Panchayats continue to make unconstitutional judgements
without consequences. Honour killings and female foeticide are human rights violations in our
country. By legalising personal laws, we've created a parallel court system. The global civil code
would close all loopholes to benefit society.

To promote India's integration

A common civil code will help India integrate more than ever before. A uniform civil code could
reduce animosity that some religious sects receive preferential treatment. It will help unite all
Indians under a national code of conduct similar to criminal and civil laws, regardless of caste,
religion, or tribe.

To make sure that every citizen is treated equally

Hindus and Christians are prosecuted for remarrying, but Muslims are allowed to do so in India.
Many religious laws differ in this way. Inheritance, marriage, family, and land laws must be
equal. UCC saves the day by centralizing everything and speeding up the legislative and judicial
processes while improving equity.

In India, efforts have been made to change personal laws in order to advance gender equality, and
some success has been made in this regard. For instance, the Hindu Succession (Amendment) Act 4,

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The Hindu Succession (Amendment) Act, 2005 (39 of 2005) was enacted to remove gender discriminatory
provisions in the Hindu Succession Act, 1956.

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enacted by the Indian government, grants daughters the same inheritance rights as sons. Moreover,
the government has passed legislation to discourage violence against women and harassment
related to dowries.

There have been initiatives to change these private laws in order to advance gender equality, such
as the Muslim Women (Protection of Rights on Divorce) Act of 1986, which mandates that a
divorced Muslim woman get maintenance. Also, the Supreme Court of India has rendered a
number of important rulings upholding the rights of women, including the Shah Bano 5case, which
recognised a Muslim woman's claim to maintenance from her ex-husband.

Despite these efforts, India's personal laws must be changed to ensure women's legal equality. A
uniform civil code that protects everyone regardless of gender or religion would solve these issues
and advance gender equity. However, implementing such a code is difficult and divisive, requiring
careful consideration of various viewpoints and interests.

Scope & Challenges

Although personal laws founded on religious traditions already control many facets of civil life
in the nation, the implementation of a UCC in India would necessitate considerable modifications
to the current legal system. In Article 44 of the Indian Constitution, it is stated that "The State
should seek to obtain for the Citizens a uniform civil code throughout the territory of India."

Yet, the implementation of a UCC in India is a complicated and divisive matter that necessitates
careful consideration of various viewpoints and interests. The concept of a UCC has been contested
for many years, with supporters claiming that it would advance gender equality and defend the
rights of minorities while detractors claim that it would threaten religious freedom and cultural
variety.

India's diverse religious and cultural landscape presents one of the biggest obstacles to the
implementation of a UCC there. There are many different religious communities in India, and each
has its own set of personal rules that deal with things like inheritance, divorce, and marriage.

5Mohd. Ahmed Khan v. Shah Bano Begum 1985 (1) SCALE 767; 1985 (3) SCR 844; 1985 (2) SCC 556; AIR 1985
SC 945

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Conciliating these disparate traditions and creating a set of regulations that is acceptable to all
groups would be necessary for the implementation of a UCC.

The lack of political will to put a UCC into effect is another difficulty. Although the Constitution
calls for a UCC, previous administrations have been hesitant to address the matter because of its
political sensitivity and possibility for retaliation.

Ultimately, the scope of establishing a Uniform Civil Code in India is substantial and would
necessitate careful consideration of various viewpoints and interests. Promoting gender equality
and defending minorities' rights have advantages, but enacting a UCC would necessitate
considerable modifications to the current legal system and the political resolve to deal with this
difficult and divisive matter.

Judicial Precedents

In Mohd. Ahmed Khan v. Shah Bano Begum and Ors (1985), the Supreme Court of India ruled
that Muslim women are entitled to maintenance under Section 125 of the Code of Criminal
Procedure, 1973 and ordered the government to enact a UCC.

In Sarla Mudgal v. Union of India (1995), the Supreme Court of India ordered the Ministry of Law
and Justice to report on the government's efforts to secure a "uniform civil code" for Indians.

In Pannalal Bansilal Patil v. State of Andhra Pradesh (1996), the Supreme Court of India ruled that
"while a uniform legislation is extremely desirable, enacting it all at once may be detrimental to
the nation's unity and integrity. In a democracy based on the rule of law, there should be gradual,
progressive development and order. Creating a law or amending a statute is a laborious process,
and the legislature seeks to address the most pressing issues.

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The Supreme Court of India ruled in John Vallamattom and Ors. v. Union of India (2003) that
religious and personal law are unrelated in a civilised society. Marriage, succession, and other
secular matters cannot be included in the Constitution's Articles 25 and 26 guarantee. Legislation
that includes secular matters like succession in Articles 25 and 26 is suspect.

Suggestions

• The government and society will have to put a lot of effort into fostering trust, but even
more so, they must find common ground with social reformers as opposed to religious
conservatives.
• The government might gradually incorporate distinct components like marriage, adoption,
succession, and maintenance into a UCC rather than taking an all-encompassing approach.
• It is vital that all personal laws be codified so that prejudices and stereotypes in each one
can be exposed and assessed against the Constitution's core rights.
• Individuals should be urged to adopt a progressive and receptive mindset in order to
comprehend the rationale behind the introduction of UCC in India.
• Programs for sensitization, education, and knowledge should be set up to inform people
about UCC.
• It is important to take care not to offend religious communities. It is preferable if religious
organisations and Indian society take the effort to adopt UCC in an efficient manner.

Conclusion

India is a country where the rule of law predominates. But, because of individual religious views,
the rule of religion and the rule of law are in conflict, necessitating government action.

The Uniform Civil Code is ideal legislation to establish secularism and uniformity in personal and
civil laws in India. The problem is that those who oppose UCC are misinformed, hence the
government must execute the above measures. This dynamic transition would help eradicate

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gender-based oppression and unite the nation. Inequalities, divisions, and other elements that
violate our Basic Rights must be addressed in our social system.

The need for a UCC for all people, regardless of religion, has grown over time in order to ensure
the protection of their fundamental constitutional rights. Last but not least, the absence of a uniform
civil code is detrimental to the goal of developing true democracy and must be changed.

References

Journals:

1. Choudhary, Vaibhav. “A Proposal for Uniform Civil Code for Law of Succession in India.”
SSRN Electronic Journal, 2010.
2. Hazarika, Raya. “Should India Have a Uniform Civil Code?” SSRN Electronic Journal, 2010.
3. Sharma, Sharda Girijesh. “Uniform Civil Code and Adoption Laws in India.” SSRN Electronic
Journal, 2008.

4. Trishala A , Lakshmi T and Rajeshkumar S,“ Physicochemical profile of Acacia

catechu bark extract –An In vitro study” IRJMST, April 2018.

Case Laws:

1. Mohd Ahmed Khan v. Shah Bano Begum

2. S. R. Bommai v. Union of India
3. Shayara Banu v. Union of India & Ors.
4. Sarla Mudgal v. Union of India
5. John Vallamattom v. Union of India

Books -

1. Ratnaparkhi, M. S. Uniform Civil Code: An Ignored Constitutional Imperative. Atlantic

Publishers & Dist, 1997.
2. Chavan, Nandini, and Qutub Jehan Kidwai. Personal Law Reforms and Gender Empowerment: A
Debate on Uniform Civil Code. Hope India Publications, 2006.

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