NALIN 2ND SEM 2

Introduction Uniform Civil Code places a set of laws to govern the

personal matters of all citizens irrespective of religion is
perhaps the need of the hour and ensures that their
fundamental and Constitutional rights are protected

The UCC was included as a Directive Principle in the

Indian Constitution, which means that it is not legally
enforceable, but is considered a guiding principle for
the government to follow

The UCC is a divisive issue in India, with proponents

arguing that it would promote equality and secularism,
and opponents arguing that it would interfere with
religious freedoms and cultural practices
What is Uniform The Uniform Civil Code is a proposed legal framework
in India that would codify and apply a set of uniform
Civil Code? laws related to personal matters such as marriage,
divorce, adoption, and inheritance to all citizens,
regardless of their religion

The code comes under Article 44 of the Constitution,

which lays down that the state shall endeavor to secure
a Uniform Civil Code for the citizens throughout the
territory of India

Uniform Civil Code in India is a widely debated topic

lately since the first petition was filed in 2019 to seek
for framing of a UCC to promote national integration
and gender justice, equality, and dignity of women
What is Article Article 44 corresponds with Directive Principles
of State Policy stating that State shall endeavour
44? to provide for its citizens a uniform civil code
throughout the territory of India

Article 44 is one of the Directive Principles of

State Policy

The purpose behind Article 44 is to strengthen

the object of "secular democratic republic" as
enshrined in the Preamble of the Constitution
Why is Article The objective of Article 44 of the Directive Principles in the

44 important?
Indian Constitution was to address the discrimination against
vulnerable groups and harmonise diverse cultural groups
across the country

Dr. B R Ambedkar, while formulating the Constitution had said

that a UCC is desirable but for the moment it should remain
voluntary, and thus the Article 35 of the draft Constitution was
added as a part of the Directive Principles of the State Policy in
part IV of the Constitution of India as Article

It was incorporated in the Constitution as an aspect that would

be fulfilled when the nation would be ready to accept it and the
social acceptance to the UCC could be made
Indian Constitution Article 15- No discrimination on grounds of religion, race, caste, sex or
place of birth
And Uniform Civil
Code
Article 25- Freedom of conscience and free profession, practice and
propagation of religion, subject to reasonable restrictions on the grounds
of public order, health and mortality

Article 25 -provides for regulating secular activities associated with

religious practices, social welfare and reform

Article 26- Right to establish and administer religious institutions

Article 27- Prohibits the state from levying a tax, proceeds of which are
used for the benefit of a particular religion

Article 28- deals with the issue of religious instruction in educational

institutions
Historical background
• Historical perspective – The debate for a uniform civil code
dates back to the colonial period in India
Origin of
Uniform Civil The Hindu
Minority and
Guardianship
Marriage Act
Code Act

Adoptions
and Special
Maintenance Marriage Act
Act
JUDICIAL
INTERVENTIONS
Shah Bano A 73-year-old woman called Shah Bano was
case divorced by her husband using triple talaq and was
denied maintenance

This led to her husband appealing to the Supreme

Court saying that he had fulfilled all his obligations
under Islamic law

The Supreme Court ruled in her favour in 1985

under the “maintenance of wives, children and
parents” provision of the All India Criminal Code,
which applied to all citizens irrespective of religion
Facts about the Under Muslim personal law, maintenance was

case to be paid only till the period of iddat

Section 125 of CrPC that applied to all

citizens, provided for maintenance of the wife

The then government under pressure passed

The Muslim Women’s Act in 1986, which
made Section 125 of the Criminal Procedure
Code inapplicable to Muslim women
Daniel Latifi Muslim Women’s Act was challenged on the grounds
that it violated the right to equality under Articles 14&
Case 15 as well as the right to life under Article

The Supreme Court while holding the law as

constitutional, harmonised it with section 125 of CrPC
and held that the amount received by a wife during
iddat period should be large enough to maintain her
during iddat as well as provide for her future

Thus under the law of the land, a divorced Muslim

woman is entitled to the provision of maintenance for
a lifetime or until she is remarried
Sarla Mudgal In this case, the question was whether a Hindu
husband married under the Hindu law, by embracing
Case Islam, can solemnise a second marriage

The court held that the Hindu marriage solemnized

under Hindu law can only be dissolved on any of the
grounds specified under the Hindu Marriage Act

Conversion to Islam and marrying again, would not by

itself dissolve the Hindu marriage under the act and
thus, a second marriage solemnized after converting to
Islam would be an offence under section 494 of
the Indian Penal Code
John
Vallamattom In this case, a priest from Kerala, John Vallamattom
challenged the Constitutional validity of Section 118 of

Case the Indian Succession Act, which is applicable for non-

Hindus in India

Mr Vallamatton contended that Section 118 of the act

was discriminatory against Christians as it imposes
unreasonable restrictions on their donation of property
for religious or charitable purposes by will

The bench struck down the section as unconstitutional

NEED OF
UNIFORM
CIVIL CODE
1. It Promotes A uniform civil code means that all citizens of India have to
follow the same laws whether they are Hindus or Muslims or

Real Secularism Christians or Sikhs

Our society is extremely patriarchal and misogynistic and by

allowing old religious rules to continue to govern the family life
we are condemning all Indian women to subjugation and
mistreatment

A uniform civil code will help in changing these age old

traditions that have no place in today’s society where we do
understand that women should be treated fairly and given
equal rights

A uniform civil code will help the society move forward and
take India towards its goal of becoming a developed nation
 What Is The Importance Of Uniform Civil Code?

As we know that there is a Criminal

As Common Civil Code would put in Code that is applicable to all people
place a set of laws to govern irrespective of religion, caste, tribe
The need for UCC is related to
personal matters of all citizens and domicile in the country but
inconsistencies in Tax laws
irrespective of religion is perhaps there is no similar code related to
the need of the hour divorce and succession which are
governed by Personal laws
Merits of uniform
civil code If a Common Civil Code is enacted and enforced

It world help and accelerate national integration

Overlapping provisions of law could be avoided

Litigation due to personal law world decrease

Sense of oneness and the national spirit would be roused, and

The country would emerge with new force and power to face any
odds finally defeating the communal and the divisionist forces
Drawback for
Uniform Civil
Who is the government to decide about my religion?

Code We are governed by the Constitution of India

The Constitution has given me the independence to follow my religion

Difficulties due to India’s diversityThe implementation of Uniform Civil

Code is a cumbersome task due to wide diversity of our nation

Interference of state in personal mattersThe constitution provides for the

right to freedom of religion of one’s choice

The people from different communities are not willing to adopt the secular
laws separated from personal laws

As far as the protection of human rights or social obligations is concerned,

the nation has laid bottom line policies through general laws
Drawback for Uniform Civil Code
• Every religion will say it has a right to decide various issues
as a matter of its personal law
What did the Article 44 contained in part IV of the Constitution says

Constituent that the state “shall endeavour to secure for the citizens a
uniform civil code throughout the territory of India”

Assembly say
about the UCC?
While there is no draft or model document yet for the
UCC, the framers of the Constitution envisioned that it
would be a uniform set of laws that would replace the
distinct personal laws of each religion with regard to
matters like marriage, divorce, adoption, and inheritance

Part IV of the Constitution outlines the Directive

Principles of State Policy, which, while not enforceable or
justiciable in a court of law, are fundamental to the
country’s governance
What did the The clause on UCC generated substantial debate in the
Constituent Assembly about whether it should be included as

Constituent a fundamental right or a directive principle

Assembly say The matter had to be settled by vote; with a majority of 5:4,
wherein the sub-committee on fundamental rights headed by

about the UCC?

Sardar Vallabhbhai Patel decided that securing a UCC was not
within the scope of fundamental rights

He felt the UCC would come in the way of Article 19 of the

draft Constitution which guarantees the right to freedom of
religion subject to public order, morality, and health

He stated that the Article “merely” proposed that the state

shall endeavour to secure a UCC, which means it would not
impose it on all citizens
What has the
Supreme Court said The Supreme Court in various judgements has called for
about the UCC? the implementation of the UCC

Ahmed Khan vs Shah Bano Begum judgement of 1985,

where a divorced Muslim woman demanded maintenance
from her former husband, the apex court while deciding
whether to give prevalence to the CrPc or the Muslim
personal law, called for the implementation of the UCC

The Court also called on the government to implement the

UCC in the 1995 Sarla Mudgal judgement as well as in
the Paulo Coutinho vs Maria Luiza Valentina Pereira case
What has the The Modi government in 2016 requested the
Law Commission of India to determine how
Law Commission to form a code in the presence of “thousands
said? of personal laws” in the country

In 2018, the Law Commission submitted a

185-page consultation paper on the reform of
family law

The Commission suggested certain measures

in marriage and divorce that should be
uniformly accepted in the personal laws of all
religions
What is the
government’s
While the UCC is a long-time poll promise of the BJP, Union Law
Minister Kiren Rijiju said in Parliament this year that the
government currently had no plans to set up a panel to implement
stance? the UCC and requested the 22nd Law Commission of India to
undertake an examination of various issues relating to the same

Experts argue that if there is plurality in already codified civil and

criminal laws, how can the concept of ‘one nation, one law’ be
applied to diverse personal laws of various communities

The Supreme Court in various judgements has called for the

implementation of the Uniform Civil Code The Law Commission
suggested certain measures in marriage and divorce that should be
uniformly accepted in the personal laws of all religions
What are the In the lead-up to the Assembly elections, Union Home

controversies Minister, Amit Shah announced that a Uniform Civil

Code will be put into effect in Himachal Pradesh if the

surrounding the Bharatiya Janata Party wins the Assembly elections

UCC? The BJP-led state government in Uttrakhand has

already established a committee to implement a
Uniform Civil Code for the state

The enactment of the UCC infringes on the right

under the Constitution to practice the religion of one's
choice, which gives religious communities the ability to
adhere to their own regulations
UNIFORM CIVIL
CODE AND
ARGUMENTS FOR
& AGAINST
Arguments in
favour of the It will Integrate India- India is a country with many religions, customs and

Uniform Civil Code

practices

Will Help in Reducing Vote Bank Politics- A UCC will also help in reducing vote
bank politics that most political parties indulge in during every election

Personal Laws Are a Loophole- By allowing personal laws we have constituted

an alternate judicial system that still operates on thousands of years old values

Sign of a modern progressive nation- It is a sign that the nation has moved away
from caste and religious politics

It will Give More Rights to Women- Religious personal laws are misogynistic in
nature and by allowing old religious rules to continue to govern the family life we
are condemning all Indian women to subjugation and mistreatment
Arguments in All Indians Should be Treated the Same- All the laws related to marriage,
inheritance, family, land etc. should be equal for all Indians

favour of the It Promotes Real Secularism- A uniform civil code doesn’t mean that it will

Uniform Civil
limit the freedom of people to follow their religion, it just means that every
person will be treated the same and all citizens of India have to follow the same
laws regardless of any religion

Code Change has been the law of nature-A minority of people should not be allowed
to pick and choose the laws they want to be administered under

Many provisions of specific personal laws are in violation of human rights

Article 25 and Article 26 guarantee the freedom of religion and UCC is not
opposed to secularism
Arguments in favour of
the Uniform Civil Code
• The codification and unification
of the variegated personal laws
will produce a more coherent
legal system
Arguments The main argument against a UCC is that it violates the constitutional

Against a UCC
freedom to practice the religion of choice which allows religious
communities to follow their respective personal laws

Additionally, the fundamental rights sub-committee of the Constituent

Assembly of India deliberately kept did not include a UCC as a
fundamental right

Secondly, it is also argued that if codified civil laws and criminal laws like
the CrPC and IPC don't follow ‘one nation, one law’, then how can this
diktat be applied to diverse personal laws of various communities?

Thirdly, did the framers of the constitution intend total uniformity?

And finally, it is alleged that a UCC will impose a Hinduised code for all
communities
Do you know about Uniform Civil Code
in Goa?
• Pros of Uniform Civil Code- To provide equal status to all
citizens irrespective of their religion, class, caste, gender,
etc.- To promote gender equality
 The Uniform Civil Code in Goa is a progressive law that allows

Do you know equal division of income and property between husband and
wife and also between children

about Uniform Every birth, marriage and death have to be compulsorily

registered

Civil Code in Muslims who have their marriages registered in Goa cannot

Goa? practice polygamy or divorce through triple talaq

During the course of a marriage, all the property and wealth

owned or acquired by each spouse is commonly held by the
couple
Each spouse in case of divorce is entitled to half of the property
and in case of death, the ownership of the property is halved for
the surviving member
The parents cannot disinherit their children entirely
Uniform Civil The task of actually devising a set of rules that will govern all
Code – communities is a very formidable and tedious one considering
the vast range of interests and sentiments to be accounted for

Challenges in its Misinformation about UCC – Content of UCC has not been

Implementation
spelt out leading minorities to believe that it is a way of
imposing majority views on them

Lack of political will due to the complexity and sensitivity of

the issue

Different religious communities have different personal laws

which lead to the politicization of the UCC debate
Suggestions for
Implementing a
A progressive and
The Uniform Civil
broadminded outlook
Code should be
should be encouraged
drafted keeping in

Uniform Civil
among the people to
mind the best interest
understand the spirit
of all the religions
of the UCC

Code
A committee of
eminent jurists should The matter being
be constituted to sensitive in nature, it is
maintain uniformity always better if the
and care must be initiative comes from
taken not to hurt the the religious groups
sentiments of any concerned
particular community
What are the
Implications of
Uniform Civil Code
on Personal Laws? Protection of Vulnerable Section of Society

The UCC aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious
minorities, while also promoting nationalistic fervour through unity

Simplification of Laws

A Uniform Civil Code will simplify the complex laws around marriage ceremonies,inheritance, succession, adoptions,
making them one for all

Secularism is the objective enshrined in the Preamble; a secular republic needs a common law for all citizens rather than
differentiated rules based on religious practices

If a UCC is enacted, all personal laws will cease to exist

What are the
Implications of The customary
practices among
It is also a myth
that Hindus are
Uniform Civil Code various
communities vary a
governed by one
uniform law
on Personal Laws? lot

The Constitution
Lack of uniformity
itself protects local
in personal laws
customs of
is also true of
Nagaland,
Muslims and
Meghalaya and
Christians
Mizoram
Communal
The demand for a uniform civil code has been framed
Politics in the context of communal politics

A large section of society sees it as majoritarianism

under the garb of social reform

Article 25 of Indian constitution, that seeks to preserve

the freedom to practise and propagate any religion
gets into conflict with the concepts of equality
enshrined under Article 14 of Indian Constitution
Conclusion While saying that a UCC "is neither necessary nor desirable at
this stage", a 185-page report published in 2018 by the Law
Commission recommended that discriminatory practices,
prejudices, and stereotypes within a particular religion and its
personal laws should be studied and amended

The Supreme Court in various judgments has called for the

implementation of a UCC, most famously in the Shah Bano
case

According to my point of view for an ideal state UCC would be

an ideal safeguard of citizens’ rights
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