Title of Paper

Need and Importance of Implementation of UCC

in India

- Submitted by -
Dr. Bhagyashree A. Deshpande
Associate Professor
[B.E. LL.M. Ph.D. (Law)]
Dr. Panjabrao Deshmukh College of Law,
Amravati
Mob. 9822724558

E-mail ID : bhagyashri.deshpande72@[Link]
(B-101, Vijay Rudra Apts. Ashiyad Colony,
Shegaon Road, Amravati – 444 604)
 Need and Importance of Implementation of UCC in India

Dr. Bhagayashree A. Deshpande

Associate Professor
Dr. Panjabrao Deshmukh College
of Law, Amravati.
Mob. No. 9822724558

Introduction
In the countries of the world, specifically in UK and USA; there is one law
for governing the rights of the people in all matters including family matters.
There is no provision of personal laws. This is possible where one or two religions
prevail. In India, there is the diversification of the laws and rules. On this
backdrop, as an author I want to throw a light on the need and importance of
implementation of UCC by considering the issues and challenges in implementing
it. The concept of Uniform Civil Code (UCC) is incorporated under Article 44 of
the Constitution of India. Article 44 is one of the Directive Principles of State
Policy incorporated under Part IV of the Indian Constitution.

Hypothesis
Implementation of UCC is urgently needed as it is essential and significant
for the removal of religious inequality amongst various religions, to achieve a
spirit of national integration, gender justice and the concept of secularism in true
sense in the fields of marriage, divorce, maintenance and succession etc.

Research Methodology
Research Methodology adopted for the writing this research paper is
Doctrinal Research Method (Methodology).

In India, there is the diversification of religion. It has become a debatable

issue that whether to implement UCC & How to implement it? Recently in 2018,
Law commission submitted a report that UCC is not feasible at present. On this
backdrop, I want to throw a light on the need and importance of implementation of
UCC by considering the issue and challenges in implementing it. The concept of
UCC is incorporated under Article 44 of the Constitution of India.

Article 44 – The State shall endeavour to secure for the citizens a UCC
throughout the territory of India.

Meaning of UCC

The UCC means and includes an applicability of equal laws to all the
persons/ Indian citizens irrespective of caste, creed, religion, sex, colour etc. on
basis of uniformity. UCC is the outgoing point of debate within Indian mandate to
replace personal laws based on the scriptures and customs of each major religious
community in India with a common set of rules governing every citizen. There is
difference between codification and unification. Codification of Personal Laws is
different and distinguished from unification of law through UCC.

Issues and challenges in the Implementation of UCC

 Customs prevailing amongst various religions are different and

distinguished i.e. Hindus, Muslims, Christians and Parasis specifically in
the areas of marriage, divorce, maintenance, succession, inheritance,
adoption, guardianship etc. The persons following their respective religious
are in favour to keep their personal laws unchanged/untouched as they
think that the customs/tenets prevailing in my community and religion are
superior and supreme.
 Due to pressure of common spirit of the community which is referred as
“volkgeist” by the eminent jurist Savigny, no political party could dare to
touch or change personal laws yet which are based on respective religions.
The political apprehend that it would adversely affect on their “vote-bank”.
 It is considered that the provisions under Article 44 and Article 25 are
contradictory and controversial. The Supreme Court of India held that
wherever there is a conflict between Fundamental Rights and Directive
Principles; Fundamental Rights shall prevail.
 Personal laws of different religions are quite different specifically Hindu
and Muslim Laws are poles apart. So it is not easy to implement UCC.
  Some members of CAD were with the opinion that UCC should be not
there and State should not interfere the religious matters. Dr. B.R.
Ambedkar was in favour of UCC but subject to its purely voluntary
application at least at its initial stage.
 Personal laws are not laws within the meaning of Article 13 of the
Constitution (Supreme Court of India). So personal laws can’t be
challenged on the basis of unconstitutionality.

Need and Importance of UCC

 To remove diversification and inequalities which are incorporated under
the provisions of various personal laws such as –
o Marriage (monogamy, polygamy), Divorce Judicial and extra
judicial, Dower, Maintenance, Will, Adoption, Gift, Unilateral
Talaq, Conparcenary system etc.
 To fulfill a true concept of secularism as UCC will not take off the right to
perform rituals and worship etc.
 Law and religion are two different things. Unification of law in the matters
of marriage, divorce, maintenance, succession etc. is a need of an hour to
fulfill the concept of national integration, to maintain the unity in diversity
and to fulfill the concept of equality in diversity, equality under Article 14
& 15(1).
 To serve an object of gender justice all religions are gender biased. Give
inferior status to women. If the best provisions from various religious are
selected and adopted and UCC is formulated, it will serve an object or
gender equality and justice.
 Unaltered Talaq is a violation of gender equality under Muslim Personal
Law. UCC is solution to it.
 There are wide difference under the provisions of Hindu, Muslim, Christian
and Parsi laws in the matter of succession and guardianship. To remove
these inequalities and to treat all the Indian citizens at par UCC is needed.

Cases Laws and Conclusion

Some Landmark Cases Laws

  In Shah Bano Begum1, 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 religious. The Court speaking through Chief Justice Y.V. Chandrachud
held:

"It is also a matter of regret that Article 44 of our Constitution has

remained a dead letter.......

 In S.S. Chopra2, D. Chinnappa Reddy, J speaking for the court referred to the
observations of Chandrachud, C.J. in Shah Bano Begum's case and observed
as under –
".......The present case is yet another which focuses.... on the
immediate and compulsive need for a uniform civil code. The totally
unsatisfactory state of affairs consequent on the lack of a uniform civil code
is exposed by the facts of the present case..........."

In S. Mudgal3, a division of bench of the Supreme Court strongly advocated the

introduction of a uniform civil code in India.

 In Seema v. Ashwani Kumar4 , the Supreme Court has held that all
marriages, irrespective of their religious, be compulsorily registered. This
was first step towards uniform civil code.
 In Shayara Bano Case5, the Supreme Court established gender equality by
abolishing triple talaq.

Conclusion

1
[Link] Khan vs. Shah Bano Begum, AIR 1985, SC 945.
2
Ms. Jordan Deigndeh v. S.S. Chopra, AIR 1985 SC 935.
3
S. Mudgal v. Union of India, AIR 1995 SC 1531.
4
AIR 2006 SC 1158.
5
Shayara Bano v. Union of India and Others Writ Petition (C) No. 118 of 2016. (2017 Judgment.)
  Due to vast religious diversities, implementation of UCC has not become
possible yet. Its implementation is a need of an hour to fulfil the basic tents
embodied in our Constitution i.e. equality and secularism. UCC will serve a
purpose of maintenance of true equality in the country.
 It is crucial for the abolition of polygamy and Unilateral Talaq which are
violation of Gender equality and creating injustice to the women.
 Unless the women, irrespective of their religious affiliation have been
conferred equal rights on par with men in personal matters, the
constitutional mandate of right to equality of status and opportunity cannot
be implemented. However adequate care should be taken to see that only
the rights are made uniform and not the rituals which are inherent part of
the culture and religion as otherwise it would violate the basic structure of
the constitution viz. secularism.6
 There is no conflict between Article 44 & 25 as law and religion are
different.
 Law should change in accordance with the changing needs and goals of the
society. It should not be static. But it should be dynamic. To fulfill this,
UCC is needed.
 All religions are gender biased. Give inferior status to women. If the best
provisions from various religions are selected and adopted and UCC is
formulated it will serve an object of gender justice, equality, national
integration and common spirit.
 UCC is a step towards amicable Tomorrow.

6
Retrieved from Dr.G.B. Reddy, Women and Law, Rep. ed. 2015, Gogia Law Agency, Hyderabad,
pp.71..