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Uniform Civil Code

The document discusses the comments made by a judge during the Shah Bano case regarding the need for a Uniform Civil Code (UCC) in India, highlighting the inadequacies of personal laws in protecting women's rights. It emphasizes that Article 44 of the Constitution, which mandates a UCC, has not been acted upon, and calls for the state to take the initiative in reforming personal laws for national integration. The judge argues that piecemeal judicial efforts cannot replace the necessity for a comprehensive UCC to ensure justice for all citizens.

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Krishna Pamnani
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13 views1 page

Uniform Civil Code

The document discusses the comments made by a judge during the Shah Bano case regarding the need for a Uniform Civil Code (UCC) in India, highlighting the inadequacies of personal laws in protecting women's rights. It emphasizes that Article 44 of the Constitution, which mandates a UCC, has not been acted upon, and calls for the state to take the initiative in reforming personal laws for national integration. The judge argues that piecemeal judicial efforts cannot replace the necessity for a comprehensive UCC to ensure justice for all citizens.

Uploaded by

Krishna Pamnani
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Uniform civil code

Judge ‘s comments during the shsh bano case

The facile answer of the Board is (that the Personal Law has devised the system of Mahr to meet the
requirements of women and if a woman is indigent, she must look to her relations, including nephew
and cousins, to support her. This is a most unreasonable view of law as well as life. We appreciate
that Begum Temur Jehan, a social worker who has been working in association with the Delhi City
Women's Association for the uplift of Muslim women, intervened to support Mr. Daniel Latifi who
appeared on behalf of the wife It is also a matter of regret that Article 44 of our Constitution has
remained a dead letter. It provides that "The State shall endeavour to secure for the citizens a
uniform civil code throughout the territory of India". There is no evidence of any official activity
for framing a common civil code for the country.A belief seems to have gained ground that it is for
the Muslim community to take a lead in the matter of reforms of their personal law.A common Civil
Code will help the cause of national integration by removing disparate loyalties to laws which have
conflicting ideologies. No community is likely to bell the cat by making gratuitous concessions on this
issue. It is the State which is charged with the duty of securing a uniform civil code for the citizens of
the country and, unquestionably, it has the legislative competence to do so.A counsel in the case
whispered, somewhat audibly, that legislative competence is one thing, the political courage to use
that competence is quite another. We understand the difficulties involved in bringing persons of
different faiths and persuasions on a common platform But, a beginning has to be made if the
Constitution is to have any meaning. Inevitably, the role of the reformer has to be assumed by the
courts because, it is beyond the endurance of sensitive minds to allow injustice to be suffered when
it is so palpable. But piecemeal attempts of courts to bridge the gap between personal Laws cannot
take the place of a common Civil Code. Justice to all is a far more satisfactory way of dispensing
justice than justice from case to case.

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