The research paper illuminates the issue relating to the uniform civil code and
manages the legitimate perspective in India. The execution of uniform civil code
(UCC) is one of the most debatable topics of the contemporary times. Uniform
civil code (UCC) supplants personal laws based on scriptures, sacred writings,
and customs of each major religious community in India with a typical set of
rules governing every citizen.
Uniform civil code (UCC) discovers its reference
in our Constitution under Article 44 of Directive Principles of State Policy (DPSP)
which expresses that it is the obligation of the state to verify for its
citizens a uniform civil code (UCC) throughout the territory of India. Uniform
Civil Code is an solution to every problem related to personal laws. Further, it
would also help in promoting secularism, equality and gender justice.
intends to give its per user a definite knowledge of uniform civil code (UCC),
the benefits that it will showcase upon it execution and the issues that is
upsetting the usage of the equivalent. Authors here, have made an attempt to
find an expedient way to deal with uniform civil code (UCC). The research
depends on optional sourced information which incorporates books, magazines,
journals and articles. They have been explored for the study.
With a mélange of populace, India’s diversity is extensive and has no end. It is
a country with diversity in culture, customs, rituals, faith, religion and many
more to count on. While the same criminal code is applied to all the citizens of
the country regardless of their religion, race, caste, sex and place of birth,
there is no such similar code controlling adoption, marriage, maintenance,
divorce and succession which comes under the personal laws.
The designer of the
Constitution with the intention to execute uniformity in the personal laws
consolidated Article 44 which states that the state shall endeavor to secure for
all citizens a uniform civil code throughout the territory of India. Uniform
Civil Code essentially seeks to supplant personal laws which depends on the
customs of every religion and such laws fundamentally addresses five general
classification: Marriage, Divorce, Maintenance, Adoption and Succession.
main purpose behind its implementation is to put an end to the discrimination
based on religious ideologies, to promote the concept of secularism in the real
sense and to eradicate the problem of gender biased ness. Basically, all it seeks
to execute is that every citizen of the country be of any religion or any
community or any gender is adjudged on the same platform, in regard to all civil
matters and no citizen is governed by its own personal laws. Notwithstanding,
numerous judgments deciding for execution of Uniform Civil Code (UCC), the issue
is yet not enacted even after 72 years of Independence.
Need For Uniform Civil Code:
India, being a multilingual and multi-cultural society, possessed by different
religions and customs and is known for its diversity. However, with the passage
of time, these religions have become strict compartments, wherein the religious
practices and customs restrict its followers in many different ways.
Marriage Institution is the basic unit, started by people, where two people,
that is, a man and a woman unite together, become husband and wife to form a
family. It has nothing to do with religion. To begin with the concept of
inter-religious marriages have always been an issue in the Indian society. The
thought of inter-religious marriages are seen as an interloper term which is not
accepted by the society. The people who have undergone these inter-religious
marriages are ostracized by their family members. They are not given an equal
status in the society. They struggle to get equal status. There are as many
personal laws as there are as many religions and they govern them separately.
Having different laws for every religion, it had created a divide among people.
The people have been classified into compartments and groups. They are not
treated as Indians first, but as Hindu, Muslim, Christian or Parsi. Not only
marriage, there are many elements like divorce, maintenance, succession and
adoption, which have created chaos and confusion as to which laws to follow.
In India, we have 55% of citizenry below 25 years of age. So, we can assert that
half of the population is youth. In a country, where half of the populace is
teenage, requires variations and unlikeness. The youth always aspire for new
thoughts and solutions. At every generation, youth is the only stage who brings
huge and observational changes in the society for the upliftment of the society.
This generation of youth requires changes that can help bring uniformity in the
country. These are the people who have ability to bring about a shift in this
effect. These are the people whose main objective is to bring a rational between
inter-caste marriages and the society norms.
Thus, there is an urgent need to bring about a single code that could govern
various religions, castes, class, rituals and even customs. There must a law
that imposes penalty/punishment on those who protest inter-religious marriages.
When a marriage has been solemnized with the free consent of both the parties,
religious distinction between the two should not come in the way of a perfectly
The Lex Loci report:
The initiative for UCC first began in India in the 19th century by the feminists
who demanded equal rights for women. The Lex Loci report of 18401 said that the
Indian laws relating to criminal, contract and evidence should be codified while
the personal laws for the country should be kept outside the reach of it.
British initially were analytical about the inclusion of religion into a uniform
civil code. They refrained from interfering with the religious anthropology of
the country, fearing a communal backlash. Uniformity was restricted only to the
laws that excluded the matters of religion.
The framers of the constitution were convinced about the fact that there is a
need of uniformity in the law prevailing the territory. Dr. B. R. Ambedkar being
the epicenter of the drafting committee felt the need of a Uniform Civil Code
that would govern the masses, while Pandit Nehru was convinced to an extent that
the UCC needed modernization due to its communal sensitivity and it would be
seen as an annexation into the cultural fold of the country.
The country was
still soaked in the blood of the victims of partition which also was a matter of
concern for the government. The times changed but the dream of a uniform civil
code still remains unrealized even after 72 years of Indian independence.
Present day scenario:
UCC has been a hot topic of debate for the past 6 decades. Even today people are
still unclear about the consequences of the implementation of the Uniform Civil
Code (UCC). Many believe it to be a majoritarian agenda which will favour only a
single community while others see it as a force that will unite the nation and
bind it together.
The ongoing debate is about the violation of the fundamental
rights and the eradication of religious autonomy. The provisions of Uniform
Civil Code (UCC) should relate to matters where human rights are violated and
the autonomy of practicing the religion prevails.
Position Of The Supreme Court:
The Supreme Court seems to have a divided opinion on the introduction of a
Uniform Civil Code. On one hand, it has rejected attempts to do so through
public interest litigation but on the other, it has recommended early
legislation for its implementation.
In Pannalal Bansilal v. State of Andhra Pradesh
2, it held that a uniform law
though highly desirable, the enactment thereof in one go may be
counter-productive to the unity and integrity of the nation. Gradual progressive
change should be brought about.
Similarly, in Maharishi Avadhesh v. Union of India
3, the Supreme Court dismissed
a writ petition to introduce a common Civil Code on the ground that it was a
matter for the legislature and in Ahmedabad Women Action Group v. Union of
, the Supreme Court showed reluctance to interfere in matters of personal
But in Sarla Mudgal v. Union of India4, the Supreme Court directed the then
Prime Minister P.V. Narsimha Rao to take a fresh look at Article 44, which the
Court held to be imperative for both protection of the oppressed and promotion
of national integrity and unity. It instructed the Union Government through the
Secretary to Ministry of Law and Justice to file an affidavit, enumerating the
steps taken and efforts made by the Government towards achieving a common civil
code for the citizens of India.
The Division Bench of Kuldip Singh and R.M.
Sahai said that since 1950 a number of Governments have come and gone but have
failed to make any efforts towards implementing the constitutional mandate under
Article 44. It is based on the concept that there is no necessary connection
between religion and personal law in a civilized society. No religion permits
deliberate distortion. Marriage, succession and the like are matters of a
secular nature and therefore can be regulated by law. Unfortunately, it was
later clarified in an appeal that the direction issued by the Court was only an
obiter dicta and not legally binding on the Government.
In John Vallamattom v. Union of India
5, it was held that Articles 25 and 26 of
the Constitution protect only those rituals and ceremonies which form an
integral part of a religion, and that matters of a secular character cannot be
brought under the guarantee enshrined under them. The Chief Justice of India
firmly emphasized that enactment of Uniform Civil Code would end all such
problems arising out of ideological conflict.
In Danial Latifi v. Union of India
6, a very controversial question of political
significance (in the background of a secular constitution and the concept of
welfare state) was revisited i.e. whether or not a divorced Muslim woman after
divorce post iddat period is entitled to maintenance by her husband. Here, the
Supreme Court adopted a middle path and held that reasonable and fair provisions
include provision for the future of the divorced wife (including maintenance)
and it does not confine itself to the iddat period only.
Need To Abolish The Evil Of Triple Talaq:
Triple Talaq is an unreasonable and an inhumane concept. It has questioned the
position and status of Muslim women in India. This concept of triple talaq was a
deleterious weapon in the name of husband. There is no scope of compromise
between the spouses. With the advent of new technology and communication
methods, triple talaq have become more popular and this process can be done even
by both oral and written communication channels. This approach not only abstains
the Muslim women from the rights given to them under Holy Quran, but also makes
them the figurine in the hands of husbands.
Shamim ara v. State of U.P. 7
In this case, the learned judge expressed disapproval of the statement that “the
whimsical and capricious divorce by the husband is good in law, though bad in
theology” and observed that such a statement is based on the concept that women
were chattel belonging to men which the Holy Quran does not brook.
Shayara Bano v Union of India:The learned counsel for the petitioners put forward the following arguments:
- Violation of the fundamental rights guaranteed under Article 14, 15 and
21 of the Constitution.
- Ban on Triple Talaq in the Muslim majority nations around the world.
- Talaq-i-biddat should be banned the same way the practices of Sati, Devdasi
and Polygamy amongst Hindus were banned despite being prevalent for centuries.
- Talaq-i-biddat gives to the husband the unilateral and unbridled power to
divorce their wives and the latter have absolutely no say in the matter.
contention was supported with reference to the tradition of Sunni Muslims:
Effects Of Uniform Civil Code:
Uniform Civil Code is still a debatable topic. It is not yet sure whether this
would be implemented or not. But, on a very high note, it is very necessary to
implement Uniform Civil Code in a country like India, where many religious
groups have their personal laws that makes it stringent for a person to seek
redressal. Secularism promotes the idea of coexistence. While secularization
disregards religions as a whole, much similar to atheism.
The issue of triple talaq has once again ignited the age-old debate on the desirability of the
uniform civil code (UCC) in India. The outcomes will be in a very positive way
that is in everyone favor and there will be the genesis of a new secular nation
in which everyone will be treated equally without any discrimination between the
So the implementation of uniform civil code will be new life for the women who
are not getting their rights. The Muslim women will be treated equally because
then there will be common laws for everyone after its implementation as there
will be common personal laws for everyone no discrimination. At present because
of absence Uniform Civil Code (UCC), someone can marry with four girls which
leads to forty kids.
Now, these forty kids practically grow up without any
father supervision. In animals, kids are grown by females of the species, in
humans, male (Father) also take active role in bringing up of kids so if Uniform
Civil Code (UCC) will be implemented we will have more father involved in
bringing up of kids which will give more Civilized Citizens to India Means Fewer
Crimes; More Educated Citizens will help in the development of the society as
well as the nation. Sometimes family planning also plays an important role in
the upliftment of the nation as well as society.
It will be a major sign of change for the whole nation because one or the other
way it will be helpful for different sect of people in the society such as for
women, religious groups, minorities, tribes etc. Women will never feel inferior
in the society, their standard will be upgraded and there will be equal respect
and honor for them too. In the other way, they can think of competing with men
at every level and in every field. In changing the whole scenario there can the
great hands of Uniform Civil Code (UCC) which is only possible after its
India is a country with diversity. There is diversity in culture, faith,
rituals, background and religion. Every different sect of people is driven by
their own set of beliefs. And so is every different religion, which runs by its
own personal laws. These rigid, unbending and sectionalized personal laws which
cannot in any likelihood be influenced by others might have the propensity to
strangulate any form of social reform or social change.
Thus there is a huge
demand and need of the hour for Uniform Civil Code (UCC) to be implemented in
the country. Implementation of UCC would be a symbol for a country as a modern
progressive nation, flying high without any strains of discrimination. It is a
sign of divorcing from discrimination in all way and standing in favor of every
citizen in every aspect irrespective of his gender or religion.
Written By: Falguni Agrawal,
- 1996 AIR 1023 1996 SCC (2) 498
- AIR 1991 All 52
- AIR 1995 SC 1531
- Writ Petition (civil) 242 of 1997
- Writ Petition (civil) 868 of 1986
- Appeal (crl.) 465 of 1996
B.B.A. LL.B Student 2nd Year, New Law College, Bharati Vidyapeeth,
E-mail Address: [email protected]
Phone no.: 7049930716