uniform civil code will unify india essay

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Uniform Civil Code in India: Suggestions, Challenges and Essay for UPSC Notes

The Uniform Civil Code is based on the idea of one country, one code that applies to all faith groups. Part 4, Article 44 of the Indian Constitution specifically mentions the term “Uniform Civil Code.”

Since the first petition was submitted in 2019 to demand the creation of a UCC to promote national integration and gender equality, justice, and dignity of women, it has become a hotly disputed topic in India. Questions from it can be asked in the IAS Exam in GS-II (Governance), Mains GS-1 (Indian Society), Prelims, and also Essay papers.

This article will give you all the important notes and information about the uniform civil commission in India. The law commission reports behind the uniform code, when it was formed and why it was formed, all the data will be provided here.

Uniform Civil Code in India: UPSC Essay Introduction Paragraph

A Uniform Civil Code indicates that all members regardless of faith, society, will be treated equally under a national civil code that will be applied similarly to all.

They address topics such as inheritance, divorce, adoption, marriage, child support, and property succession. It is founded on the assumption that in modern culture, there is no link between law and religion.

Also Read: Uniform Civil Code: The Complete Guide to Important UPSC Notes

Features Of Uniform Civil Code of Goa

# In Goa, the Uniform Civil commission is a progressive statute that allows for an equitable distribution of income and property between husband and wife, as well as children (regardless of gender).

# Every birth, marriage, and death must be legally recorded. There are numerous provisions for divorce.

# Polygamy and triple talaq are not permitted for Muslims whose marriages are registered in Goa.

# During the course of a marriage, the couple shares all of the property and wealth that each spouse owns or acquires.

# In the event of a divorce, each spouse is entitled to half of the property, and in the event of death, the surviving member’s ownership is halved.

# Parents cannot completely disinherit their offspring. A minimum of half of their assets must be passed on to the children. This inherited property must be divided among the children equally.

Also Read: How to Write an Essay? 9 Tips To Score Better in UPSC Essay Paper

Suggestions for Bringing Up a Uniform Civil Code

The following suggestions must be considered immediately in order to achieve the DPSP’s goals and maintain legal uniformity

# People should be encouraged to have a progressive and open-minded mindset in order to grasp the spirit of the UCC. Education, sensitization and awareness programmes must be implemented to achieve this.

# The Uniform Civil commission should be written with the greatest interests of all religions in mind.

# To maintain uniformity, a committee of distinguished jurists should be formed, and care must be taken not to offend the feelings of any particular group.

# Given the sensitivity of the subject, it is always preferable if the initiative comes from the religious groups involved.

Uniform Civil Code: Historical Perspective (Second Paragraph)

The perspective of the commission comes from the history of colonial times.

Pre-Independence: Colonial Era

# The October 1840 Lex Loci Report emphasised the need and necessity of uniformity in the codification of Indian law, particularly in the areas of crimes, proof, and contract. However, it was also recommended that Muslim and Hindu personal laws be left out of such codification.

# The Proclamation of the Queen of 1859 pledged complete non-interference in religious affairs.

Post-Colonial Era

Famous leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar campaigned for a standard civil code during the constitution’s development.

However, because of religious fundamentalist opposition and a lack of public understanding at the time, they included the UCC in the Directive Principles of State Policy (DPSP, Article 44).

The Hindu Code Bill

Dr B R Ambedkar drafted the bill to modify Hindu laws that legalised divorce, prohibited polygamy, and provided daughters inheritance rights. Despite fierce opposition, a reduced form of the code was passed through four different statutes.

Succession Act

Originally, the Hindu Succession Act of 1956 did not grant daughters any inheritance rights in the family property. They could only beg for a right to food from a Hindu family that lived together. However, on September 9, 2005, an amendment to the Act was passed, which eliminated the difference.

Minority and Guardianship Act

The Hindu Marriage Act

Adoptions and Maintenance Act

Special Marriage Act

It was passed in 1954 and allows legal marriages to take place outside of any religious personal law.

Also Read: What Is the UAPA Act? Here’s All You Need to Know about the Act for the UPSC Exam

Law Commission Report: Uniform Civil Code in India (Third Paragraph)

According to the Law Commission study, the way forward may not be a Uniform Civil commission, but rather the codification of all personal laws so that stereotypes and prejudices in each one can be exposed and tested against the Constitution’s Fundamental Rights.

Merits of Uniform Civil Code

Given below are the merits of the law commission of the UCC or the Uniform Civil Code. The UCC has many advantages because it is a commission for equality, liberty and franchise.

National Integration

A single commission is essential for the protection of India’s most vulnerable citizens (religious minorities and women), as well as the development of solidarity and national unity.

Simplification of Laws

# There are numerous personal laws, such as the Sharia Law, Hindu Code Bill, and others.

# The existence of so many laws leads to complexity, confusion, and inconsistency in the adjudication of personal matters, which can result in delayed or no justice.

# This overlapping of laws will be eliminated by the UCC.

Simplification of the System

UCC will lead to a decrease in litigation originating from numerous personal laws.

Establishing a Secular Nation

# UCC will separate law from religion, which is a very desirable goal in a socialist and secular society.

# Furthermore, it complies with Article 44 of the Directive Principles of State Policy, which is a constitutional duty.

Gender Justice

# Women’s rights are frequently restricted under patriarchal rhetoric by religious regulations.

# UCC will free women from patriarchal oppression and grant them the right to liberty and equality that they deserve.

# UCC would lead to the defeat of divisionist and communal movements in the long run.

Way Forward UCC (Conclusion)

India has a unique mix of Parsi, Muslim, Christian and Hindu personal laws codified. There is no single family-related law for all Indians in a single statute book that is acceptable to all religious faiths that coexist in India. However, the majority of them agree that UCC is unquestionably desirable and would contribute significantly to the building and consolidation of Indian nationhood.

Furthermore, although the United States Constitution endorses the cause of a uniform civil code in Article 44, it should not be misinterpreted as a “common law.”

The term “uniform” refers to the fact that all communities must be governed by the same gender and human equity principles.

Each personal law will be humanised and modernised as a result.

It would imply different personal rules founded on ideals of liberty, fairness, and equality, rather than common law.

Practice Questions for Uniform Civil Code for UPSC

Here are some questions which are asked in the previous papers of UPSC

# What are your thoughts on the Uniform Civil Code? Examine its applicability in a secular country like India, as well as the obstacles to its implementation. (maximum 250 words)

# Examine the elements that may prevent India from implementing a unified civil commission for its inhabitants, as required by the directive principles of state policy.

# On the one hand, there is no necessary link between religion and personal laws, while civil and personal laws are distinct on the other. Discuss the need for a consistent civil commission and the various issues that come with it in this setting.

# Essay Question: In a secular India, a Uniform Civil Code is Required.

Also Read: UPSC Test Question with Answers: Practice Set for UPSC Current Affairs

This article is an essay on the uniform civil code of India and talks about the challenges, suggestions and also the arguments. The aspirants should take down these as important notes, and also form revision notes as bullet points as uniform civil code is a very crucial topic in the UPSC.

It can be asked in current affairs, general studies papers and even as an essay topic. There are many videos that talk about this topic and many debates which give you the perfect idea of what this topic is all about.

Hopefully , this article helped you with all the data and information that you were looking for. What is your opinion on the Uniform Civil Code of India? Drop your explanation in the comments section below.

Also Read: What is Section 66A of the IT Act? Here is All the Information for UPSC Preparation

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uniform civil code will unify india essay

Essay Writing on Uniform Civil Code will unify India

India is a diverse nation with a rich cultural heritage. However, it is also a country with a complex legal system, particularly when it comes to personal laws related to marriage, divorce, inheritance, and adoption. To simplify and unify the personal laws in India, there has been a long-standing demand for the implementation of a Uniform Civil Code (UCC). In this essay, we will examine how the implementation of a UCC can unify India.

Firstly, a UCC will promote national integration. The implementation of a UCC will help create a sense of unity and oneness among different communities in India by removing the differences in personal laws based on religion, caste, and community. It will provide a common platform for all citizens to access justice and ensure equal treatment before the law.

Secondly, a UCC will promote gender equality. Personal laws related to marriage, divorce, and inheritance vary significantly across different religions and communities, often discriminating against women. A UCC will ensure gender equality by providing a uniform set of laws that are applicable to all citizens, irrespective of their religion or community.

Thirdly, a UCC will simplify the legal system. The implementation of a UCC will simplify the legal system by replacing the complex network of personal laws with a uniform set of laws. This will make it easier for citizens to understand and access justice, reduce legal disputes, and promote judicial efficiency.

Lastly, a UCC will promote secularism. The implementation of a UCC will promote secularism by separating religion from personal laws, which is a critical aspect of a modern, democratic society. It will ensure that personal laws are based on universal principles of justice and fairness, rather than religious beliefs and practices.

In conclusion, the implementation of a UCC in India can unify the country by promoting national integration, gender equality, simplicity in the legal system, and secularism. It is essential for the government to take steps to implement a UCC that balances the interests of different communities while ensuring justice, e quality, and unity for all citizens.

Essay on Uniform Civil Code 1000+ Words

The concept of a Uniform Civil Code (UCC) is a subject of significant discussion and debate. In this essay, I will argue that the implementation of a Uniform Civil Code in a diverse country like India has the potential to promote equality, justice, and legal uniformity.

Defining the Uniform Civil Code

A Uniform Civil Code is a set of laws that apply uniformly to all citizens, regardless of their religion, regarding matters such as marriage, divorce, inheritance, and property rights. India is a nation with diverse personal laws based on religion, which creates disparities.

Addressing Religious Personal Laws

Currently, India follows different personal laws for different religious communities. For example, Hindus, Muslims, Christians, and others have separate laws governing marriage, divorce, and inheritance. This creates inequality and confusion.

Promoting Gender Equality

One of the main arguments in favor of a Uniform Civil Code is its potential to promote gender equality. Under many existing personal laws, women often face discrimination in matters like divorce, inheritance, and property rights.

Case Study: Triple Talaq

The issue of triple talaq in Islamic personal law has been a subject of controversy. A Uniform Civil Code could eliminate practices like instant triple talaq, which have been deemed unfair and oppressive to women.

Legal Uniformity

A Uniform Civil Code would bring legal uniformity to the country. It would simplify the legal system by applying a single set of laws to all citizens, irrespective of their religious beliefs.

Social Cohesion

Implementing a Uniform Civil Code can promote social cohesion by removing religious divisions in personal laws. It can contribute to a more unified and harmonious society.

Arguments Against a UCC

Some argue that a UCC may infringe upon religious freedom and traditions. It’s important to consider these concerns and strike a balance between personal beliefs and the need for equality and uniformity.

International Perspective

Many countries, including some with diverse religious populations like the United States, have uniform civil codes that apply to all citizens. Examining international examples can provide insights into the benefits and challenges of implementing a UCC.

Legal Challenges

Implementing a uniform civil code in a diverse country like India would require careful consideration and planning to address legal complexities and cultural sensitivities.

Conclusion of Essay on Uniform Civil Code

In conclusion, the implementation of a Uniform Civil Code in India is a complex and contentious issue. However, it has the potential to promote gender equality, legal uniformity, and social cohesion. It is essential to have open and respectful discussions to find a balanced approach that respects religious beliefs while ensuring justice and equality for all citizens. A Uniform Civil Code, if implemented thoughtfully, could be a significant step toward a more equitable and unified society.

Also Check: Simple Guide on How To Write An Essay

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Need For A Uniform Civil Code In A Secular India

Uniform Civil Code - Challenges, Suggestions & Debate On UCC [UPSC Notes]

Uniform Civil Code resonates with one country one rule, to be applied to all religious communities. The term, ‘Uniform Civil Code’ is explicitly mentioned in Part 4, Article 44 of the Indian Constitution. Article 44 says, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”

Uniform Civil Code – Indian Polity Download PDF Here

Context : 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.

Questions from it can be asked in the IAS Exam in Prelims, Mains GS-1 (Indian Society), GS-II (Governance), and also Essay papers. This article is an essay on the Uniform Civil Code in India. It talks about the challenges and suggestions in its implementation, part IV of Article 44 of the constitution and debates associated with uniform civil code.

Table of Contents:

Uniform Civil Code – UCC

A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly.

They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization.

What is Article 44?

Article 44 corresponds with Directive Principles of State Policy stating that State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India.

Uniform Civil Code Debate

Historical perspective – The debate for a uniform civil code dates back to the colonial period in India.

The Lex Loci Report of October 1840- It stressed the importance and necessity of uniformity in the codification of Indian law, relating to crimes, evidence and contract. But, it also recommended that personal laws of Hindus and Muslims should be kept outside such codification.
The Queen’s 1859 Proclamation- It promised absolute non-interference in religious matters.

So while criminal laws were codified and became common for the whole country, personal laws continue to be governed by separate codes for different communities.

During the drafting of the constitution, prominent leaders like Jawaharlal Nehru and Dr B.R Ambedkar pushed for a uniform civil code. However, they included the UCC in the Directive Principles of State Policy (DPSP, Article 44) mainly due to opposition from religious fundamentalists and a lack of awareness among the masses during the time.

Some of the reforms of this period were:-

The Hindu code bill -The bill was drafted by Dr.B R Ambedkar to reform Hindu laws, which legalized divorce, opposed polygamy, gave rights of inheritance to daughters. Amidst intense opposition of the code, a diluted version was passed via four different laws.

Succession Act- The Hindu Succession Act, 1956, originally did not give daughters inheritance rights in ancestral property. They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9, 2005

The Hindu Marriage Act

Minority and Guardianship Act

Adoptions and Maintenance Act

Special Marriage Act:

It was enacted in 1954 which provided for civil marriages outside of any religious personal law.
Judicial interventions:

Shah Bano case (1985) :-

A 73-year-old woman called Shah Bano was divorced by her husband using triple talaq (saying “I divorce thee” three times) and was denied maintenance. She approached the courts and the District Court and the High Court ruled in her favour. 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 (Section 125) of the All India Criminal Code, which applied to all citizens irrespective of religion. Further, It recommended that a uniform civil code be set up.

Facts about the case:

Under Muslim personal law, maintenance was to be paid only till the period of iddat. (three lunar months-roughly 90 days ).
Section 125 of CrPC (criminal procedure code) that applied to all citizens, provided for maintenance of the wife.

Impact – After this historic decision, nationwide discussions, meetings and agitations were held. The then government under pressure passed The Muslim Women’s (Right to protection on divorce ) Act (MWA) in 1986, which made Section 125 of the Criminal Procedure Code inapplicable to Muslim women.

Daniel Latifi Case:-

Muslim Women’s Act (MWA) was challenged on the grounds that it violated the right to equality under Articles 14& 15 as well as the right to life under Article 21. 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 Case:-

In this case, the question was whether a Hindu husband married under the Hindu law, by embracing 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 1955. 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 (IPC).

John Vallamattom Case:-

In this case, a priest from Kerala, John Vallamattom challenged the Constitutional validity of Section 118 of 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.

Candidates who are preparing for UPSC 2024 , may check the linked article to know more about the upcoming IAS exam, its pattern, syllabus and more.

The Constitution of India on the Uniform Civil Code

Part IV, Article 44 of the Constitution states that “The State shall endeavour to secure the citizen a Uniform Civil Code throughout the territory of India”.

However, Article 37 of the Constitution itself makes it clear the DPSP “shall not be enforceable by any court”. Nevertheless, they are “fundamental in the governance of the country”. This indicates that although our constitution itself believes that a Uniform Civil Code should be implemented in some manner, it does not make this implementation mandatory.

Uniform Civil Code-The Constitution of India on the Uniform Civil Code

The candidates can read IAS Topper strategies to align their preparation accordingly and be updated with tips and guidelines.

Other constitutional provisions relating to religious freedom and secularism are:

Article 15- No discrimination on grounds of religion, race, caste, sex or place of birth.
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 (2)-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.

The 42nd Constitutional Amendment Act inserted the word ‘secularism’ in the preamble. In the S.R.Bommai vs Union of India case, the Supreme Court held secularism as a basic feature of the constitution.

Goa Civil Code

Goa is the only Indian state to have a UCC in the form of common family law. The Portuguese Civil Code that remains in force even today was introduced in the 19th century in Goa and wasn’t replaced after its liberation.

The Uniform Civil Code in Goa is a progressive law that allows equal division of income and property between husband and wife and also between children (regardless of gender).
Every birth, marriage and death have to be compulsorily registered. For divorce, there are several provisions.
Muslims who have their marriages registered in Goa cannot 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. At least half of their property has to be passed on to the children. This inherited property must be shared equally among the children.

However, the code has certain drawbacks and is not strictly a uniform code. For example, Hindu men have the right to bigamy under specific circumstances mentioned in Codes of Usages and Customs of Gentile Hindus of Goa (if the wife fails to deliver a child by the age of 25, or if she fails to deliver a male child by the age of 30). For other communities, the law prohibits polygamy.

Uniform Civil Code and Arguments For & Against

Arguments in favour of the Uniform Civil Code:

It will Integrate India- India is a country with many religions, customs and practices. A uniform civil code will help in integrating India more than it has ever been since independence. It will help in bringing every Indian, despite his caste, religion or tribe, under one national civil code of conduct.
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. A uniform civil code would change that.
Sign of a modern progressive nation- It is a sign that the nation has moved away from caste and religious politics. While our economic growth has been significant, our social growth has lagged behind. A UCC will help society move forward and take India towards its goal of becoming a truly developed nation.
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. A uniform civil code will also help in improving the condition of women in India.
All Indians Should be Treated the Same- All the laws related to marriage, inheritance, family, land etc. should be equal for all Indians. UCC is the only way to ensure that all Indians are treated the same.
It Promotes Real Secularism- A uniform civil code doesn’t mean that it will 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.
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. These personal laws were formulated in a specific spatiotemporal context and should not stand still in a changed time and context.
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.
The codification and unification of the variegated personal laws will produce a more coherent legal system. This will reduce the existing confusion and enable easier and more efficient administration of laws by the judiciary.

Uniform Civil Code – Challenges in its Implementation

Uniform Civil Code- Challenges in Implementation of the UCC

UCC is a debated-topic and forms an important part of UPSC Current Affairs which aspirants can check in the linked article.

The task of actually devising a set of rules that will govern all communities is a very formidable and tedious one considering the vast range of interests and sentiments to be accounted for.

Misinformation about UCC – Content of UCC has not been 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.

Opponents of UCC argue that personal laws are derived from religious beliefs. They maintain that it is prudent not to disturb them, as this runs the risk of engendering a great deal of animosity and tension between various religious communities. Also, India being a secular country guarantees its minorities the right to follow their own religion, culture and customs under Article 29 and 30. They argue that implementing UCC will contravene these articles.

Suggestions for Implementing a Uniform Civil Code:

To realize the goals of the DPSP and to maintain the uniformity of laws, the following suggestions need immediate consideration:

A progressive and broadminded outlook should be encouraged among the people to understand the spirit of the UCC. For this, education, awareness and sensitisation programmes must be taken up.
The Uniform Civil Code should be drafted keeping in mind the best interest of all the religions.
A committee of eminent jurists should be constituted to maintain uniformity and care must be taken not to hurt the sentiments of any particular community.
The matter being sensitive in nature, it is always better if the initiative comes from the religious groups concerned.

The Way Forward for UCC: Gradual Change

India has a unique blend of codified personal laws of Hindus, Muslims, Christians, Parsis. There exists no uniform family-related law in a single statute book for all Indians which is acceptable to all religious communities who co-exist in India. However, a majority of them believe that UCC is definitely desirable and would go a long way in strengthening and consolidating the Indian nationhood. The differences of opinion are on its timing and the manner in which it should be realized.

Instead of using it as an emotive issue to gain political advantage, political and intellectual leaders should try to evolve a consensus. The question is not of minority protection, or even of national unity, it is simply one of treating each human person with dignity, something which personal laws have so far failed to do.

How to Approach UCC for Civil Services Examination

For Prelims:

Polity- religion, secularism, personal laws, etc.

For Mains: General Studies Paper-II

Indian polity

Aspirants can get GS-II related articles from the table below:

Practice Questions for UCC

Sample questions are given below:

Prelims Paper I-

Part IV of the constitution deals with the uniform civil code
Uniform civil code has been recommended to ensure national integration.
Goa is the only state in India to have some form of uniform civil code
Part IV of the constitution is justiciable in nature

Essay Paper-

The Need for a Uniform Civil Code in a Secular India.

General Studies Paper-II –

Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the directive principles of state policy.
There is no necessary connection between religion and personal laws on the one hand and civil laws and personal laws are different on the other. In this context discuss the need for a uniform civil code and the different challenges associated with this.

UPSC aspirants should read more about various laws and constitutional amendments for IAS 2023. It would be beneficial to refer to NCERT Books on the subject. The concepts learnt should be linked to current affairs for the exam.

UPSC Questions Related to Uniform Civil Code

What is the meaning of civil code.

A civil code is a systematic collection of laws designed to deal with the core areas of private law such as for dealing with business and negligence lawsuits and practices.

What is the Article 44?

Article 44 of the Indian Constitution defines a Uniform Civil Code. Article 44 says, ‘The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.’ The article is a part of the Directive Principles of State Policy.

Why does Goa have a uniform civil code?

The Goa Civil Code, also known as the Goa Family Law, was introduced in 1870 by the Portuguese who were ruling the state. After the liberation of Goa in 1961, the civil code was retained.

When was the Hindu code bill passed?

The Hindu Code Bills are a set of laws that were passed in the 1950s.

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Baba’s Explainer – Uniform Civil Code

June 10, 2022

Indian Polity & Constitution

G S-2 : Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Context: Uttarakhand Chief Minister recently set up a committee to prepare a draft Uniform Civil Code (UCC) for the State.

Assam chief minister recently said the uniform civil code will provide justice and relief to Muslim women.
Himachal Pradesh chief minister has announced that the state will have its own uniform civil code.
Goa chief minister held up the Goa Civil Code as the model that other states can emulate.

Personal laws regulate marriage, divorce, maintenance, inheritance and succession for Indian citizens. We can see that personal law governs and regulates subjects or areas of a private sphere.
British legal traditions and even those of the Portuguese and the French remain operative in some parts.
The Converts’ Marriage Dissolution Act, enacted during 1866
The Indian Divorce Act, enacted in 1869
The Indian Christian Marriage Act, enacted during 1872
The Kazis Act, enacted during 1880
The Anand Marriage Act, enacted in 1909
The Indian Succession Act, enacted during 1925
The Child Marriage Restraint Act, enacted in 1929
The Parsi Marriage and Divorce Act, enacted in 1936
The Dissolution of Muslim Marriage Act, enacted during 1939
The Special Marriage Act, enacted during 1954
The Hindu Marriage Act, enacted during 1955
The Foreign Marriage Act, enacted in 1969 and
The Muslim Women (Protection of Rights on Divorce) Act, enacted in 1986.
Hindu personal law is codified in four bills: the Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship Act, and Hindu Adoptions and Maintenance Act. The term ‘Hindu’ also includes Sikhs, Jains and Buddhists for the purpose of these laws.
However, the Shariat is not codified , which means that whatever guidelines are spelt out in the Quran and Hadith have not been spelt out in English like in all laws.
Also, there are more ‘secular’ laws, which disregard religion altogether, such as the Special Marriage Act, under which Inter-religion marriages take place , and the Guardians and Wards Act, which establishes the rights and duties of guardians.
In the Northeast, there are more than 200 tribes with their own varied customary laws. The Constitution itself protects local customs in Nagaland. Similar protections are enjoyed by Meghalaya and Mizoram.
The Queen’s 1859 Proclamation- It promised absolute non-interference in religious matters.
So while criminal laws were codified and became common for the whole country, personal laws continue to be governed by separate codes for different communities.
However, once a legislative field is occupied by parliamentary legislation, states do not have much freedom to enact laws. Such laws would require Presidential assent under Article 254.
A uniform civil code here refers to a single law, applicable to all citizens of India in their personal matters such as marriage, divorce, custody, adoption and inheritance.
The Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.
UCC is based on the premise that there is no connection between religion and law in modern civilization.
The Portuguese Civil Code of 1867, which continues to be implemented after India annexed the territory in 1961, applies to all Goans, irrespective of their religious or ethnic community.
It doesn’t matter whether you’re Hindu, Muslim or Christian; if you’re a Goan domicile, the same set of civil laws will apply to you.
However, governments since Independence have allowed respective religion-based civil codes to respect the diversity of India.
The Constitution’s framers used the term “uniform” in Article 44 and not “common”, because “common” means “one and the same in all circumstances”, while “uniform” means “the same in similar conditions”.
Different people may have different laws, but the law within a particular group should be uniform. Such a classification is permissible even under the right to equality under Article 14.
“Civil” means matters where personal rights (not public rights) are in question —such as a contract, or sale and purchase of goods/services or properties.
Even “code” does not necessarily mean one single law in every circumstance. It may mean either one enactment such as Indian Penal Code, or the Hindu Code Bill that includes three different Acts.
While Article 43 mentions that the “state shall endeavour by suitable legislation”, the phrase “by suitable legislation” is absent in Article 44.
In order to bring uniformity, the courts have often said in their judgements that the government should move towards a UCC.
Under Muslim personal law, maintenance, after divorce, was to be paid only till the period of iddat. (three lunar months-roughly 90 days ).
However, Section 125 of CrPC (criminal procedure code) that applied to all citizens, provided for maintenance of the wife for a lifetime or until she is remarried.
A 73-year-old woman called Shah Bano was divorced by her husband using triple talaq (saying “I divorce thee” three times) and was denied maintenance. She demanded living allowance whereas husband refused saying that he had fulfilled all his obligations under Islamic law.
Supreme Court ruled in Shah Bano’s favour and passed the verdict to pay maintenance each month.
However, the government of the day overturned the judgement by passing the Muslim Women (Protection on Divorce Act), 1986. This law said the maintenance period can only be made liable for the iddat period. The new law said that if a woman wasn’t able to provide for herself, the magistrate had the power to direct the Wakf Board for providing the aggrieved woman means of sustenance and for her dependent children too.
In this case, the question was whether a Hindu husband married under the Hindu law, by embracing 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 1955.
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(IPC).
In this case, a priest from Kerala, John Vallamattom challenged the Constitutional validity of Section 118 of 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.
Promotes Real Secularism: 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.
Simplification of the Laws: The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all.
Promotes Equality: A Uniform Civil Code would, in theory, provide equal status to all citizens irrespective of the community they belong to. The same civil law will then be applicable to all citizens irrespective of their faith.
Supports national integration: A Common Civil Code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.
Muslim men being allowed to marry multiple wives, but women being forbidden from having multiple husbands
Even after the 2005 amendment to the Hindu Succession Act, women are still considered part of their husband’s family after marriage. So, in case a Hindu widow dies without any heirs or will, her property will automatically go to her husband’s family.
Men (fathers) are also treated as ‘natural guardians’ and are given preference under the Hindu Minority and Guardianship Act.
Reformative & aligned with Constitutional Ideals : The reason why Hindu Code Bill was introduced in the Constituent Assembly in 1947 by Dr. B. R. Ambedkar was to liberalise the personal laws and broaden the freedom of the individual. It is also meant to address the issue of equality of men and women in the Hindu social system. Therefore, having UCC that will cover entire society will remove any oppressive practices and bring reforms in society that upholds Constitutional ideals of equality & liberty.
Reduces Burden on Judiciary : Judiciary will also be better off with lesser litigation originating from religious customs and personal laws. The nation can also focus on more important issues such as economy, quality of life of its citizens, and politics of development.
Sign of Modern Progressive Nation: Personal laws were formulated in specific spatio-temporal context and should not stand still in a changed time and context. Having UCC will help the society move forward based on modern constitutional value system of liberty, equality & justice.
Diversity poses challenge: It is practically tough to come up with a common and uniform set of rules for personal issues like marriage due to tremendous cultural diversity India across the religions, sects, castes, states etc.
In the Constituent Assembly, there was division on the issue of putting Uniform Civil Code in the fundamental rights chapter. By a 5:4 majority, the fundamental rights sub-committee held that provisions of UCC were outside the scope of fundamental rights and therefore the Uniform Civil Code was made less important than freedom of religion.
Tool of Majoritarianism : Many communities, particularly minority communities fear that a common code will neglect their traditions and impose rules which will be mainly dictated and influenced by the majority religious communities.
Reforming the majority community’s laws is easier than reforming those of the minorities. Several Muslim countries, including Pakistan, have been able to reform Muslim laws but not the laws of their minority communities.
At the end of the day, a UCC can only emerge through an evolutionary process, which preserves India’s rich legal heritage, of which all the personal laws are equal constituents.
Major sensitization efforts are needed to reform current personal law reforms which should first be initiated by the communities themselves.
The law commission of India was adjoined with the responsibility of formulating a uniform civil code and has opined that a country of such diverse dimensions in the matter of religion and culture does not require uniformity of laws. What is required is reforms to all the personal laws making them gender just.
If each of the existing law of every community is made progressive and gender just, we may not even require a uniform law for all the communities
In 1867, Portugal enacted a Portuguese civil code and in 1869 it was extended to Portugal’s overseas provinces (that included Goa).

Uniform Provisions

When it comes to marriages, the law uniformly mandates that there will be a two-stage process commonly referred to as the first and second signature. The first being the statement of intentions (and calling for objections) and the second signature being the formal marriage.
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. At least half of their property has to be passed on to the children. This inherited property must be shared equally among the children.
The law also doesn’t recognise bigamy or polygamy, including for Muslims but grants an exception to a Hindu man to marry once again if his wife doesn’t conceive a child by the age of 21 or a male child by the age of 30.
There exist differences in how the law recognises a valid marriage when it comes to Roman Catholics and non-Catholics. While the first signature is common across all religions, the church ceremony is considered a valid ‘second signature’ for Catholics with the law recognising a Church marriage as valid for civil purposes.
For non-Catholics, however, both signatures are required to be before a civil registrar.
Similarly, a divorce granted by the ecclesiastical (Church) authorities is treated as a valid divorce for civil purposes, while non-Catholics have to secure a divorce before a civil court.
The Hindu Marriage Bill outlawed polygamy and contained provisions dealing with inter caste marriages and divorce procedures;
Hindu Adoption and Maintenance Bill had as its main thrust the adoption of girls, which till then had been little practised;
Hindu Succession Bill placed daughters on the same footing as widows and sons where the inheritance of family property was concerned.
Moreover, not all reforms could be incorporated because of opposition from the Hindu right
In the debate on the Hindu Code Bill in 1949, 23 of the 28 speakers opposed it.
In 1949, the Hindu right formed an All-India Anti Hindu Code Bill Committee, who justified unregulated polygamy.
Dr B R Ambedkar had to resign as Law Minister. On September 15, 1951, President Dr Rajendra Prasad threatened to return the Bill or veto it. PM Jawaharlal Nehru yielded; the Bill was not passed.
When eventually passed after several years, it did not give daughters a share in a Hindu joint family’s property. This amendment came in 2005, during the UPA regime.

Mains Practice Question – What are the hurdles in implementing the directive principle of the Uniform Civil Code?

Note: Write answers to this question in the comment section.

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Challenges with enacting UCC , Goa Civil Code , Hindu Code Bill , Uniform Civil Code , Uniform Civil Code UPSC , What does the Constitution say about UCC , What has been the Judiciary’s view of UCC , What is Uniform Civil Code

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Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse

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3 Comparative Lessons and the Case of India

Published: April 2015
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This chapter analyses the case of India in depth. It explores the role of community law in the personal law of India while providing a constitutional and social context as a backdrop. Particularly, secularism in the Indian Constitution is discussed alongside Article 44 provisions. The chapter then explores the issues predicted to arise in securing a uniform civil code, such as multiculturalism, fear of a Hindu Code, encroachment on freedom of religion, other preferred Indian approaches to religious issues, and the court’s role in securing the code. Further, it introduces possible models and the preferred model of establishing and implementing a uniform civil code, including such details as the church-state models, the elements of the uniform civil code, the gradual implementation of the code, and policy considerations.

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FAIRNESS IN CONTRACTS: A CONSUMER LAW PERSPECTIVE

PROSECUTION PROCEDURE IN NOISE POLLUTION CASES

Journal of Law & Public Policy Vol-4 (2017) Uniform Civil Code

Journal of Law and Public Policy Journals
May 7, 2019

About the Journal

The Journal of Law and Public Policy, a peer reviewed journal first released in 2014 is published annually by the Centre for Environment Law Education, Research and Advocacy. It touches upon various socio-legal issues in the interface between law and public policy such as human rights, consumer welfare, women rights, socio-economic rights, food security law, access to legal aid, medical law and ethics to name a few. The fourth, fifth and sixth volumes of the Journal have specially dealt with legal and policy issues on the Uniform Civil Code, Sustainable Energy and Sports. In addition to scholarly articles the Journal has also featured case comments and book reviews. JLPP is a peer reviewed journal with an ISSN No. 2350-1200.

JOURNAL OF LAW AND PUBLIC POLICY VOL-4 (2017): UNIFORM CIVIL CODE

Uniform Civil Code: An Attempt to Explore its Affordability

Dr. Vijender Kumar and Naresh Kumar Vats

The authors evaluate the affordability of UCC in this article. ‘Unity in diversity’ is a well-known term specifically in geographical aspect of the state since time immemorial but the inter-personal law conflicts are unavoidable in the modern society. The society is more influenced by political, social as will as economic conditions. The repeated steps for reformations are initiated by the reformers, political thinkers and economists for the political uniformity as well as economic uniformity except the negligible initiatives of social uniformity. The society is divided in many more religions, sects and sub-sects in absence of effective implementation of methods of uniformity which are leading to the emergence of various kinds of social conflicts. Chiefly, the Law of Marriage, Divorce, maintenance, Inheritance, Adoption etc. if treated under one umbrella of a common statute, a majority of the inter-personal law disputes will be zeroed down since, there is no discrimination on the criminal trial for any particular religion, participation in political activities, running business and educations etc. Everyone is obliged to be governed by Uniform Criminal Procedure but not by Uniform Civil Code which encourages the discrimination amongst the natives and grey areas of violation of human rights and discourage the development. The authors tried to draw the inferences from their research that if the society is tailored into the single colour and common thread, it would be more beneficial for the development of human beings: socially, economically, politically and legally.

Need and Challenges to Uniform Civil Code in India: A Special Reference to Muslim Ethos

Dr. G.S. Rajpurohit & Dr. Nitesh Saraswati

The authors in their article, deliberate on the challenges which the Muslim community will face if UCC is enacted. The authors reaffirms that criminal laws in India apply to all people equally across genders, castes and religions, a similarly uniform civil law, especially, in regards to divorce and succession rights, does not exist. Instead, the personal laws of Hindu, Christian, Parsis and Muslim are allowed to govern the people of those religions. Obviously, these personal laws are not the same and so, one finds a country where different regulations govern people based on their religions. This research paper calls into question the implications on justice and equality that such a system raises. The history of personal laws in India can be divided into colonial, post-colonial times and Independence Era. The existence of personal laws is a prime example of continuity between the colonial and post-colonial Indian States in which the colonial State’s legacy still looms large. Law is a “system of rules that a particular country or community recognizes as regulating the actions of its members.” Personal refers to anything that “affects or belongs to a particular person rather than anyone else”. Therefore, the very idea of personal law is impermissible for a law by nature, cannot be personal. This conundrum begs us to consider the validity of the Indian Personal Law System. Civil law in India is a complex matter, a conglomeration of the various personal laws governing Hindus, Muslims, Parsis, Jews and Christians. A common civil law can be applied to a legal case if and only if the litigants choose to opt out of their religious community. However, because of the social taboo that usually comes with such opting, very few choose this route and hence, personal laws play almost a complete role in civil matter.

Uniform Civil Code: A Quest towards Ensuring Uniform Property Rights for Women

Dr. P. Sree Sudha

The author examines the property rights of Women and explores whether UCC can address this issue. The topic of inheritance in India is a “concurrent” one, i.e. one over which both the central and the state governments have legislative authority. Like most personal laws in India, inheritance laws too vary by religion. The fundamental law governing present day inheritance rights of four religious communities i.e. Hindus, Buddhists, Jains and Sikhs, was designed to lay down a law of succession whereby sons and daughters would enjoy equal inheritance rights. In reality persistent discrimination occurs against women is common in India and the main source of bias came from joint family property, to which sons enjoyed right by birth to an independent share but daughters did not. Both had equal rights of inheritance to the separate property that their father accumulated during his lifetime. But, due to the fact that a considerable amount of property, especially land in rural areas, is still jointly owned, such biased rights had a crippling effect on the property ownership of women in India. The author has analyzed the various religion based succession laws to show that they stem from a fundamental desire to secure and keep control over property in the hands of men and to assert the superiority of one gender over the other. Apart from the disadvantages faced by women devoid of property, a legislative vacuum on matrimonial property has devastating consequences on women and children in the eventuality of divorce, widowhood and desertion. Judicial pronouncements of Hon’ble Supreme Court and Hon’ble High Courts are of vital importance, as they lay down the interpretation of the enactment and the intention of the legislature. Some of the most important recent judicial pronouncements are discussed to ascertain the actual effects of the Amendment Act of 2005. Finally the author strongly argues for Uniform Civil Code for giving better property rights for Indian women.

Multi-Culturalism or Malestreamism: A Feminist Jurisprudential Critique

Pranusha Kulkarni

The author in this paper analyses the issue of multi-culturalism from a feminist jurisprudence point of view. In a democracy, everyone is purportedly equal before the law. The fact that in spite of Supreme court intervention in rights of Muslim women in marriages, but no changes have happened on ground, stands testimony to the “double jeopardy” faced by Indian Muslim women. Their plea for justice are echoing till today at the Supreme Court of India, but have only been met with half-hearted attempts at revamping the Indian Muslim Personal law. The author further analyses whether only Indian Muslim women face these legally legitimized discriminations, or Muslim women globally are victims of this systemic oppression. This is analyzed from the view of abolition of triple talaq in Islamic countries as opposed to is rampant use by Indian Muslim men, with deleterious consequences on the female victims of this egregious act. The possible reason for the anomaly of the existence of this legal incongruity in the light of the fact that arbitrary triple talaq is considered un-Islamic and declared unconstitutional by our Supreme Court is analyzed in this article

Uniform Civil Code: A Way to National Integration

Vini Kewaliya

The author, argues and states that UCC may forge national integration. The author has analyzed the diverse nature of India’s culture and religions and the contributions of foreign ruler who invaded India enriching the culture of the country. In the background of people of different religions and communities have their own personal customs, usages and laws in India, the author has analyzed the need for uniform civil code to bring the uniformity in laws in a secular nation. An analysis of the various attempts made for uniformity of various laws during the British rule and post independence is made. The author makes argument for the need of uniform civil code in the light of the existing problems in the diversified nature of India and various judgments of the Judiciary.

A Critical Study of Civil Code in UK, USA and India with Special Reference to Rights of Women

Shivani Dutta

The author makes a comparative study of rights of women in other jurisdictions. In India there seems to be no uniformity in the laws relating to marriage, divorce, maintenance, guardianship and succession. The term uniform civil code acts as a misnomer in India as violating the age old beliefs of different religious groups. It does not mean that it will curtail one’s freedom to religion but will promote real secularism where everybody will be treated equally irrespective of one’s religion. A comparative study of civil codes as practiced in UK, USA gives a broad idea of how secular laws are applied without hurting one’s religious sentiments. The status and the rights of women depend on the personal laws to which one is affiliated by religion. The discrepancies faced by women under the personal laws in India certainly does not seem to fulfil the equality principle as inscribed in our Constitution and various other international instruments as ratified by India. The Uniform Civil Code is the need of the hour not only for the uplifting the status of women also for the promotion of national unity and integrity. The author focuses on the study of civil code in UK, USA and India with special reference to the rights of women in the area of marriage, divorce and maintenance.

Constitutional Quest to Uniform Civil Code- Mirage or Compulsion

Lt.Col. Plavelil George Eapen (Retd)

The author argues for establishing the national integration council to resolves the issues relating to UCC. Our country which gained political freedom in 1947 was fortunate to be given a Constitution by the founding fathers. With the political call for one nation there was an effort to include a Common Civil Code as a fundamental principle. However there were dissenting voices in the backdrop of communal riots and religious discord. Uniform civil code was included therefore as Article 44 of directive principle of the State Constitution without a time frame. Over the last seven decades there has been economic growth and development based upon government financial plans. However, social harmony and freedom in society has often been elusive. There have been numerous riots based upon religious animosities. This has affected a harmonious social growth of society. To achieve the enactment of a Uniform Civil Code the government should have made a road map as to the measures to be implemented to create a socially harmonious environment, conducive to legislation. However over the years there has been religious violence often instigated by political compulsions while the directive on UCC remained in limbo. Thus any sudden legal enactment to enforce social justice will be resisted by a wide spectrum of interests. A clear case is divorce by triple Talaq and polygamy in the Muslim community. On the one hand a simplistic approach would be its abolition like that of Sati among the Hindus. But as Talaq is a practice with wide connotations due to the Islamic scholarly interpretations and justification, there will be great discord. The author provides a multi-pronged solution for the enactment of UCC.

Uniform Civil Code, Constitution of India and Constitutionalism

Preethika Pilinja

The author looks at whether the Constitution of India has worked towards the goals of the UCC. While we all continue to witness to heated debates on the question of desirability or otherwise of Uniform Civil Code from various perspectives, the author in this paper analyses Uniform Civil Code from the standpoint of Indian Constitution and Constitutionalism. Essentially the UCC has entangled itself with Indian Constitution and in the whirlpool of Indian politics. The author in this paper begins with an analysis of the background in which Uniform Civil Code found a place in the Indian Constitution. It has been duly pointed out that the Constitution did not define the nature and scope of the UCC; neither did it state the extent of State interference into personal laws. It does add to some confusion whether or not UCC must be attempted by the State. The author examines the intermingling of freedom of religion and Uniform Civil Code, in the backdrop of constitutional promises, including, but not limited to Right to Freedom of Religion. In the light of the Constitution, Constitutionalism and a catena of judicial decisions, the author argues that, while getting rid of practices, like triple talaq which run contrary to the principles of equality and fair treatment, are a constitutional compulsion, Uniform Civil Code in the rigid sense that, destroys the diverse fabric of this country can be catastrophic.

Public Domain of Personal Laws: An Inquiry from the Perspectives of Conflict of Interests and Identities

Eklavya Anand & Shailesh Kumar

The authors state the reasoning and objectives necessary for the codification of the UCC especially for the protection of rights. The authors venture through the domain of personal laws and unpack how the Masculine DNA has shaped and reshaped personal laws to keep the unjust gender equilibrium in the society intact. It further evokes history to unearth the historical deficit in the arguments of majoritarian community when it comes to there form of personal laws. The majoritarian community, which claims to be progressive in the current debate pushing for a Uniform Civil Code, forgets the past when it showed extreme rigidity with regard to reforms in the domain of personal laws as colonial interventions. The authors highlight the constitutional debates and state-sponsored selectivity, which perpetuates a spiral cycle of status quo. In this process, it is safe to say that the judiciary seems more progressive than the legislature in performing its constitutional duties, though the judiciary also seemed to be in an escapist mode in the past. This legal vacuum as well as an egalitarian desire for equal integration in the unequal social structure of the society has given birth to many movements of socio-political nature. It further emphasizes the political economy of some of the prominent socio-cultural movements to fill this legal vacuum as complex and driven by extra-legal considerations. The aspiration of bringing uniformity in the personal laws is rooted in the nationalistic perspective and is deeply problematic. It contends that the shift towards uniformity to attain national integration should be embedded in the sustenance of the religious diversity rather than forcing religious homogeneity. Putting forth the feminist perspective, it attempts to assure that the abolishment of evil practices from all personal laws would be more successful if the debate on personal laws is shifted from ‘religion’ and transplanted in ‘gender’. The authors conclude by saying that any improvement in the personal laws should be initiated from the points of view of the troika of gender, individual rights and progressive democracy.

Examining the Fundamental Dichotomies of Personal Laws and Human Rights with Reference to a Growing Consensus for a Uniform Civil Code

Bharath Gururagavendran

The author in his article examines the dichotomies between personal law and human rights. The guarantee of human rights is perhaps the most essential component in the manifest constitutional machinery of modern democratic establishments. In India, this proposition is evidenced by the ostensible primacy of fundamental rights, which are constitutionally recognised, and judicially enforceable. The quiddity of human rights is conceivably, its universality, and as such, the universal implementation of human rights is the primary prerogative of a human rights system. In India, that prerogative is threatened by personal laws that are deeply patriarchal, and are principally abrogative of a woman’s right to equality. Whilst a perfunctory analysis would render a conclusion favouring the exclusion of personal laws from India, a deeper inspection demonstrates the intrinsic dichotomy that manifests in a paradigm of human rights and personal laws; “culturally relativistic personal laws as opposed to universally multicultural human rights”. Personal laws are, at a theoretical abstraction, symptomatic of a call for cultural relativism in legal systems. Contrastingly, the Uniform Civil Code, which is postulated as a necessary solution to the problem of discrimination of women, is at its crux, a call for a multicultural society that can operate based on a single set of laws. The manifest coalescence of religious freedoms in this dichotomy provides illusory justifications to personal laws, as the constitutional mandate for the right to freedom of religion stipulates the “right to manage its own affairs in matters of religion”. To that effect, the primacy of individual rights(which constitutes a significant interest of human rights) is challenged by the religious freedoms of organised religion. Thus, a subliminal dichotomy of the right to religious freedom and individual rights (the right to equality; a human right of significant import) manifests, subsumed into the overarching dichotomy of cultural relativism and multiculturalism. The author in this paper seeks to provide a legitimate justification for the posited dichotomies by advancing a conclusion favouring the implementation of a Uniform Civil Code.

Uniform Civil Code and the Conflict of Personal Laws

Kiran Suryanarayana

The author looks into the UCC versus personal law issues and conflicts. It is an accepted interpretation that whence the phrase, ‘conflict of personal laws’ is considered, (in predominantly an Indian context) one is under compulsion to consider the underlying causes that explain the origination of the statement, the undeniable religious tension that has been extant in the country since medieval times. The anthropologically interesting march to the independence of India in 1947 and the events of the partition that preceded and post – dated the same, seek to validate the surprising amount of autonomy granted under Article 25 of the Constitution of India, 1950 at the individual level and at the organizational by means of personal laws. It is the belief that is held by a great many citizens of the country that the positing of a Uniform Civil Code, could potentially hold the key to resolving the problems resultant from the presence of conflicting personal laws and judicial hesitation in intervening into the matter, further exacerbated by a contrast that the conventionally active nature assumed by the higher judiciary in India has allowed. While the Law commission has definitely expressed that information aplenty must be rigorously collected and analysed before undertaking the task of framing such a code, it is dismaying to observe the general assumption in the populace including the framers of policy that the possible solution to the situation at hand, is through the route of the passing of a Uniform Civil Code. When a problem that requires the use of human reasoning is approached with a confirmation bias, then the results are tainted by the same. To postulate, the UCC does not resolve the conflict, as it does not remove the underlying religious tension and possibly will allow for the fomentation of social circumstances that favour greater religious conflict in the absence of secondary institutional autonomy.

One Code, One Nation: Reality or a Speculation

Kriti Rathi & Aman Tolwani

The authors in their article analyze the reality of achieving one code one Nation. An analysis on the diversity of India along with various legislations is made. The authors contemplates the question whether it is possible to govern each of them equally for there exists different cultures, traditions, thereby forming different classes of persons considering that India is a country with vast heritage known to cohabitate multi-lingual and diverse citizenry, multi-religions co-existing,. Different people are governed by their separate personal laws as different treatment needs to be meted out to different classes based on their respective needs and traditions. As these sects of society are ruled by their customs and traditions hence arose a need for separate personal laws governing these religious sects of the society. Accruing to this need for personal laws, different special laws were enacted such as the Christian Marriage Act, Hindu Succession Act, Hindu Adoption and Maintenance Act and various branches of law developed under Family Law – Muslim Law, Hindu Law, Christian Law and Parsi Law. The authors provides a background on the development of UCC in India and makes analysis supporting their argument that India practically has a Civil Code, uniform in its content and applicable to the whole of India.

Cruelty: Interpretation of Indian Personal Laws

Samhitha Sharath Reddy

The author analyse the issues on ‘Cruelty’ in personal law. ‘Cruelty’ is a term with an ever evolving meaning. It is a matrimonial relief in India which can by claimed for divorce and judicial separation by both men and women. India being a religiously and culturally diverse country has numerous interpretations of the term ‘Cruelty’ which vary from religion to religion. What maybe cruelty today may not have been cruelty in the past and what is cruelty in one religion, may not be interpreted as cruelty in its other Indian counterparts. The author attempts to analyze the interpretation of the term ‘Cruelty’ in the different personal laws of the country as well as trace the evolution of the same in each personal law. The similarities and differences of the term in the different laws are analysed extensively.

Uniform Civil Code: Unified Laws and Divergent Ways

Siddharth Anand Panda & Samyak Mohanty

The authors have contributed on the Constitutional challenges to unify religion based personal laws. The Uniform Civil Code is the proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen under Article 44 of the DPSPs which makes the implementation of the same as the state duty. The relationship between religion and constitution has become a most contested issue, especially in the context of Fundamental religious rights and Secularism. There is a raging debate between proponents of a UCC and the defenders of distinct legal traditions over the precise meaning of this principle. In this paper, the authors try to contemplate the need of a UCC by doing a status quo analysis on the issue of religion and constitutionalism. The authors ask two important questions: Should plural societies adopt uniform civil laws in deference to the equality of all citizens before law or should the integration of the diverse religious groups be addressed through a pluralist model of law in deference to the concept that a democracy must respect religious freedom? The authors try to bring conceptual precision to the discourse, first by identifying empirically the contexts in which constitutionalism is employed and secondly, through a normative inquiry regarding the role constitutionalism could perform in the making of a ‘UCC’. In addition to that attempts have been made to re-define secularism and articulate that secularism is polysemous. The major question here is whether a unified personal law system answer to the problems of religious fundamentalism such as Hindutva, Triple Talaq, Nikah halal etc. Can State mediate between the acceptance of religious laws and universal human rights and explore possible solutions with regards to drafting and implementation of a unified civil code satisfying the challenges of unifying individual and religious rights and retaining the essence of the Constitution.

The Future of Muslim Personal Law in India: Codification or a Uniform Civil Code?

Zaid Deva & Swagat Baurah

The authors have in their article, raised the challenges that may arise from the codification of Muslim personal law. The Supreme Court has consistently taken up the task of defining secularism and has tried giving it a wide ambit of reasoning and interpretation, but this has also, in a fortuitous misfortune, created the great confusion that exists today. Article 44 of the Constitution mandated the state to ‘endeavour’ so as ‘to secure for the citizens a uniform civil code.’ While most of the Civil law has been made uniform, it is the personal law of various communities, particularly Muslims which has been the major obstacle for the governments in initiating reform. Further, the very personal law of Muslims has become vague and indeterminate, owing to the growing number of sects in Islam. The existence of the controversial practices in Shariah like Triple Talaaq, Polygamy, Halala beg the question, “Should social reform be stalled, because of the supposed divine characteristics of the personal laws which the secular state shies away from infringing?” Another question that arises here is whether or not, the State as much as endeavoured towards implementing a uniform code since 1950. With the advent of a majority right wing government in India, the debate of ‘majoritarianism under the garb of social reform’ has been fuelled, because a Codified Muslim Personal law would serve the purpose equally well. The benefits of a codified Muslim personal law, and how that could be an antecedent in enacting a Uniform Civil Code, which is supposed to bring all the communities on a similar platform on matters which do not form the essence of any religion, leading to a national consolidation, which has been so long desired has been described. The authors also discuss whether secularism, in general and Indian Secularism in particular, is compatible with the Islamic principles, which encompass almost the entire private and public aspect of an individual’s life. The authors briefly look into the history of the Shariah vis-a-vis polygamy, triple talaaq and halala, and argue that these practices have lost their purpose, and the manner these are practiced today are in direct contravention of the basic tenets of the Constitution, hence should be discontinued with, because the essential principle behind a Uniform Civil Code or a Codified Personal law is that constitutional law shall supersede religious laws in a secular & democratic republic, where the rule of law prevails.

Uniform Civil Code: An Ornamental Legislation

Debajyoti Saha & Sunayna Bhat

The authors argue that UCC though inevitable, has many hurdles to crossover. Every religion has its own laws and regulations. In the preamble of our constitution we, the people of India, are stating that India is a secular country. We cannot differentiate between the religions on the grounds of their personal laws. The Constituent Assembly of India was already aware of the situation during the drafting of our constitution. That’s why they put a duty on the State to make “Uniform Civil Code”. Uniform Civil Code is one of the directive principles of state policy contained in the Constitution of India. It directs the state “to endeavour to secure for the citizens a uniform civil code throughout the territory of India”. It has created controversy since its inception. The multiplicity of diverse religions caused alarming situations. Religious freedom under Article 25 is not confined to freedom of conscience but its ambit covers right to practice, profess and propagate the religion by its own citizens. The religion is a wide and pervasive concept. It is confined to ‘faith’ only because ‘practice’ and ‘propagate’ are the part and parcel of the religion. The apex court from time to time has reacted sharply, favouring its enforcement even at the cost of its ‘judicial discipline.’ The latest pronouncements in the cases of John Vallamottom v. Union of India and Sarla Mudgal v. Union of India & others have set example for the ‘judicial activism’. The making of “Uniform Civil Code” will not happen in one day. It has to be done in step by step process. We can take example of the state of Goa which is the only Indian state having “Uniform Civil Code”. Appropriate time will never come if we sit idle. We have to take the risk and face the consequences as it is high time for us to realize the importance of “Uniform Civil Code”.

Uniform Civil Code and Its Constitutional Apparatus

Nithya C & Sera Rose George

The authors contribute on the Constitutional challenges under Art 25 with that of achieving the objectives under Art 44. A functioning democracy adheres to the theory and practice of the fundamental principles of equity, justice and inclusion for all. And the aforementioned “all” consists of women, men, young, old, able-bodied and disabled alike, irrespective of race, class, religion and sexual orientation. This is the defining feature of a democracy. And in such a democracy, why not create a common civil code that brings out the best in every religion and society? Why not introduce a common procedure for marriage, divorce, inheritance and right to property; something that does not interfere with an individual’s way of worship, yet have a unification of personal laws? Under Article 44, the State shall endeavour to enact a Uniform Civil Code for citizens throughout the country. Further, Article 25 of our Constitution says “nothing in this article shall prevent the state from making any law” associated with religious practice, so the argument that UCC is a violation of Article 25 will not hold. By empowering the State to regulate or restrict any laws, as per Article 25, a clear distinction is made between sacred and secular. Thus practices such as witchcraft, sati, and prohibitions against widow remarriage, caste discrimination, Maitri Karar, Natha Pratha, talaq-e-bidat, and polygamy may be and have been banned or regulated. However, whether and where a boundary is to be drawn is debatable. The feasibility and desirability of a UCC has always been mooted for decades by women’s rights activists, and the question that keeps recurring is – what is the value of uniformity? Who exactly is the beneficiary? Which sections of people will benefit from this? Is there any suffering due to the absence of a Uniform Civil Code? There is no personal law that is complete in itself. We have succeeded in bringing transitions through secular laws instead of forced legislations in certain instances. Gradual changes made through legislations or judicial pronouncements that assure gender equality and a broader outlook towards marriage, maintenance, adoption and succession by acknowledging the benefit that one community secures from the other will be a good way forward.

MAINTENANCE UNDER MUSLIM PERSONAL LAW IN LIGHT OF DANIAL LATIFI VERSUS UNION OF INDIA– THE NEED FOR A UNIFORM CIVIL CODE

Varnika Chawla

The author has contributed a case comment on Danial Latifi case. The Supreme Court in the case of Danial Latifi v. Union of India upheld the constitutionality of the Muslim Women [Protection of Rights on Divorce] Act,1986 and interpreted it in a way that ensured general welfare and provided social justice. This became a landmark judgement of the Court, as this democratic interpretation was used in all further Muslim divorce cases. It protected the rights of the divorced Muslim woman, and ensured her Right to Life with personal dignity. The author analyses this landmark decision of the Supreme Court in light of the constitutional principles of equality and secularism. Further, the different interpretations of the Act before this judgement have been discussed. The impact of this decision on the social status and maintenance policy of divorced Muslim women in subsequent cases has also been evaluated and described.

UNIFORM CIVIL CODE AND ADOPTION LAWS: A CASE COMMENT ON SHABNAM HASHMI VERSUS UNION OF INDIA

Sregurupriya Ayappan

The author discusses the Shabnam Hashmi v. UOI case. This comment begins with the legal background and factual matrix of the case, and goes onto analyse the judgment and then conclude. In the process, the various models of a uniform civil code are also explored. The right way forward is to harmonise conflict between personal and statutory law, the Court was wrong in viewing the opt-in-opt-out approach as an interim measure towards the end of achieving a Uniform Civil Code. It also seeks to show that the court was incorrect and self-contradictory in citing personal law to deny the right to adoption the status of a fundamental right.

Editorial Board:

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Uniform Civil Code

Syllabus: Indian Constitution

Context: The push for a Uniform Civil Code is raising concerns about religious rights and personal laws, as the Supreme Court’s inquiry on religious freedom remains unresolved.

What is UCC?

Uniform Civil Code refers to the proposition of having a uniform set of civil laws for all citizens of a country, irrespective of their religious or cultural affiliations .

The principle behind UCC:

The concept of a UCC is rooted in the idea of equality and uniformity before the law and it aims to replace the personal laws based on religious practices that currently govern matters such as marriage, divorce, inheritance, adoption, and succession.

Historical Perspectives on UCC

British rule : There was a lack of uniformity in civil matter s as personal laws based on religious customs and traditions were recognized for different communities . The idea of a UCC emerged as a response to this fragmentation and as a means to promote a common civil identity.
Portuguese rule : When Goa was under Portuguese rule until 1961, a Uniform Civil Code based on the Portuguese Napoleonic code was implemented.
Nehruvian Vision: Jawaharlal Nehru envisioned a modern and progressive India and saw the UCC as an essential element of nation-building . He believed that a UCC would help eliminate divisions based on religion and promote equality among citizens.
Hindu Code Bill : The Hindu Code Bill sought to codify and modernize Hindu personal laws relating to marriage, divorce, adoption, and inheritance. It was seen as a step towards a UCC, as it aimed to bring uniformity in personal laws within the Hindu community.
Shah Bano Case: The Supreme Court judgment, in this case, sparked debates on the need for a UCC to ensure gender justice and equal rights for women across religious communities .

Constitutional Perspectives on UCC

Constituent Assembly Debates : During the framing of the Indian Constitution, the debates witnessed diverse viewpoints, with some members advocating for a UCC as a way to promote gender equality and secularism, while others expressed concerns about preserving religious and cultural rights.
Directive Principles of State Policy: Article 44 of the Indian constitution states that the state shall endeavour to secure for its citizens a uniform civil code throughout the territory of India.
Secularism : The Indian Constitution enshrines the principle of secularism, which mandates the separation of religion and the state . A UCC is seen as a way to promote secularism by ensuring equal treatment of all citizens irrespective of their religious affiliations.
Equality and Non-Discrimination: The Constitution of India guarantees equality before the law under Article 14, and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. UCC would uphold these principles by ensuring equal rights and equal treatment for all citizens, regardless of their religious backgrounds.
Gender Justice: The Constitution also guarantees the right to equality and the right against discrimination based on gender. A UCC is seen as a means to promote gender justice .

How do Personal laws govern different communities?

Argument in favour of UCC:

Argument Against UCC:

Law Commission Views:

21st Law Commission of India: It said the “issue of uniform civil code is vast, and its potential repercussions, untested in India” . It said that “ UCC is neither necessary nor desirable at this stage”.
The government had asked the 22nd Law Commission of India to undertake an examination of various issues relating to UCC.

SC-related cases:

Conclusion:

The implementation of a Uniform Civil Code (UCC) in India requires a balanced approach that respects multiculturalism and diversity . Inclusive discussions with stakeholders, including religious leaders and legal experts , are essential to ensure diverse perspectives are considered. The focus should be on eliminating practices that hinder equality and gender justice while avoiding reactive culturalism . The reform process of Muslim Personal Law should be led by the Muslim clergy, and Muslims should critically examine practices to promote equality and justice. The aim is to develop a just and inclusive UCC that upholds constitutional values.

Quotes related to UCC:

“The implementation of a Uniform Civil Code (UCC) will promote the integration of India by establishing a shared platform for diverse communities”
“The Uniform Civil Code may potentially enforce a code that is influenced by Hindu practices in all communities”
“It is imperative to ensure that certain groups or marginalised segments of society are not subjected to disadvantageous treatment during this endeavour”

Insta Links:

Strike a fine balance, have a just civil code

Mains Links:

Constitutional Morality’ is rooted in the Constitution itself and is founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions. (UPSC 2021)

Prelims Links:

Q1. Consider the following provisions under the Directive Principles of State Policy as enshrined in the Constitution of India: ( UPSC 2012)

Securing for citizens of India a uniform civil code
Organising village Panchayats
Promoting cottage industries in rural areas
Securing for all the workers reasonable leisure and cultural opportunities

Which of the above are the Gandhian Principles that are reflected in the Directive Principles of State Policy?

(a) 1, 2 and 4 only (b) 2 and 3 only (c) 1, 3 and 4 only (d) 1, 2, 3 and 4

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10 Supreme Court Judgments On Uniform Civil Code

1. Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019) 20 SCC 85

It is interesting to note that whereas the founders of the Constitution in Article 44 in Part IV dealing with the Directive Principles of State Policy had hoped and expected that the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territories of India, till date no action has been taken in this regard. Though Hindu laws were codified in the year 1956, there has been no attempt to frame a Uniform Civil Code applicable to all citizens of the country despite exhortations of this Court

2. ABC vs. State (NCT of Delhi ) (2015) 10 SCC 1

Christian unwed mothers in India are disadvantaged when compared to their Hindu counterparts, who are the natural guardians of their illegitimate children by virtue of their maternity alone, without the requirement of any notice to the putative fathers. It would be apposite for us to underscore that our Directive Principles envision the existence of a uniform civil code, but this remains an unaddressed constitutional expectation

3. Shabnam Hashmi vs. Union of India (2014) 4 SCC 1

Conflicting view points prevailing between different communities, as on date, on the subject makes the vision contemplated by Article 44 of the Constitution i.e. a Uniform Civil Code a goal yet to be fully reached and the Court is reminded of the anxiety expressed by it earlier with regard to the necessity to maintain restraint. All these impel us to take the view that the present is not an appropriate time and stage where the right to adopt and the right to be adopted can be raised to the status of a fundamental right and/or to understand such a right to be encompassed by Article 21 of the Constitution.

4. Lily Thomas vs Union Of India AIR 2000 SC 1650

Learned Counsel appearing on behalf of the Jamiat-Ulema Hind and learned, counsel appearing on behalf of Muslim Personal Law Board have rightly argued that this Court has no power to give directions for the enforcement of the Directive Principles of the State Policy as detailed in Chapter IV of the Constitution which includes Article 44. This Court has time and again reiterated the position that Directives, as detailed in Part IV of the Constitution are not enforceable in Courts as they do not create any justiciable rights in favour of any person. Reference in this behalf can be made to the judgment of this Court in P.M. Ashwathanarayana Setty and Ors. v. State of Karnataka and Ors. , His Holiness Kesavananda Bharati Sripadagalvaru v. State of Kerala and Anr. . In this case also no directions appeared to have been issued by this Court for the purpose of having uniform Civil Code within the meaning of Article 44 of the Constitution. Kuldeep Singh, J. in his judgment only requested the Government to have a fresh look at Article 44 of the Constitution in the light of words used in that Article . In that context the direction was issued to the Government for filing an affidavit to indicate the steps taken and efforts made in that behalf. Sahai, J. in his concurrent but separate judgment only suggested the ways and means, if deemed proper, for implementation of the aforesaid Directives. The judges comprising the Bench were not the only judges to express their anguish. Such an observation had earlier also been made in Shah Bano ‘s case (supra) and Ms. Jorden Diengdeh v. S.S. Chopra . The apprehension expressed on behalf of Jamiat-Ulema Hind and Muslim Personal Law Board is unfounded but in order to ally all apprehensions we deem it proper to reiterate that this Court had not issued any directions for the codification of the common Civil Code and the judges constituting the different Benches had only expressed their views in the facts and circumstances of those cases.. Learned Additional Solicitor General appearing for the respondents has submitted that the Government of India did not intend to take any action in this regard on the basis of the judgment alone.. In the circumstances the review petition as also the writ petitions having no s

5 . Sarla Mudgal vs Union Of India 1995 AIR 1531

The Legislation – not religion – being the authority under which personal law was permitted to operate and is continuing to operate, the same can be superseded/supplemented by introducing a uniform civil code. In this view of the matter no community can oppose the introduction of uniform civil code for all the citizens in the territory of India.

The Successive Governments till-date have been wholly re-miss in their duty of implementing the constitutional mandate under Article 44 of the Constitution of India.

We, therefore, request the Government of India through the Prime Minister of the country to have a fresh look at Article 44 of the Constitution of India and “endeavour to secure for the citizens a uniform civil code throught the territory of India”.

We further direct the Government of India through Secretary, Ministry of Law and Justice to file an affidavit of a responsible officer in this Court in August, 1996 indicating therein the steps taken and efforts made, by the Government of India, towards securing a “uniform civil code” for the citizens of India. Sahai, J. in his short and crisp supporting opinion has suggested some of the measures which can be undertaken by the Government in this respect.

The desirability of uniform Code can hardly be doubted. But it can concretize only when social climate is properly built up by elite of the society, statesmen amongst leaders who instead of gaining personal mileage rise above and awaken the masses to accept the change.

6. Pannalal Bansilal and others vs. State of A.P. (1990 (2) SCC 498)

“The first question is whether it is necessary that the legislature should made law uniformly applicable to all religious or charitable or public institutions and endowments established or maintained by people professing all religions. In a pluralist society like India in which people have faith in their respective religions, beliefs or tenets propounded by different religious or their offshoots, the founding fathers, while making the Constitution, were confronted with problems to unify and integrate people of India professing different religious faiths, born in different casts, sex or sub-sections in the society speaking different languages and dialects in different regions and provided a secular Constitution to integrate all sections of the society as a united Bharat. The directive principles of the Constitution themselves visualise diversity and attempted to foster uniformity among people of different faiths. A uniform law, though is highly desirable, enactment thereof in one go perhaps may be counter-productive to unity and integrity of the nation. In a democracy governed by rule of law, gradual progressive change and order should be brought about. Making law or amendment to a law is a slow process and the legislature attempts to remedy where the need is felt must acute. It would, therefore, be inexpedient and incorrect to think that all laws have to be made uniformly applicable to all people in one go. The mischief or defect which is most acute can be remedied by process of law at stages.”

7. Mohd. Ahmed Khan vs. Shah Bano Begum AIR 1985 SC 945

“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 is 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 that 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.”

8. Ms. Jordan Diengdeh vs. S.S. Chopra AIR 1985 SC 935

“It was just the other day that a Constitution Bench of this Court had to emphasise the urgency of infusing life into Art. 44 of the Constitution which provides that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” 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.

9. National Textile Workers vs P.R. Ramkrishnan 1983 AIR 75,

Would this Court enforce a uniform civil code in respect of all citizens, without the aid of an appropriate legislation even though the concept of equality is enshrined in the Constitution and Article 44 specifically requires the State to endeavour to secure for all citizens a uniform civil code ? It may not do so The only solution for many of these social problems is to appeal to the appropriate organs of the State to do their assigned job in the best interests of the Community. It is wrong to think that by some strained construction of law, the Court can find solution to all problems.

10. Kesavananda Bharati … vs State Of Kerala AIR 1973 SC 1461

Article 44 enjoins that the “State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” Desirable as it is, the Government has not been able to take any effective steps towards the realisation of this goal. Obviously no Court can compel the Government to lay down a uniform civil code even though it is essentially desirable in the interest of the integrity, and unity of the country. (Justice SM Sikri)

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The Need for a Uniform Civil Code in India. This essay sample was donated by a student to help the academic community. Papers provided by EduBirdie writers usually outdo students' samples. Law is a system of rules that are created and enforced through the social or governmental institution to regulate behaviour.
10 Supreme Court Judgments On Uniform Civil Code
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. 9. National Textile Workers vs P.R. Ramkrishnan 1983 AIR 75,
Shodhganga@INFLIBNET: Uniform Civil Code in India Problems and Perspectives
The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. Shodhganga@INFLIBNET. Kurukshetra University. Department of Law.