Project on

UNIFORM CIVIL CODE

Submitted for the partial fulfilment of the requirement

for the 3rd semester of BA.LL.B. course of
Uttarakhand Technical University

SUBMITTED TO:

SUBMITTED BY:

Mrs. Nidhi Raman

sarvesh mani pandey

Faculty of Family Law

B.A.LL.B. (3RD SEM)

BATCH: 2011-16
SIDDHARTHA LAW COLLEGE,DEHRADUN

Table of Contents
Acknowledgement

Introduction 3
Scenario of uniform civil code in India till date
Aspects of UCC

Women rights

Secularism 7
Codification.....8
Analysis of UCC.9
Conclusion11
Bibliography.12

Acknowledgement
I wish to express my sincere gratitude to prof. R.H.Gorane, principal and Mrs. Nidhi Raman,
faculty of family law of Siddhartha Law College for providing me an opportunity to do my
project work on Uniform Civil Code. This project bears on imprint of many people. Last but
not least I wish to avail myself of this opportunity, express a sense of gratitude and love to my
friends and my beloved parents for their manual support, strength, help and for everything.
Sarvesh mani pandey
B.A.LL.B. 3RD SEMESTER

Introduction
Uniform civil code, just three words and a drastic change in the legal system of India. As we
know that India is a diversified country and its population constitutes people from so many
religions, caste and tribes. So it is not pragmatic to make different laws for every religion, tribe.
Moreover, it will create chaos in the society as there will be no uniformity in the laws. Secondly,
uniform civil code will bring uniformity in the laws. Imagine two citizens of same country are
governed with different laws just because they practice different religion or just because they
belong to different caste. In addition to all this, Law cannot afford to be selective in application.
It has to be general and uniform unless the area of operation of a particular law or the people it
deals with are distinguishable from others and such distinction has reasonable connection with
the purpose of the law in question. It is crucial time that India had uniform laws regarding
marriage, divorce, maintenance, inheritance and succession.
The issue of introduction of the Uniform Civil Code in India has been debated upon since the
time India attained independence with the Indian Parliament debating on it in as early as 1948. It
witnessed some strong opposition from the Muslim fundamentalists like Poker Saheb and
members from other religions. Though it did get support from the Chairman of the Draft
Committee and father of our Constitution Dr. B.R. Ambedkar along with some prominent
journalists like G.S. Iyengar, K.M. Munshiji and Alladi Krishnaswamy Iyer amongst others to
name a few. Though the Congress had promised it would allow Muslims to practice Islamic laws,
there was a fear, among Muslims, of a possible interference with the Muslim personal laws and
they contended that India would not be the same again if UCC was to be introduced. As a
compromise, the architects of the Constitution included the Uniform Civil Code under the head
of Directive Principles of State Policy in Article 44. Some distinguished members did show their
dissent stating that the path towards nationhood was being hampered by the very existence of
religion-based personal laws. Earlier it was favoured to guarantee the Uniform Civil Code to the
Indians within five to ten years. Sixty-three years have passed and were still pondering over
such a possibility.
Laws relating to crime and punishment are uniform for all citizens. So are the laws relating to
commerce, contracts and other economic affairs. Procedural laws including laws relating
evidence etc are also uniform for everyone. Laws of taxation are same for all except that it
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recognises certain religious customs prevalent in the society, like Hindu Undivided Family
(HUF), for special treatment.
However, family affairs such as marriage, divorce, inheritance, guardianship and adoption are
legally permitted to be governed by customs or rules applicable to the persons and their
community. This has been the practice from the time of British rule (even before that), because
it was considered prudent not to disturb the peoples religious and community customs as far as
their private affairs are concerned. The same position continued even after the independence and
people were permitted to follow their respective personal laws.

So this paper analyses uniform civil code from a different point of view. Along with case laws
and commentaries it also emphasizes on morality view. The question here is do we need ucc or
not?

Scenario of uniform civil code in India till date:

As we know that it is provided in the article 44 of the constitution that State shall endeavor to
secure for the citizens a uniform civil code throughout the territory of India. Debates have been
going on whether to implement ucc or not.
The most discussed case in the reference of ucc is Mohammad ahmed khan v. shah bano
begum, popularly known as shah bano case. In this case, the supreme court of India first time
called for ucc when a penurious Muslim woman claimed for maintenance from her husband
under Section 125 of the Code of Criminal Procedure after she was given triple talaq from him.
The Supreme Court held that the Muslim woman have a right to get maintenance from her
husband under Section 125. The Court also held that Article 44 of the Constitution has remained
a dead letter. The then Chief Justice of India Y.V. Chandrachud observed that,
"A common civil code will help the cause of national integration by removing disparate loyalties
to

law

which

have

conflicting

ideologies"

After this decision, nationwide discussions, meetings, and agitation were held. The then Rajiv
Gandhi led Government overturned the Shah Bano Vallamatton filed a writ petition in the year
1997 stating that Section 118 of the said Act was discriminatory against the Christians as it
impose unreasonable restrictions on their donation of property for religious or charitable purpose
by will. The bench comprising of Chief Justice of India V.N. Khare, Justice S.B. Sinha and
Justice A.R. Lakshamanan struck down the Section declaring it to be unconstitutional. Chief
Justice

Khare

stated

that,

"We would like to State that Article 44 provides that the State shall endeavour to secure for all
citizens a uniform civil code throughout the territory of India It is a matter of great regrets that
Article 44 of the Constitution has not been given effect to. Parliament is still to step in for
framing a common civil code in the country. A common civil code will help the cause of national
integration

by

removing

the

contradictions

based

on

ideologies."

Thus, as seen above, the apex court has on several instances directed the government to realise
the directive principle enshrined in our Constitution and the urgency to do so can be inferred
from the same case decision by way of Muslim Women (Right to Protection on Divorce) Act,
1986 which curtailed the right of a Muslim woman for maintenance under Section 125 of the
Code of Criminal Procedure. The explanation given for implementing this Act was that the
Supreme Court had merely made an observation for enacting the UCC, not binding on the
government or the Parliament and that there should be no interference with the personal laws
unless the demand comes from within.
The second instance in which the Supreme Court again directed the government of Article 44
was in the case of Sarla Mudgal v. Union of India. In this case, the question was whether a Hindu
husband, married under the Hindu law, by embracing Islam, can solemnise second marriage The
Court held that a Hindu marriage solemnised under the 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 solemnised after converting to Islam would be an offence under Section 494 of the
Indian

Penal

Code.

Justice Kuldip Singh also opined that Article 44 has to be retrieved from the cold storage where
it is lying since 1949. The Honble Justice referred to the codification of the Hindu personal law
and

held,

"Where more than 80 percent of the citizens have already been brought under the codified
personal law there is no justification whatsoever to keep in abeyance, any more, the introduction
of

the

uniform

civil

code

for

all

the

citizens

in

the

territory

of

India."

The Supreme Courts latest reminder to the government of its Constitutional obligations to enact
a UCC came in July 2003 when a Christian priest knocked the doors of the Court challenging the
Constitutional validity of Section 118 of the Indian Succession Act. The priest from Kerala, John
Vallamatton filed a writ petition in the year 1997 stating that Section 118 of the said Act was
discriminatory against the Christians as it impose unreasonable restrictions on their donation of
property for religious or charitable purpose by will. The bench comprising of Chief Justice of
India V.N. Khare, Justice S.B. Sinha and Justice A.R. Lakshamanan struck down the Section
declaring

it

to

be

unconstitutional.

Chief

Justice

Khare

stated

that,

"We would like to State that Article 44 provides that the State shall endeavour to secure for all
citizens a uniform civil code throughout the territory of India It is a matter of great regrets that
Article 44 of the Constitution has not been given effect to. Parliament is still to step in for
framing a common civil code in the country. A common civil code will help the cause of national
integration by removing the contradictions based on ideologies."
Note: Goa is the only state in India that regardless of religion has an active and enforced
Uniform Civil Code (UCC) for all citizens even though India has different civil laws for different
religious communities. The Portuguese Civil Code that remains in force even today was
introduced

in

the

19th

century

in

Goa

and

wasn't

replaced

after

liberation.

The Uniform civil code in Goa is a progressive law that allows equal division of income and
property regardless of gender between husband and wife and also between children. Every birth,
death

and

marriage

has

to

be

compulsorily

registered.

For divorce there are severe provisions. Muslims that have their marriages registered in Goa
cannot take more than one wife or divorce by pronouncing "talak" thrice. During the course of
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 a half share of the property and if one dies,
the

ownership

over

half

of

the

property

is

retained

by

the

other.

According to the Uniform Civil Code even if the children (both male and female) have got
married and left the house, the other half has to be divided equally among them. Thus the
parents cannot disinherit the children totally as they can dispose only half of the property in a
will and the rest has to be compulsorily and equally shared amongst the children.
Thus, as seen above, the apex court has on several instances directed the government to realise
the directive principle enshrined in our Constitution and the urgency to do so can be inferred
from the same.
Aspects of ucc:
Women rights: one of the most discussed topic these days is women rights and equality.
For far too long women have been victimized and justice has been denied to them under
the pretence of personal law. Personal laws of all religions discriminate against women
on matters of marriage, divorce, inheritance and so on. There is an urgent need to cull out
the just and equitable laws of all religions and form a blueprint for a uniform civil code
based on gender justice. The Hindu code cannot be applied uniformly to all religions. On
the other hand, triple talaq would have to go, as would polygamy and all the advantages
that accrue to Hindu undivided families in matters of property and inheritance. 58 years is
a long time for women to wait for gender justice. We need a debate on a uniform civil
code not because it is a magic wand with which all ills that besiege women will
disappear, not because it will lead to integration as the sangh parivar claims it will
unity need not imply a drab sameness but because it will be an important step in

freeing women from the shackles of a patriarchal society.

Secularism: The spine of controversy revolving around UCC has been secularism and
the freedom of religion enumerated in the Constitution of India. The preamble of the
Constitution states that India is a "secular democratic republic" This means that there is
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no State religion. A secular State shall not discriminate against anyone on the ground of
religion. A State is only concerned with the relation between man and man. It is not
concerned with the relation of man with God. It does not mean allowing all religions to
be practiced. It means that religion should not interfere with the mundane life of an
individual.
In S.R. Bommai v. Union of India[8], as per Justice Jeevan Reddy, it was held that
religion is the matter of individual faith and cannot be mixed with secular activities.
Secular activities can be regulated by the State by enacting a law. Articles 25[9] and
26[10] guarantee right to freedom of religion. Article 25 guarantees to every person the
freedom of conscience and the right to profess, practice and propagate religion. But this
right is subject to public order, morality and health and to the other provisions of Part III
of the Constitution.
UCC is not opposed to secularism or will not violate Article 25 and 26. Article 44 is
based on the concept that there is no necessary connection between religion and personal
law in a civilized society. Marriage, succession and like matters are of secular nature and,
therefore, law can regulate them. No religion permits deliberate distortion[12]. The UCC
will not and shall not result in interference of ones religious beliefs relating, mainly to
maintenance, succession and inheritance. This means that under the UCC a Hindu will
not be compelled to perform a nikah or a Muslim be forced to carry out saptapadi. But in
matters of inheritance, right to property, maintenance and succession, there will be a
common law. The whole debate can be summed up by the judgement given by Justice
R.M.

Sahai.

He

said,

"Ours is a secular democratic republic. Freedom of religion is the core of our culture.
Even the slightest of deviation shakes the social fibre. But religious practices, violative of
human rights and dignity and sacerdotal suffocation of essentially civil and material
freedoms are not autonomy but oppression. Therefore, a unified code is imperative, both,
for protection of the oppressed and for promotion of national unity and solidarity."

Codification: The biggest obstacle in implementing the UCC, apart from obtaining a
consensus, is the drafting. Should UCC be a blend of all the personal laws or should it be
a new law adhering to the constitutional mandate? There is a lot of literature churned out
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on UCC but there is no model law drafted. Many think that under the guise of UCC, the
Hindu law will be imposed on all. The possibility of UCC being only a repackaged Hindu
law was ruled out by Prime Minister Atal Bihari Vajpayee when he said that there will be
a new code based on gender equality and comprising the best elements in all the personal
laws. The UCC should carve a balance between protection of fundamental rights and
religious dogmas of individuals. It should be a code, which is just and proper according
to a man of ordinary prudence, without any bias with regards to religious or political
considerations.
Analysis of UCC:
Many points have been discussed in this paper regarding ucc, so lets now analyze is ucc
really important?? If yes, then why and if no, then why not?? Enough of the case laws,
citations, commentaries so far, now what I present hereby are general discussion and my
personal views regarding ucc.
So first of all, why the laws have been enacted? And have they been improving or
deteriorating? What I believe is laws were made to maintain peace in society and to
control human behavior but the question is, is law really serving its purpose?
I guess we all know the answer. Our legal systems have been growing more and more
complicated and we claim that we are developing and society is changing everyday but
still we are following laws of 19 th century. This is the ridiculous reality of our legal
system.
Coming back to the ucc, what is ucc? Uniform civil code is not about imposing the
customs of majority on minority; its not against articles 25 of constitution. Uniform Civil
Code talks about equality. As I stated earlier, imagine two citizens of same country are
governed with different laws just because they follow different religion or they belong to
different caste. We say that law is not selective in nature but according to present
scenario, in the eyes of law, a Muslim having four wives is fine but Hindu having four
wives is culprit. Now the point arises if we implement ucc, there will be problems in

society and people will not accept it as their customs will be affected but I would like to
remind that at some point of time, even sati and child marriage were customs too.
I know India is a country where religion, customs and culture mean a lot to the people but
we just cant sit and watch the society deteriorating as the laws governing them are still
of centuries ago and they are not in accordance with the present society and so it is
demand of time to bring a change in legal system and to implement the ucc because it is
function of State to provide justice to its citizens.
The implementation of ucc is not as easy as it sounds. The interesting points to note are
firstly, Hindu law is applicable to people of many religions and it is working fine all over
the country. Secondly, ucc has already been implemented in Goa and there are no known
disputes or problems regarding the implementation of ucc in Goa. So all these points
leads us to the conclusion that ucc must be applied to India.
In addition to this, the present laws are highly against the women rights and equality.
Imagine a guy speaks talaq to her wife 3 times and the divorce is granted, even without
the consent of wife. In this age of 21 st century where women have reached the moon and
are competing head to head with men, they are treated like useless creatures by our
personal laws. Why cant we have a proper divorce system when we have amended so
many laws just to make them right in accordance with society. Imagine a guy who
converts from Hindu to Muslim can now practice bigamy. It was prohibited for hi earlier
and now it is fine just because same person was practicing different religion before. Our
legal system is lying so far behind if compared to other legal systems of the world.
Taking a recent example of case of Haryanas ex deputy CM Chandramohan a.k.a. Chand
and Anuradha Bali a.k.a. fiza. Already married guy Chandramohan changed his religion
to Islam and married second time with Anuradha with his first wife alive and this
marriage lead to nothing good but the death of Anuradha.

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 Conclusion
The section of the nation against the implementation of UCC contends that in ideal times,
in an ideal State, a UCC would be an ideal safeguard of citizens rights. But India has
moved much further from ideal than when the Constitution was written 50 years ago.
But to conclude, I would like to say that citizens belonging to different religions and
denominations follow different property and matrimonial laws which is not only an
affront to the nations unity, but also makes one wonder whether we are a sovereign
secular republic or a loose confederation of feudal states, where people live at the whims
and fancies of mullahs, bishops and pundits.

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Bibliography
http://www.legalserviceindia.com/articles/ucc.htm
http://www.rediff.com/news/2003/jul/24sai.htm
http://en.wikipedia.org/wiki/Uniform_civil_code_of_India
http://www.manupatrafast.com/Articles/PopOpenArticle.aspx?ID=07dfb3c3-3cfd-4f67-8556d406a89be361&txtsearch=Text%20Search:%20uniform%20civil%20code
http://www.manupatrafast.com/Articles/PopOpenArticle.aspx?ID=77d942f9-1b04-4418-9c7b78d495455b3d&txtsearch=Text%20Search:%20uniform%20civil%20code
http://www.sacw.net/article621.html
http://www.shareyouressays.com/85459/essay-on-the-uniform-civil-code
http://www.goaholidayhomes.com/info/283/uniform-civil-code-in-goa/
http://confused-ambadi.blogspot.in/2012/06/uniform-civil-code-what-and-why-not.html
Gandhi,B.M.,hindu law,eastern book publication
Diwan Paras, hindu law, central book publication

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