CENTRAL UNIVERSITY OF SOUTH BIHAR

GAYA 824236

SCHOOL OF LAW AND GOVERNANCE

FAMILY LAW ASSINGMENT

ON
UNIFORM CIVIL CODE AND IMPLICATIONS

Under the Supervision of: Mr. Mani Pratap

Assistant Professor,
SLG, CUSB.
Submitted By:
Vipul Kumar
B.A. LL.B. (Hons.)
4th Semester (2018-2023)
Section - B
Enrollment Number - CUSB1813125120
 ACKNOWLEDGEMENT

I, Vipul take extreme pleasure in expressing my profound gratitude towards my

Administrative law teacher Mr. Mani Pratap (Assistant Professor, Law) for
providing me with the chance to prepare this assignment and providing me with
the necessary information to complete this assignment. In the trying situation
caused because of COVID-19 pandamic this would not have been possible
without the kind support of my teacher, friends, colleagues and many more
individual persons, writers, college staffs, librarians and other sources of e-
resource. I would like to sincere thanks to all of them.

I would also like to thank my parents for providing me everything

whatever be required for the completion of this project.

Vipul Kumar
B.A. LL.B. (Hons.)
4th Semester (2018 – 2023)
CUSB1813125120

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 INDEX

ACKNOWLEDGEMENT---------------------------------------------------------------------------------------01

S.No Topic Pg.No

01 Introduction 03

02 The Importance of Uniform Civil Code 03-04

03 Uniform Civil Code Debate 04-06

 Historical perspective
 Some of the reforms of this period were

04 The Constitution of India on the Uniform Civil Code 06

05 Arguments in favour of the Uniform Civil Code 07-08

06 The Pros and Cons of the Uniform Civil Code in Nutshell 08-09

07 International scenario on uniform civil code 09-10

08 Uniform Civil Code – Challenges in its Implementation 10

09 Suggestions for Implementing a Uniform Civil Code 10

10 The Way Forward for UCC: Gradual Change 10-11

11 Conclusion 11

12 Reference 11

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 UNIFORM CIVIL CODE AND IMPLICATIONS
Introduction

Uniform civil code is the on-going point of debate regarding the Indian constitution's
mandate to replace personal laws based on the scriptures and customs of each
major religious community in India with a common set of rules governing every citizen.
Article 44 of the Directive Principles expects the state to apply these while formulating
policies for the country.1 India is a diverse country with multiple religions and
ethnicities living within its borders. This is reflected in our legal system in the form of
religion-based personal laws. The Directive Principles of State Policy enjoin our leaders
to implement a common personal law for all religions which has been a matter of debate
for generations. The Uniform Civil Code (UCC) is an important topic in, the Constitution
of India which has given rise to a long-running debate on various aspects such as
secularism, fundamental rights and fundamental duties. 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.
The Importance of Uniform Civil Code
Majority of family laws were perceived as an approach since it was observed to be
truly established and politically consensual. From chronicled investigations it can be
followed out that, however the Mughals had cut out an enormous domain and built up
an efficient criminal equity framework, they abstained from presenting a uniform family
code. In spite of the fact that a portion of the Mughal rulers came in the method for
Hindu religious practices by obliterating their temples, they sometimes interfered
with the Hindu personal law. Indeed, even Mughal Emperor Akbar, who attempted to
declare his new religion, “Din-i-Illahi”, did not alter the Hindu personal law. For
instance, he permitted the act of sati to proceed, however it was ethically offensive
and additionally prohibited in Shariah, as per which the practice added up to suicide
and in this way was not admissible in Islam.2
After the British arrived in India they adjusted the effectively working legal order. It is
with regards to socio-political foundation of contemporary India that the British
have no arrangements to present a Uniform Civil Code for all religious groups as
they had done in regard to the criminal justice system. Moreover, the Indian
rebellion of 1857 which undermined the British lead in India sent the political flag
to England that it is better to refrain from interfering with the social existences of
the Indians and put a brake on British endeavours to change the Hindu personal legal
codes and social traditions. Regarding policy matters, the British government reacted
by assuming control over the organization and broadcasting that it would cease
from all impedances in the social existences of Indians; in actuality, it would ensure
all their religious laws.

1
http://timesofindia.indiatimes.com/india/are-we-really-prepared-for-a-uniform-civil-
code/articleshow/60471358.cms
2
Ghosal, Joydip. (2019). UNDERSTANDING UNIFORM CIVIL CODE AND ITS PROBLEM IN IMPLEMENTATION.

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The British political sense about respecting the local sentiments to broaden their
rule was evidenced from the earliest starting point itself. The reality of the matter is
that if a sensible normal individual law is sanctioned, it will help wipe out numerous
unfair practices common over the groups and will likewise reinforce the solidarity and
respectability of the country. An arrangement of laws to oversee individual matters of
all residents independent of religion is the foundation of genuine secularism. This
sort of change would not just help end gender discrimination on religious grounds
additionally reinforce the secular character of India. They likewise served to renew a
countrywide debate on consummation across the board sexual orientation
separation, particularly on religious grounds.3
Uniform Civil Code Debate
Historical perspective – The debate for a uniform civil code dates back to the colonial
period in India.
Pre-Independence (colonial era)
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.
Post-Colonial era (1947-1985)
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.

The Hindu Marriage Act

Succession Act

Minority and Guardianship Act

Adoptions and Maintenance Act

Special Marriage Act:

3
Ghosal, Joydip. (2019). UNDERSTANDING UNIFORM CIVIL CODE AND ITS PROBLEM IN IMPLEMENTATION.

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

Shah Bano case (1985)4:-

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.

o 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 Case5:-

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 Case6:-

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 Case7:-

4
Mohd. Ahmed Khan vs Shah Bano Begum And Ors 1985 AIR 945
5 Danial Latifi & Anr vs Union Of India
6 Smt. Sarla Mudgal, President, ... vs Union Of India & Ors 1995 AIR 1531, 1995 SCC (3) 635

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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.

The Constitution of India on the Uniform Civil Code8

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.

Other constitutional provisions relating to religious freedom and secularism are:9

 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 Code10

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.

7
John Vallamattom And Anr vs Union Of India, Writ Petition (civil) 242 of 1997
8
Constitution of India 1950
9
ibid
10
http://www.legalservicesindia.com/article/2157/Uniform-Civil-Code-in-Goa.html

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Features:

 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.

Arguments in favour of the Uniform Civil Code: 11

 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.

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  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
whether they are Hindus or Muslims or Christians or Sikhs.
 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

The Pros and Cons of the Uniform Civil Code in Nutshell.12

PROS CONS

 To provide equal status to all  Practical difficulties due to

citizens
In the modern era, a secular democratic
republic should have a common civil and
personal laws for its citizens irrespective
of their religion, class, caste, gender etc.
 To promote gender parity
It is commonly observed that personal
laws of almost all religions are
discriminatory towards women. Men are
usually granted upper preferential status
in matters of succession and inheritance.
Uniform civil code will bring both men and
women at par.
 To accommodate the aspirations
of the young population
A contemporary India is a totally new
society with 55% of its population is below
diversity in India
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.
 Perception of UCC as
encroachment on religious
freedom
Many communities, particularly minority
communities perceive Uniform Civil Code
as an encroachment on their rights to
religious freedom. They fear that a
common code will neglect their traditions
and impose rules which will be mainly
dictated and influenced by the majority
religious communities.
 Interference of state in personal
matters
The constitution provides for the right to
freedom of religion of one’s choice. With

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25 years of age. Their social attitudes and codification of uniform rules and its
aspirations are shaped by universal and compulsion, the scope of the freedom of
global principles of equality, humanity, and religion will
modernity. Their view of shedding identity be reduced.
on the basis of any religion has to be given
a serious consideration so as to utilize
their full potential towards nation building.
 To support the national  Sensitive and tough task
integration Such a code, in its true spirit, must be
All Indian citizens are already equal beforebrought about by borrowing freely from
the court of law as the criminal laws and different personal laws, making gradual
other civil laws (except personal laws) are changes in each, issuing judicial
same for all. With the implementation of pronouncements assuring gender equality,
Uniform Civil Code, all citizen will share and adopting expansive interpretations on
the same set of personal laws. There will marriage, maintenance, adoption, and
be no scope of politicization of issues of the
succession by acknowledging the benefits
discrimination or concessions or special that one community secures from the
privileges enjoyed by a particular others. This task will be very demanding
community on the basis of their particular time and human resource wise. The
religious personal government should be sensitive and
laws. unbiased at each step while dealing with
the majority and minority communities.
Otherwise, it might turn out to be more
disastrous in a form of communal violence.
 To bypass the contentious issue Time is not yet suitable for this reform
of reform of existing personal Considering a major opposition from
laws Muslim community in India over this issue
Existing personal laws are mainly based on overlapping with controversies over beef,
the upper-class patriarchal notions of the saffronization of school and college
society in all religions. The demand of UCC curriculum, love jihad, and the silence
is normally made by aggrieved women as a emanating from the top leadership on
substitute for existing personal laws as these controversies, there needs to be
patriarchal orthodox people still deem the given sufficient time for instilling
reforms in personal laws will destroy their confidence in the community. Otherwise,
sanctity and oppose it profusely. these efforts towards common will be
counterproductive leaving minority class
particularly Muslims more insecure and
vulnerable to get attracted towards
fundamentalist and extremist ideologies.

International scenario on uniform civil code13

Israel, Japan, France and Russia are strong today because of their sense of oneness
which we have yet to develop and propagate. Virtually all countries have uniform civil
code or for that matter uniform law- civil or criminal. The European nations and US
have a secular law that applies equally and uniformly to all citizens irrespective of their

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religion. The Islamic countries have a uniform law based on shariah which applies to all
individuals irrespective of their religion.

Uniform Civil Code – Challenges in its Implementation.14

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

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Challenges-in-its-Implementation

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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.

Conclusion:

At last, I would like to conclude that citizens belonging to different religions and
denominations follow different property and matrimonial laws which is not only an
affront to the nation’s unity, but also makes one wonder whether we are a sovereign,
secular, republic or a loose confederation of federal state, where people live at the
whims and fancies of mullahs, bishops and pandits.

I strongly support the crusade for the implementation of the UCC and homogenizing the
personal laws. I support it, not because of any bias, but because it is a need of the hour.
It is the high time that India must have a uniform law dealing with marriage, divorce,
succession, inheritance, and maintenance. Uniform Civil Code is a must for a country
where secularism is given great prestige in resolving outrageous problems of the nation.

Reference

 Constitution of India
 Dr. Paras Diwan, Modern Hindu Law,2019 , Twenty-Fourth Edition.
 M.P. Jain, Indian Constitutional Law, 2011, Sixth Edition.
 https://www.clearias.com/uniform-civil-code-ucc/
 https://www.thehinducentre.com/publications/issue-
brief/article29796731.ece
 https://www.drishtiias.com/to-the-points/Paper2/uniform-civil-code
 http://www.legalserviceindia.com/legal/article-773-uniform-civil-code.html
 https://byjus.com/free-ias-prep/need-for-a-uniform-civil-code-in-a-secular-
india/

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