THE WEST BENGAL NATIONAL UNIVERSITY

OF JURIDICAL SCIENCES

FAMILY LAW- I PROJECT

TOPIC: UNIFORM CIVIL CODE (UCC)

WORD COUNT –2124

SUBMITTED BY: SUPERVISED BY:

AYUSH BAKSHI Mrs. KAVITA SINGH

I.D.: 217017

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 TABLE OF CONTENTS

INDEX OF AUTHORITIES...........................................................................................................3

Introduction......................................................................................................................................3

The Need For A Uniform Civil Code..............................................................................................5

Merits Of U.C.C..............................................................................................................................6

Disputes Regarding Implementation Of Ucc...................................................................................7

Demerits Of Ucc..............................................................................................................................8

Conclusion.......................................................................................................................................9

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INDEX OF AUTHORITIES

STATUTES:

1. The constitution of India, 1950

a. Art. 44
b. Art. 37
c. Art .18
d. Art. 25
2. Hindu Code Bill (1956)

BOOKS

1. Principle of Mohamedan law, Mulla. (20th edn, 2013).

CASES

 AKB Singh v. Union of India

 Woman Rao v. Union Of India
 Griha Kalyan kendra Worker’s Union v. Union of India

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ONLINE RESOURCES

1. Ahmed, S. (2006, July 01). UNIFORM CIVIL CODE (ARTICLE 44 OF THE

CONSTITUTION) A DEAD LETTER. Retrieved April 11, 2018, from
http://www.jstor.org/stable/41856241
2. Haque, M. (2017, November 19). Why a Uniform Civil Code is not what India needs
immediately. Retrieved April 11, 2018, from https://www.dailyo.in/voices/triple-talaq-
uniform-civil-code-supreme-court-narendra-modi/story/1/20663.html
3. Mustafa, F. (2017, September 12). Are we really prepared for a Uniform Civil Code? -
Times of India. Retrieved April 11, 2018, from
https://timesofindia.indiatimes.com/india/are-we-really-prepared-for-a-uniform-civil-
code/articleshow/60471358.cms
4. Sathe, S. P. (1995, September 02). Uniform Civil Code: Implications of Supreme Court
Intervention. Retrieved April 11, 2018, from http://www.jstor.org/stable/4415537
5. Time for UCC: If unifying India is Modi's mantra, uniform civil code with minority
backing will transform Indian society. (2017, August 24). Retrieved April 11, 2018, from
https://blogs.timesofindia.indiatimes.com/toi-editorials/time-for-ucc-if-unifying-india-is-
modis-mantra-uniform-civil-code-with-minority-backing-will-transform-indian-society/
6. Uniform Civil Code (UCC): Pros and Cons in a nutshell - Clear IAS. (2017, March 23).
Retrieved April 11, 2018, from https://www.clearias.com/uniform-civil-code-ucc/
7. Uniform Civil Code Is Not Possible, Its Not Even An Option: Law Commission
Chairman. (2017, December 05). Retrieved April 11, 2018, from
https://www.news18.com/news/india/uniform-civil-code-is-not-possible-its-not-even-an-
option-law-commission-chairman-1595623.html

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INTRODUCTION

This research paper mainly focusses on the issues regarding Uniform Civil Code and
questions like “What exactly is Uniform Civil Code?”, “Why has it been a such a controversial
issue in the Indian politics?” and “What would be the implications if it is implemented?”.
Basically, the term “Uniform Civil Code” has been mentioned in Article 44 of the Indian
Constitution, which states that “The State shall endeavor to secure for the citizens a uniform civil
code throughout the territory of India1”. But it has been a matter of serious concern in the
country because implementing this would mean that every citizen of the country will be
governed by a common set of civil rules and regulations, hence replacing all the existing
Personal laws based on religious texts and customs of every religious community in India.
Personal laws are different from public laws and include laws regarding marriage, divorce,
inheritance, adoption and maintenance. However, despite all of this Goa has a common family
law, thus being the only Indian state to have a common civil code. As a matter of fact, some of
these Personal Laws were framed during the colonial period mainly for Hindus and Muslims but
fearing opposition from the communities they stopped themselves from interfering into this
sensitive matter.

However, the demand for a Uniform Civil Code had been first made by the women activists in
the early 20th century itself with the objective of women’s rights, gender equality and secularism.
And a few law reforms had also been passed till 1947 to improve the condition of women mainly
focusing upon the condition of  Hindu widows. But, in 1956, the  Hindu Code Bill was passed by
the Indian parliament amidst significant opposition. However, a demand for a uniform civil code
was also made by Prime Minister Jawaharlal Nehru and his supporters and other women
activists, but due to huge opposition during that time they had to finally step down but its still a
continuing issue.

Article 44 of the Indian Constitution

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THE NEED FOR A UNIFORM CIVIL CODE

Although, Uniform Civil Code has been a controversial and sensitive issue but still in a
country like India implementing this code would be for a greater good and would be beneficial,
that’s why there was a need felt for a Uniform civil code (hereinafter referred to as 'UCC') after
the Indian constitution came into effect. The UCC plans to overpower and defeat the
particularistic and frequently reactionary parts of personal laws of different religious groups. The
target and objective of UCC is also to bring a change in the society and uplift the status of
women in India. Also, India has various and different family laws thus creating a multiplicity of
family laws, for example The Christians have their Christians Marriage Act 1872, The Indian
Divorce Act, 1869 and the Indian Succession Act, 1925. The Jews have their uncodified
customary marriage law and their succession matters are governed by the Succession Act of
1925. The Parsi’s have their own Parsi Marriage and Divorce Act, 1936, and their own separate
law of inheritance contained in the Succession Act which is somewhat different from the rest of
the Succession Act. Hindus and Muslims have their own separate different from the rest of the
Succession Act. Hindus and Muslims have their own separate personal laws. Although, Hindu
law been largely secularized and modernized by statutory enactments. On the other hand,
Muslim law is still primarily unmodified and traditional its content and approach. Therefore, we
can say that the law is communal as each community or religious group has its own different set
of laws and rules which they abide by and these laws govern domestic relations. It is also
personal as each person carries his own law wherever he goes in India. The family law is partly
statutory and partly non-statutory. The present-day family law is thus a maze because there is no
common law in India in matters of marriage, succession and family-relations which makes it
confusing and creates a chaos.

That’s why there is a need for UCC because it will help in the modernization of our Indian
society and will bring a common and equal system of justice for all irrespective of anything. But,
due to its non-implementation and absence, there have been many instances of intriguing and
unwarranted circumstances, for example: according to law: Marriage is the very basis of a
civilized society. Once the relation is formed, the law steps in and binds the parties to various
commitments, obligations and liabilities. Marriage isn't an organization in support of which

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people in general everywhere are profoundly intrigued. It is the establishment of the family and
thus of society without which no human advancement can exist. It is the foundation of the family
and in turn of society without which no civilization can exist. Coming back to the example, so as
we know that Muslim personal laws allow polygamy unlike Hindu personal laws. A Hindu man
can convert to Islam to circumvent the provisions of the Hindu law and escape from the
liabilities and penal consequences. This is not just a hypothetical situation but these types of
incidents have happened and the marriage thing is just one example there are many more
regarding other aspects as well. That’s why In October 2015, Supreme Court of India mentioned
that there is a need of a Uniform Civil Code and stated that, "This cannot be accepted, otherwise
every religion will say it has a right to decide various issues as a matter of its personal law. We
don’t agree with this at all. It has to be done through a decree of a court2”

Coming over to the constitutional aspect as we know that Part III of the constitution i.e., Article
12 to Article 35 provides for fundamental rights, which are enforceable by the High Courts of the
various states and the Supreme Court of India. Part IV of the constitution provides for Directive
Principles of state policy and are not enforceable by any court of law. However, Article 37 states
that such directive principles "are nevertheless fundamental in the governance of the country and
it shall be the duty of the state to apply these principles in making laws." Under Part IV of the
Constitution, Article 44, states that "the state shall endeavor to enact a Uniform Civil Code for
citizens throughout the country". On the other hand, under Part III of the Constitution, Article 25
provides" Freedom of conscience and free profession, practice and propagation of religion." The
tussle is mainly between these two articles. The Supreme Court judgments in various cases since
the last two decades has started a trend (which is now considered to be a well settled law) that
the Directive Principles and Fundamental Rights ought to be harmoniously constituted, and
whenever possible fundamental Rights should be adjusted in their ambit so as to give effect to
this trend.3

2
Anand, Utkarsh (13 October 2015), Uniform Civil Code: There’s total confusion, why can’t it be done, SC asks govt , New Delhi: The Indian
Express
3
AKB Singh v. Union of India, Woman Rao v. Union Of India, Griha Kalyan Kendra Worker’s Union v. Union Of
India.

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MERITS OF U.C.C

1. The UCC will bring all the matters like marriage, divorce, adoption, inheritance,
succession to property etc. which are currently governed by personal laws under
the ambit of a common and single law which would be applicable to all and hence
will create equality and eradicate the unjust laws and rules which were earlier
there due to personal laws which affected women’s rights and gender equality.
As, most of these personal laws are unjust to women. Also, the non-
implementation of UCC is unfair and violates article 14 to 18 of the Indian
Constitution because these articles state that there should be right to equality and
prohibition of discrimination on the grounds of sex and religion.
2. As many people in the country have been arguing that article 44 if implemented
would be unfair just because Article 25 states "Freedom of conscience and free
profession, practice and propagation of religion." But, in reality it’s a baseless
argument because in clause 2 of Article 25 it is clearly mentioned and stated that
this article shall not affect the operation of any existing law.
3. Implementation of UCC will also support the National Integration as all the
people in the country will then be governed by same and common personal laws,
hence leaving no scope for politicization of issues describing and stating the
discrimination or special privileges enjoyed by a particular community on the
basis of their particular religious personal laws.
4. It will help in accommodating the dreams and aims of the youngsters of the
country. Since, 55% populace of the nation is underneath 25 years old and as their
social mentalities and yearnings are molded by general and worldwide standards
of fairness, humankind, and advancement. Their, perspective of shedding
character based on any religion must be given a genuine thought in order to use
their maximum capacity towards country building4.

DISPUTES REGARDING IMPLEMENTATION OF UCC

4
Uniform Civil Code (UCC): Pros and Cons in a nutshell - Clear IAS. (2017, March 23). Retrieved April 11, 2018,
from https://www.clearias.com/uniform-civil-code-ucc/

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 There are three major contention with regard to the successful implementation of UCC in the
Indian dominion. Like in case of any law that needs to be universally applicable and which aims
to span over the existing requisite laws are threefold. the acceptability of the law, the conformity
with the existing provisions and the likelihood of merits.

 The acceptability: The major issue is that the example cited over and over of the
overhaul of the Hindu code bill, lies with the presumption that it will be widely affirmed.
The with Hindu bill was that it was mere codification of the existing provision that
already existed in their own pre-codification legal system. Applying the same standards
to the mere unconfirmed issues were not accepted.
 The overlap: the next question is that of the overlap of the existing laws on the probable
new laws, it can be contested on several grounds that any radical change would cause
nothing less than a complete uproar.
 Likelihood on merits: This is the part where the empirical analysis of the changes and
their acceptance at that time in the general society is tested against the so called
“protection” given to them under 255 of the India constitution.
The latest attempt at this by the so called progressive bill was shot down as being outright
patriarchal6. This is merely one of the examples that call for a step by step graded change
than a radical transformation7.

5
The constitution of India, 1950 art.25
6
https://thewire.in/gender/2017-progressive-ucc-personal-law
7
http://www.jstor.org/stable/pdf/4415537.pdf?refreqid=excelsior:cb70984908870176e3398b3af9803dc0

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DEMERITS OF UCC

1. Implementation of UCC in India is impossible and difficult because of the diversity we

have in our country and it doesn’t seem practical also to come up with a common set of
rules and regulations for governing every religious community as there would be
problems still left.
2. Also, many communities perceive that implementation of UCC would encroach their
religious and cultural rights and therefore restricting their religious freedom.
3. If the UCC is implemented then the state will interfere in the personal matters and then
the scope of the religious freedom will be curbed.
4. It is a sensitive and a tough task because not all the religious communities in India would
be happy and satisfied after such a bill is implemented and there might be a public
outrage from people as it might hurt their religious sentiments.
5. Also, the current time is not suitable for such a action because Considering a noteworthy
restriction from Muslim people group in India over this issue covering with discussions
over meat, saffronization of school and school educational programs, love jihad, and the
hush radiating from the best initiative on these contentions, there should be given
adequate time for imparting trust in the group. Something else, these endeavors towards
regular will be counterproductive leaving minority class especially Muslims more
unreliable and helpless against get pulled in towards fundamentalist and radical
philosophies.

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CONCLUSION

This project intended to explore the much-contested debate between the spirit of uniformity
contextualized in form of UCC against the autonomy of personal freedom and religious authority
professed through it’s development through a large course of time.

The initial parts discussed the cases where the inception of a concept like UCC and the intention
professed by the legislators was discussed. In the later parts through the help of many cases the
issue of the practical applicability of the cases on the issue of likelihood of merits.

The case in the end is made for a gradual change over a radical interpretation of the same. This is
hope to be achieved through the likes of gradual normalization of what the standards of normalcy
which the society seeks fit should be adapted.

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