RESEARCH PROJECT

On
UNIFORM CIVIL CODE: A MIRAGE OR REALITY?

Submitted to

MAHARASHTRA NATIONAL LAW UNIVERSITY,

AURANGABAD

Submitted by
SANA MARIYAM

B.A.LL.B. (Hons.) Semester- V

Roll no. 2022/BALLB/82

FAMILY LAW- II

Under the guidance of

Advocate Aummaheshwari Jadhav
Visiting Faculty of Law
&
Dr. Ashok Wadje

Associate Professor of Law

Maharashtra National Law University, Aurangabad

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DECLARATION

This declaration is made at Aurangabad that this project is prepared and drafted by me, Sana
Mariyam.

It contains the project work that was assigned to me during my 5th Semester period, and
successfully accomplished from my side.
This project is a sincere attempt at compilation of the aforementioned work.

This has not been submitted, either in whole or in part, to any other Law University or
affiliated Institute under which any University is recognized by the Bar Council of India, for
the award of any other law degree or diploma, within the territory of India.
SANA MARIYAM

2022/BALLB/82

2
INDEX

SR. NO. TITLE PAGE

NO.
1 INTRODUCTION 8

2 EVOLUTION OF PERSONAL LAWS IN INDIA 10

3 CONSTITUTIONAL FRAMEWORK AND 12

PERSONAL LAWS: AN EXAMINATION OF
ARTICLES 14, 15, AND 25

4 SOCIOLOGICAL AND CULTURAL ASPECTS 14

5 POLITICAL AND POLICY ISSUES 17

6 JUDICIAL PRONOUNCEMENTS ON THE 20

UNIFORM CIVIL CODE

7 REALITY AND FALIURE OF UNIFORM CIVIL 23

CODE
8 FUTURE DIRECTIONS AND 26
RECOMMENDATIONS FOR THE UNIFORM
CIVIL CODE

9 CONCLUSION 29

10 REFRENCES 30

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ABSTRACT

India is characterized by its remarkable diversity in cultures, languages, religions, and

traditions, positioning itself as a secular state that does not subscribe to any particular religion.
This foundational principle of secularism is pivotal, as it allows for a multitude of cultural
expressions and practices to coexist within a single national framework. However, this
diversity also results in a complex legal landscape where various communities follow different
personal laws in matters such as marriage, divorce, inheritance, and adoption, leading to a lack
of uniformity across the nation.

Article 44 of the Indian Constitution seeks to address this issue by advocating for the
establishment of a uniform civil code (UCC), which would standardize personal laws across
the entire country, ensuring that all citizens are governed by the same legal standards in matters
of personal life. The historical context of this issue can be traced back to the 18th century, when
Warren Hastings, the then Governor-General of India, asserted that both Hindus and Muslims
would be governed by their respective personal laws. This decision highlighted the
complexities faced by British rulers who recognized the difficulties inherent in administering
a country that housed a wide array of communities with distinct cultural and religious identities.
While the Indian Penal Code, drafted by Lord Macaulay in 1860, provided a cohesive legal
framework for criminal matters, the implementation of a uniform civil code for civil matters
was seen as impractical during the period of British colonial rule. The ruling authorities were
acutely aware that the deep-rooted traditions and diverse practices within Indian society would
not easily yield to a singular legal doctrine. In contrast, the state of Goa, which was under
Portuguese colonial rule, stands out as a unique case; it adopted the Goa Civil Code, making it
the first Indian state to successfully implement a uniform civil code.

The failure to integrate various personal laws into a uniform civil code has persisted for decades
and continues to be a significant concern for lawmakers and citizens alike. This article intends
to thoroughly explore the key factors contributing to this ongoing challenge, assessing whether
the aspiration to implement a Uniform Civil Code in India is a realistic objective or merely an
idealistic vision. Furthermore, the examination will include a detailed assessment of the current
status of the Uniform Civil Code within the framework of Indian law, as well as its potential
ramifications for societal dynamics in India going forward. The implications of a uniform civil
code are profound, potentially impacting the very fabric of Indian society by promoting

4
equality and justice across diverse communities, thereby fostering a more unified national
identity.

5
A.1 Significance of the Study

The study of the Uniform Civil Code (UCC) is important for various reasons. First, it addresses
the long-standing issue of discriminatory personal laws in India, emphasizing equality and
justice. Second, it investigates the possibility of a more uniform and fair legal system that
promotes social cohesion and reduces conflict. Third, the study can help policymakers make
judgments on how to adopt UCC while taking into account both its benefits and drawbacks.
Finally, it adds to scholarly discussions about legal pluralism, human rights, and social justice.

A.2 Objectives of Study

The primary objective of this study is to comprehensively examine the feasibility, desirability,
and potential implications of implementing a Uniform Civil Code (UCC) in India. It aims to
delve into the historical, legal, sociological, political, and economic aspects of UCC, critically
analysing its potential benefits and challenges. By examining various perspectives, including
those of legal experts, policymakers, religious leaders, and civil society organizations, the study
seeks to provide a balanced and informed assessment of whether UCC is a viable and desirable
goal for India.

A.3 Contemporary legal relevance

The Uniform Civil Code (UCC) is a sensitive issue in India, with supporters believing that it
is necessary to achieve equality and justice, while opponents argue that it violates religious
liberties. In modern India, the UCC's significance is shown by its ability to handle issues like
as gender discrimination, polygamy, and child marriage. It might also promote social cohesion
and national unity by establishing a single legal framework for all citizens, regardless of faith.
However, there are considerable hurdles to the UCC's implementation, including criticism from
religious organizations and worries about cultural degradation. Despite these challenges, the
UCC remains a source of heated discussion and judicial examination, demonstrating its lasting
relevance in the Indian context.

6
A.4 Review of Literature
• Uniform civil code- a never-ending dilemma in India

• Uniform Civil Code: An Ignored Constitutional Imperative by M S

Ratnaparkhi

A.5 Research Question:

Is the Uniform Civil Code (UCC) a viable and desirable goal for India, or is it a mirage that is
unattainable due to the country's diverse religious and cultural landscape? This question
explores the feasibility, potential benefits, and challenges associated with implementing a UCC
in India, considering factors such as religious sensitivities, social implications, and
constitutional provisions.

A.6 Statement of Problem

The Uniform Civil Code (UCC) in India presents a complex interplay of legal, social, and
political factors. While proponents argue for its potential to promote equality, opponents raise
concerns about its impact on religious freedom and cultural diversity.

A.7 Research Methodology

The project was conducted using secondary sources. Analysing literature, reports, and case
studies constitutes secondary research.

7
INTRODUCTION

The majority of laws in India, such as the Indian Penal Code 1860, Criminal Procedure Code
1973, Indian Evidence Act 1872, and Civil Procedure Code 1908, are neutral in terms of
religion. However, legislations like the Hindu Marriage Act 1955, Hindu Adoption and
Maintenance Act 1956, Hindu Succession Act 1956, The Dissolution of Muslim Marriages Act
1939, The Muslim Women (Protection of Rights on Marriages) Act, 2019, Indian Divorce Act
1869, and The Parsi Marriage and Divorce Act 1936 are specific to particular religions,
meaning that only those belonging to these religions can use these laws.

The Uniform Civil Code is outlined in Article 44 of the Indian Constitution under the Directive
Principles of State Policy, which states the aim to secure a uniform civil code for all citizens.

Looking back at the history of the Uniform Civil Code, the Portuguese introduced the Goa
Uniform Civil Code to bring consistency in religious matters, with the primary goal of
addressing discrimination against women, which remains a significant issue in India. Under
the British rule, a report was submitted in 1835 emphasizing the need for codification in areas
of evidence and contracts, intentionally excluding Hindus and Muslims from this codification.
The B.N Rau committee was established in 1941 to codify Hindu law, with the primary
objective of creating a unified Hindu law. The committee's efforts led to the inclusion of Hindus,
Sikhs, Buddhists, and Jains under the single name "Hindus" in the 1955 Act, as stated in Section
2.

1. What does the term "uniform civil code" refer to?

A uniform civil code aims to standardize all aspects of civil law, such as marriage, divorce,
maintenance, and inheritance. In essence, the UCC is intended to eradicate discrimination and
abolish all forms of exploitation against women in religious and personal law matters.
Numerous debates and arguments have arisen to address and implement the uniform civil code
in India as soon as possible to resolve these issues.

2. What notable features are included in the Portuguese Civil Code, 1867?
In 1961, Goa became a part of India when the Goa Daman and Diu Administration Act of 1962
was implemented. The Indian Parliament supported and signed the Portugal Civil Code, also

8
known as the Portuguese Civil Code, of 1867. The Goa Civil Code, also known as Goa Family
Law, is a civil law that only applies to the residents of Goa. The features of the Goa Civil Code
can be summarized as follows:
I. All marriages must be registered under statutory law, and if a marriage is not
registered, it will be declared void.
ii. Upon marriage between two individuals of different backgrounds, the wife
automatically receives half of the property, known as the communion of assets.
iii. Equal division of property is mandated among sons and daughters.
iv. Guardians are prohibited from disinheriting their heirs from their entitled property.
v. Polygamy and bigamy are strictly forbidden.
vi. Mutual divorce with reason can be filed before the Court.

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EVOLUTION OF PERSONAL LAWS IN INDIA

India's varied religious landscape has led to an intricate system of personal laws that govern
aspects like marriage, divorce, inheritance, and guardianship. Each major religion - Hindu,
Muslim, Christian, and others - has its own unique set of laws, often stemming from religious
texts or customary practices. This paper delves into the development of these personal laws
over time, highlighting significant changes, influences, and ongoing discussions.

Hindu Personal Law

The Hindu personal law is among the oldest and most intricate legal systems globally, shaped
by various sources such as the Vedas, the Smritis, and later commentaries. In the pre-colonial
era, Hindu law was primarily based on customs with regional variations. During British
colonial rule, efforts were made to codify Hindu law, resulting in the enactment of Acts like
the Hindu Marriage Act, the Hindu Succession Act, and the Hindu Adoption and Foster Care
Act. These Acts brought about significant reforms including the abolition of sati, prohibition
of child marriage, and granting property rights to women.

In recent years, further reforms have been introduced to Hindu personal law, such as the Hindu
Succession (Amendment) Act of 2005, which granted equal inheritance rights to daughters and
sons. Nevertheless, debates persist on issues like polygamy, triple talaq, and the rights of
women in matters of divorce and maintenance.

Muslim Personal Law

Muslim personal law primarily draws its principles from the Quran and the Sunnah, the
teachings and practices of Prophet Muhammad. The application of Islamic law in India has
been influenced by historical context, local customs, and rulings of Islamic scholars. During
the colonial period, the British enacted several Acts related to Muslim personal law, such as
the Muslim Personal Law (Shariat) Application Act of 1937, which aimed to codify certain
aspects of Muslim law while upholding the authority of Islamic scholars in interpreting and
applying the law.

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Recent years have seen increasing debate over the applicability of certain aspects of Muslim
personal law, particularly concerning women's rights. The 2017 Triple Talaq case at the
Supreme Court declared the practice of instant triple talaq to be unconstitutional. However,
debates continue over other issues such as polygamy, the right to divorce, and the inheritance
rights of women.

Christian Personal Law

Christian personal law in India is primarily governed by the Indian Christian Marriage Act of
1872 and the Indian Divorce Act of 1869, enacted during the British colonial period and
subsequently amended. Christian personal law is generally less restrictive compared to Hindu
or Muslim personal law, particularly regarding women's rights. Nevertheless, there have been
concerns raised about the applicability of certain provisions of these Acts, especially in cases
of inter-faith marriages.

Other Personal Laws

Apart from Hindu, Muslim, and Christian personal laws, there are also personal laws applying
to other religious communities in India including Parsi, Jewish, and Sikh. These laws are often
based on religious texts or customary practices and their application may vary based on the
specific community and region.

The evolution of personal laws in India has been a complex and multi-faceted process, shaped
by religious, cultural, and political factors. While considerable progress has been made in terms
of women's rights and equality, there are significant challenges and debates that continue. The
future of personal laws in India will hinge on various factors, including the ongoing efforts to
strike a balance between religious freedom and the principles of equality and justice.

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CONSTITUTIONAL FRAMEWORK AND PERSONAL LAWS: AN
EXAMINATION OF ARTICLES 14, 15, AND

The Uniform Civil Code (UCC) is a proposed law that aims to standardize civil laws across
different religions in India, sparking lengthy debates. The Constitution of India, with its
fundamental rights provisions, plays a crucial role in shaping the legal landscape and the
potential implementation of a UCC. Particularly, Articles 14, 15, and 25 are pivotal in this
discourse.

Article 14: Equality Before the Law

Article 14 of the Constitution ensures equality before the law and equal protection of the laws,
implying that all individuals, regardless of their religion, caste, or gender, should receive equal
treatment under the law. Implementing the UCC could be viewed as a step toward achieving
this by eradicating discriminatory practices based on religion in areas such as marriage, divorce,
inheritance, and adoption.

However, opponents of the UCC argue that the existing personal laws are essential to safeguard
the cultural and religious identities of different communities. They argue that a uniform code
might violate the right to equality by imposing a one-size-fits-all approach that may not
consider the diverse needs and traditions of various groups.

Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex, or

Place of Birth
Article 15 reinforces the principle of equality by prohibiting discrimination based on religion,
race, caste, sex, or place of birth. While the UCC could be a way to eliminate religion-based
discrimination in personal laws, it's important to consider the potential impact on other forms
of discrimination. For instance, if the UCC were implemented without careful consideration of
gender equality issues, it could unintentionally perpetuate existing gender-based inequalities.

Article 25: Freedom of Conscience and Religion

It guarantees freedom of conscience and religion, including the right to practice religion freely.
This provision has been understood to protect the rights of different religious communities to
maintain their own personal laws. Opponents of the UCC argue that enforcing a uniform code

12
would violate this fundamental right by forcing religious communities to give up their unique
customs and traditions.

Proponents of the UCC, however, argue that the freedom of religion does not cover practices
that are discriminatory or harmful. They assert that the UCC could be a way to eliminate
discriminatory practices within certain religious communities while still honouring their core
religious beliefs.

The interaction between Articles 14, 15, and 25 of the Constitution and personal laws in India
is intricate and diverse. While the UCC holds the potential to advance equality and eliminate
discriminatory practices, it also raises concerns about safeguarding religious freedom and
cultural diversity. A thorough examination of these constitutional provisions is vital for
understanding the legal and political challenges linked to the implementation of a UCC in India.

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SOCIOLOGICAL AND CULTURAL ASPECTS

The socio-cultural implications of the Uniform Civil Code (UCC) in India are multi-faceted
and warrant extensive examination, particularly regarding their impact on family structures,
gender roles, and religious practices.

The potential influence of the UCC on family structures in India could be profound and far-
reaching. One of the most significant areas of impact relates to inheritance laws. A uniform
code could reshape the existing frameworks governing property distribution, thereby
influencing how assets are inherited within families. This change may lead to a more equitable
distribution of property, challenging traditional norms that often favour male heirs and
potentially altering long-held familial dynamics. Additionally, the UCC could standardize
various aspects of marriage and divorce laws, which would have implications for the rights and
responsibilities of spouses. A uniform approach to these legal matters could not only simplify
legal proceedings but also ensure that all individuals, irrespective of their religious background,
enjoy equal rights in marital relationships. Furthermore, the code might also transform
regulations regarding child custody and adoption. By streamlining these laws, the UCC could
facilitate a more consistent and fair treatment of children in custody disputes and adoption
processes, thereby prioritizing their best interests over entrenched cultural practices.

In terms of gender roles, the UCC holds the potential to foster greater gender equality across
Indian society. By eliminating discriminatory practices that currently hinder women's rights,
such as unequal property ownership or societal restrictions on marriage and divorce, the
uniform code may empower women significantly. The provision of enhanced legal protections
and rights could facilitate women's independence, both economically and socially. This
empowerment can lead to broader societal changes as women gain agency and participate more
fully in various spheres of public and private life. However, it is crucial to recognize that the
effectiveness of the UCC in promoting gender equality will largely depend on its
implementation. If the code is not meticulously crafted and sensitively enforced, it risks
reinforcing existing gender disparities rather than ameliorating them.

The implications of the UCC also extend to religious practices within the diverse tapestry of
Indian culture. Marriage, divorce, and inheritance laws, which are often deeply entwined with

14
religious beliefs, may experience substantial changes as a result of the UCC. Some religious
communities might interpret the introduction of a uniform code as an infringement on their
religious freedoms, perceiving it as an encroachment on their traditional practices. Conversely,
other communities may view the UCC as a progressive step forward, fostering equality and
justice across religious lines. This divergence in perspectives highlights the complex interplay
between legal reforms and religious beliefs in a multi-religious society.

The viewpoints of various religious leaders and communities regarding the UCC vary
considerably. While some proponents argue that a uniform code would advance principles of
equality and justice, others express opposition, contending that it undermines their religious
laws and practices. For instance, certain Muslim leaders have voiced apprehensions that the
UCC could compromise Islamic family law, which is traditionally observed within their
communities. On the other hand, some Hindu leaders advocate for the UCC, emphasizing its
potential to eradicate discriminatory practices that have historically marginalized individuals
within the Hindu social structure.

The diverse cultural, linguistic, and religious landscape of India presents both challenges and
opportunities for the effective implementation of a UCC. One significant challenge arises from
the need to respect and adapt to the myriad cultural differences that characterize various regions
across the country. Variations in customs and practices may necessitate modifications to the
uniform code to ensure it resonates with local sensibilities. Additionally, resistance from local
communities is a palpable concern, especially among those who view the UCC as a threat to
their cultural identity and heritage. On the flip side, the introduction of the UCC could serve to
promote national unity by establishing a common legal framework applicable to all citizens,
thereby reinforcing the notion of equality before the law. Furthermore, a uniform code could
streamline the administration of justice, minimizing the complexity of legal disputes and
enhancing overall governance.

The Uniform Civil Code presents a significant opportunity to reshape family structures, gender
roles, and religious practices in India. However, it is essential to navigate the potential
challenges inherent in implementing such a code within a diverse society. Attention must be
paid to the diverse perspectives of various religious communities, ensuring that the UCC strikes
a balance between safeguarding religious freedoms and promoting gender equality. A

15
successful implementation will require careful consideration, inclusivity, and respect for
India's rich cultural mosaic while striving for progress and justice.

16
POLITICAL AND POLICY ISSUES

Political and policy issues surrounding the Uniform Civil Code (UCC) represent a multifaceted
challenge within the context of India's rich tapestry of religious and cultural diversity.
Achieving political consensus on the UCC has emerged as a complex endeavour, vexed by
differing perspectives among various stakeholders.

Political parties in India exhibit a pronounced divergence of opinion regarding the UCC. Some
parties advocate for the UCC as a vital instrument for advancing equality and justice, positing
that a uniform approach to civil matters will facilitate equal rights, particularly for marginalized
communities. Conversely, other political factions express staunch opposition to the UCC,
framing it as an infringement on religious freedoms enshrined in the Constitution. This
contention reflects deeper societal divides, where the interplay of secular governance and
religious adherence becomes a focal point of political discourse. Moreover, religious groups
significantly influence the ongoing debate over the UCC. Many religious leaders and
communities harbour apprehensions that the implementation of a UCC could intrude upon their
traditional practices and beliefs. This resistance stems from a fear that a uniform legal
framework may not accurately represent the distinct customs and values inherent to various
faiths. On the other hand, there exists a segment of religious groups that supports the UCC,
viewing it as a progressive step toward eliminating practices perceived as discriminatory or
oppressive, particularly against women. This dichotomy underscores the complexity of
navigating public sentiment and maintaining religious harmony while pursuing legal reforms.

At the state level, governments play a pivotal role in the UCC discourse. While the central
government possesses the constitutional authority to propose and enact a UCC, state
governments would be instrumental in its practical implementation and enforcement. The
decentralization of authority allows for adaptations of the UCC that may be more sensitive to
local customs and cultural nuances. Therefore, any action regarding the UCC must consider
the varying legal, social, and economic landscapes across India’s states. The economic
implications associated with the UCC are substantial, particularly regarding women's
empowerment and broader social development. By addressing and abolishing discriminatory
practices related to marriage, divorce, and inheritance laws, the UCC presents an opportunity
to enhance the economic status of women. Legal equality in these domains would not only
enable women to assert their rights but also improve their access to resources and opportunities

17
for financial independence. Additionally, the potential for social development to flourish under
a UCC is noteworthy; reduced legal disputes stemming from ambiguous or segregated laws
may foster greater social harmony and cohesion among diverse communities. As an equitable
legal framework takes root, there are expectations of increased economic growth as societal
inequalities diminish, creating an environment conducive to prosperity. However, the
realization of these economic benefits hinges significantly on the manner in which the UCC is
conceived and implemented. A poorly designed UCC could lead to unintended consequences
that may exacerbate existing disparities. Therefore, meticulous planning and consideration of
the diverse needs and perspectives within Indian society are paramount.

The path to implementing a UCC is fraught with considerable challenges. Resistance from
various religious groups poses one of the most formidable obstacles, especially if they perceive
the UCC as a threat to the autonomy of their religious practices and beliefs. Additionally, the
administrative challenges of enacting a new legal code necessitate substantial resources and
specialized knowledge. The enforcement of the UCC will also encounter hurdles, particularly
in rural areas where awareness and understanding of legal provisions may be minimal. To
effectively address and mitigate these challenges, the government might adopt several strategic
measures. Public education campaigns could be instrumental in raising awareness about the
UCC, its objectives, and its potential advantages for society as a whole. Engaging in
consultations with key stakeholders—such as religious leaders, community representatives,
and civil society organizations—can ensure that the formulation of the UCC is attuned to the
concerns and values of those it seeks to govern. Furthermore, a phased implementation
approach may be prudent, initiating the UCC in regions where there is a relatively higher
degree of consensus and preparedness. Lastly, investing in capacity building for the judiciary
and law enforcement entities will be essential to equip them with the necessary resources and
expertise to implement and enforce the UCC effectively. The role of state governments in the
development and execution of the UCC cannot be overstated. They possess the ability to
provide valuable input that reflects the unique cultural and social contexts of their regions,
thereby ensuring that the UCC is responsive to local needs. State governments would bear the
primary responsibility of implementing the UCC within their jurisdictions, shaping the
frameworks through which it is operationalized. Additionally, they would play a critical role
in the enforcement of the UCC, actively investigating and prosecuting any violations that arise.
Such responsibilities highlight the significance of state-level governance in the broader
narrative surrounding the UCC and its potential to reshape civil rights in India. By

18
collaborating with the federal government, state governments may assist guarantee that the
UCC is implemented efficiently and fairly throughout India.

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JUDICIAL PRONOUNCEMENTS ON THE UNIFORM CIVIL CODE

The Uniform Civil Code (UCC) has emerged as a highly contentious topic within the Indian
legal and political landscape, with the Supreme Court of India assuming a pivotal role in
influencing the ongoing discourse surrounding this issue. The debate surrounding the UCC
encompasses complex intersections of religion, personal laws, and gender rights, and has been
shaped by several landmark judgments delivered by the Supreme Court. Notable among these
cases are the Shah Bano case and the Triple Talaq case, both of which have significantly
contributed to the dialogue concerning the need for a uniform legal framework governing
personal laws in India.

The Shah Bano case1, adjudicated in 1985, although not explicitly addressing the UCC, had
far-reaching implications for the discussion on personal laws in India. In this case, the Supreme
Court ruled in favour of Shah Bano, a Muslim woman, stipulating that she was entitled to
receive maintenance from her estranged husband under the provisions of the Muslim Women
(Protection of Rights on Divorce) Act, 1986. The court's ruling was met with polarized
reactions; on one side, critics argued that the decision encroached upon established personal
laws, thereby eliciting concerns about the potential erosion of religious practices. Conversely,
supporters of the ruling viewed it as a significant advancement in the quest for gender equality
and the protection of women's rights, underscoring the necessity of reconciling traditional
norms with contemporary legal principles. The Shah Bano case effectively illuminated the
inherent tension between religious personal laws and the secular legal framework that governs
civil rights in India.

In a more recent development, The Triple Talaq case 2 in 2017 constituted a landmark
judgment in which the Supreme Court declared the practice of instant triple talaq, also referred
to as talaq-e-biddat, unconstitutional. This judgment represented a critical advancement
towards achieving gender equality and challenged the entrenched patriarchal norms prevalent
within some segments of the Muslim community. While the court did not expressly advocate
for the establishment of a UCC, its ruling provoked significant discourse regarding the
necessity for a uniform legal code to rectify various discriminatory practices embedded within
personal laws. The implications of this judgment extended beyond the immediate concerns of

1
1985 AIR 945 1985 SCR (3) 844 1985 SCC (2) 556 1985 SCALE (1)767 CITATOR INFO : F 1986 SC 587
(4) RF 1987 SC1103 (10) D 1988 SC 644 (5,6) ACT:
2
Shayara Bano v. Union of India AIR 2017 SC 4609

20
instant divorce, prompting broader conversations about the role of law in safeguarding
women's rights and fostering equitable treatment across religious communities.

Additional relevant judgments have also contributed to the discussion surrounding the UCC
and the underlying principles of justice and equality. For instance, in the case of

Joseph Shine vs. Union of India3 in 2018, the Supreme Court invalidated the colonial-era
provision criminalizing adultery, arguing that it perpetuated systemic discrimination against
women. This ruling reinforced the imperative for a legal structure that promotes gender justice
and equality within the socio-legal framework of the country.

Similarly, in Danial Latifi vs. Union of India 4 in 2019, the Supreme Court upheld the
constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986,
thereby reaffirming the rights of Muslim women to claim maintenance and custody rights post-
divorce.

Several key themes have emerged from these pivotal judgments concerning the UCC. Foremost
among them is the emphasis on gender equality, signifying a pronounced judicial commitment
to dismantling discriminatory practices that undermine women's rights within personal laws.
Additionally, the Supreme Court has consistently navigated the intricate balance between
upholding religious freedom and adhering to the secular tenets enshrined in the Indian
Constitution. These judgments have also raised critical questions regarding the role of the state
in supervising personal laws and ensuring that all citizens, regardless of their religious
affiliations, are afforded equal protection under the law. While the Supreme Court has not
explicitly endorsed the implementation of a Uniform Civil Code, its judgments have
undeniably underscored the need for substantive reforms within personal laws to eradicate
discriminatory practices and advance the cause of gender equality. The cases outlined above
offer profound insights into the legal and political complexities associated with the potential

3
(2019) 3 SCC 39, AIR 2018 SC 4898
4
AIR 2001 SUPREME COURT 3958, 2001 AIR SCW 3932, 2007 (3) SCC(CRI) 266, (2002) 1 CGLJ 184, (2001) 8 JT 218 (SC), 2001 (8)
JT 218, 2001 (6) SCALE 537, 2001 (7) SCC 740, 2002 CALCRILR 1, 2002 (1) ALL CJ 490, 2001 (4) LRI 36, (2002) ILR(KER) 1 SC 287,
(2001) 4 ALLMR 829 (SC), 2001 (10) SRJ 122, 2002 (1) BLJR 745, 2002 ALL CJ 1 490, (2001) ILR (KANT) (2) 5289, (2001) 2
RECCRIR 58, (2001) 2 ALLCRILR 405, (2001) 21 OCR 707, (2002) 1 CURCRIR 187, (2002) 1 CHANDCRIC 101, (2001) 2 DMC 714,
(2002) 1 GUJ LR 531, (2001) 3 GUJ LH 465, (2001) 2 HINDULR 528, (2001) 3 KER LT 651, (2002) 1 MAD LJ 40, (2002) 2 MAD LW
372, (2001) 3 MAHLR 601, (2002) 1 MARRILJ 18, (2002) MATLR 53, (2001) 4 RECCRIR 468, (2001) 4 SCJ 1, (2001) 4 CURCRIR 81,
(2001) 6 ANDHLD 63, (2001) 7 SUPREME 297, (2001) 6 SCALE 537, (2002) 1 UC 3, (2001) 45 ALL LR 426, (2002) 2 BLJ 237, (2001)
3 CAL HN 87, 2001 (2) ANDHLT(CRI) 327 SC

21
realization of a UCC in India, reflecting an ongoing struggle for rights that transcends
communal boundaries and seeks to establish a more equitable society.

22
REALITY AND FALIURE OF UNIFORM CIVIL CODE

REALITY

The implementation of the Uniform Civil Code (UCC) may seem ideal, but there are lingering
concerns. In the 1985 case of Mohammad Ahmed Khan v. Shah Bano Begum5, the Supreme
Court emphasized the pressing need for a uniform code, noting the disappointment in the
continued neglect of Article 44 of the Indian Constitution.

In the same year, in Jorden Diengdeh v. S.S. Chopra6, the court highlighted the necessity for
legislative action to establish a uniform Civil Code concerning marriage and divorce.

A decade later, the landmark case of Sarla Mudgal v. Union of India 7underscored the urgent
requirement for a UCC and clarified that it would not infringe upon the fundamental rights
related to the religion of any community members. In this case, the court urged then Prime
Minister Narsimha Rao to reassess Article 44 of the Constitution.

In the 2003 judgment of John Vallamattom v. Union of India,8 the need for establishing a
UCC was reiterated, with the goal of eliminating contradictions stemming from diverse
ideologies.

In 2006, the Supreme Court of India, in the matter of Seema v. Ashwani Kumar9, ruled that
all marriages, regardless of religion, caste, or creed, must be mandatorily registered.
Additionally, in this case, Justices Arijit Pasayat and S.H. Kapadia directed both the Centre
and State to enact laws for compulsory registration and outlined the consequences for non-
compliance with such regulations. This case became one of the significant milestones in the
ongoing discourse surrounding the UCC.

The resolution of significant legal cases has addressed various challenges faced by Indian
women in their daily lives. These include the prevention of child marriage, the prohibition of
bigamy, securing women's property rights, maintenance, and custody of children, as well as

5
1985 AIR 945 1985 SCR (3) 844 1985 SCC (2) 556 1985 SCALE (1)767 CITATOR INFO : F 1986 SC 587
(4) RF 1987 SC1103 (10) D 1988 SC 644 (5,6) ACT
6
1985 AIR 935 1985 SCR Supl. (1) 704 1985 SCC (3) 62 1985 SCALE (1)952
7
1995 AIR 1531, 1995 SCC (3) 635, JT 1995 (4) 331, 1995 SCALE (3) 286.
8
Writ Petition (C) No. 242 of 1997
9
AIR 2006 SUPREME COURT 1158, 2006 (2) AIR BOM R 783, 2006 (2) AIR KANT HCR 402, (2006) 2
SUPREME 66, (2006) 1 KER LT 791, (2006) 2 PAT LJR 116, (2006) 3 SCJ 101.

23
enabling widows to claim inheritance from their husbands. In 1954, the implementation of the
Special Marriage Act granted citizens the right to have civil marriages without discrimination
based on caste or religion. The Indian Succession Act of 1925 further signalled progress
towards a uniform civil code. A recent milestone case, Shayara Bano v. Union of India10,
commonly known as the Triple Talaq case, led to the Supreme Court abolishing the practice
of talaq under Muslim law and criminalizing it through the Muslim Women (Protection of
Rights on Marriage) Act, 2019. Additionally, in the case of T.M.A Pai Foundation v. State
of Karnataka11, the Supreme Court reaffirmed that India's secularism respects individuals of
diverse beliefs and faiths, highlighting the complexity of instituting a uniform civil code given
India's proud and diverse identity.

FAILURE

The primary flaw of UCC is that it contradicts the principle of Secularism enshrined in the
preamble of the Indian Constitution. When the Constitution was being drafted, both the citizens
of this nation and migrants from Pakistan and Bangladesh were concerned that their religious
beliefs would be compromised. The framers of the Constitution assured them that their religion
would not be affected in any way, even after the partition of Bengal and India's independence.
Additionally, one of the key aspects of the Indian Constitution is secularism. The term
"Secularism" was incorporated into the preamble of the Indian Constitution through the 42nd
Constitutional Amendment Act of 1976. In a secular state, there is no official state religion,
and the state remains completely separate from religious doctrines. This also means that
citizens are free to follow, practice, and promote any religion of their choosing, as outlined in
Article 25 of the Indian Constitution. In the case of S.R. Bommai v. Union of India12, the
highest court ruled that "Secularism is a fundamental feature of the Constitution." Religion is
a personal belief that should not be intertwined with secular activities. The UCC emphasizes
the "one nation one code" principle, while secularism pertains to practicing or professing any
religion of our choice. This is one of the reasons why the implementation of UCC in Indian
Territory is essential.

Additionally, the UCC supports Gender Justice by abolishing discrimination between men and
women, ensuring equal status for both genders in terms of property, inheritance, and more. The

10
Shayara Bano v. Union of India AIR 2017 SC 4609
11
AIR 2003 SC 355
12
([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1)

24
Mitakshara School of Hindu Law historically discriminates against women, as daughters have
no rights to ancestral property and only gain rights after marriage, i.e., to their husband's
property. Even though daughters now have equal rights to their parents' property after the 2005
amendment, the issue of daughters-in-law inheriting property from their in-laws remains
unresolved.

In Muslim law, male members receive twice the property of women under the same degree of
relationship through inheritance. Moreover, under Muslim law, the father is the exclusive
guardian of the person and property of his minor child. Examination of Christianity reveals that
a husband can easily file for divorce on the grounds of his wife's adultery, but the wife cannot
file for divorce solely on the basis of adultery; it needs to be coupled with cruelty, bigamy, or
similar grounds. Consequently, this form of discrimination and exploitation against women
exists across all religions.

25
FUTURE DIRECTIONS AND RECOMMENDATIONS FOR THE
UNIFORM CIVIL CODE

UCC and Codification

One of the prominent strategies for achieving a Uniform Civil Code in India lies in the
codification of personal laws. Codification entails the meticulous compilation and systematic
organization of various laws into a unified legal framework. This process aims to clarify and
harmonize the existing personal laws, thus enhancing their accessibility and
comprehensibility for the general populace. The implications of such codification are
profound, as it could eliminate ambiguities and inconsistencies that currently exist within the
multiplicity of personal laws governed by different religious communities. Nevertheless, the
codification process necessitates an exhaustive examination of the diverse religious and
cultural traditions that characterize Indian society. India is home to a multitude of practices
and beliefs, each with its own set of personal laws. Therefore, it is imperative that the
codification process is conducted with inclusivity in mind, granting due respect to the rights
and beliefs of various communities. This careful approach would facilitate the evolution of
personal laws that are not only just but also representative of the nation's pluralistic ethos.

Alternative Approaches to UCC

Beyond the avenue of codification, various alternative strategies may be explored to foster a
more equitable and just legal framework in India. Among these strategies is the harmonization
of laws. Harmonization refers to the alignment of disparate legal provisions to establish a more
coherent and consistent legal system. Achieving this could involve amending existing personal
laws or instituting new laws designed to apply uniformly to all citizens, thereby minimizing
discrepancies across different communities.

Another potential strategy for advancing towards a UCC involves the establishment of common
civil codes. This concept advocates for a legal code that is applicable to all citizens, irrespective
of their religious affiliations or personal laws. Such a move could represent a significant
progression towards legal uniformity, signalling a commitment to equality and non-
discrimination under the law. However, the implementation of common civil codes would
require a robust societal consensus and thorough legal groundwork to ensure that it does not
infringe upon the rights of minority communities. The selection of an appropriate approach to
implementing a UCC will be influenced by multiple factors, including the existing political

26
climate, the willingness of diverse stakeholders to engage in meaningful compromise, and the
practicality of executing various proposed reforms. Each approach carries distinct advantages
and challenges, necessitating a thoughtful evaluation of the conditions under which they might
best be applied.

Recommendations for Policy Makers, to ensure the effective implementation of the UCC or
any alternative reform measures pertaining to personal laws in India, policymakers must
contemplate several critical recommendations:

First, it is essential to engage in comprehensive consultations with a wide array of stakeholders.

This process should involve religious leaders, civil society organizations, legal experts, and
representatives of various communities to ensure that the reform agenda is inclusive and
honours the rights of all citizens. Second, conducting thorough research is imperative.
Policymakers should assess the potential advantages and disadvantages associated with various
reform approaches. Such research would provide valuable insights into the implications of
different strategies for personal law reform. Third, building a consensus is crucial.
Policymakers must endeavour to forge agreements among various political factions and interest
groups, fostering a collaborative environment conducive to advancing legal reforms.

Moreover, implementing reforms in a phased manner could prove beneficial. Initiating changes
in areas where there is a higher degree of consensus could pave the way for broader acceptance
and facilitate the gradual adoption of more contentious reforms. Finally, a robust system for
monitoring and evaluating the reforms must be established. Regular assessments should be
conducted to identify challenges that may arise during implementation, thus allowing for
timely adjustments to be made in response to any unforeseen complications.

Role of Civil Society in UCC

Civil society organizations occupy a vital position in the advocacy and promotion of the
Uniform Civil Code. Their contributions can manifest in several key areas:

First, these organizations can play an instrumental role in raising public awareness regarding
the UCC and its prospective benefits. By disseminating information and clarifying
misconceptions, civil society can help to foster a more informed citizenry who understands the
necessity for legal reform. Second, civil society organizations can mobilize support for the
UCC through strategic public campaigns and advocacy efforts. By harnessing grassroots

27
movements and engaging with communities, these organizations can amplify calls for reform
and pressure policymakers to act. Third, civil society organizations can provide valuable
expertise and guidance to policymakers during the development and implementation phases of
the UCC. Their insights, grounded in practical experience and research, can help ensure that
the proposed laws are equitable and effective. Lastly, civil society organizations have a critical
role in monitoring the implementation of the UCC and holding government entities accountable
for their actions. By maintaining oversight and advocating for adherence to the principles of
equality and justice, civil society can contribute to the successful realization of a Uniform Civil
Code that serves the interests of all citizens.

Through collaborative efforts with policymakers and other stakeholders, civil society
organizations can significantly influence the trajectory of UCC implementation, ultimately
contributing to a more equitable legal framework in India.

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CONCLUSION

The improper implementation of the Uniform Civil Code (UCC) within the socio-legal
framework of Indian society has resulted in numerous significant failures across various critical
areas. In 2018, the Law Commission of India articulated that the UCC is neither deemed
necessary nor desirable at this particular juncture in the nation’s evolution. This assessment
highlights the complexities and sensitivities surrounding the topic of personal laws in India,
where religion plays a central and profound role in the lives of many individuals.

The interplay between personal beliefs and legislative frameworks calls for a nuanced
understanding of how various religious practices influence the lives of citizens. While
acknowledging the importance of religion, it is imperative to strive for a legal structure that
encompasses all faiths under a singular legislative framework, thereby promoting unity and
equality. The Commission's assertion underscores the need for a secular approach that
harmonizes with the rich tapestry of diversity inherent in Indian society. Moreover, the need
to consolidate all personal laws has been emphasized as a solution to mitigate legal violations
and discrimination that currently arise due to the multifaceted nature of personal laws based on
different religious beliefs. The potential establishment of a gender-neutral legal framework is
crucial in addressing existing disparities and ensuring equal rights for all individuals,
irrespective of their gender, thereby fostering a more equitable society.

Considering the evolving socio-political landscape, the introduction of the UCC in India is
timely. Such a code would not only acknowledge the significance of religious beliefs but also
prioritize the overall benefits to the public that could arise from its implementation.
Emphasizing equality, justice, and the protection of individual rights, the UCC presents an
opportunity to create a more cohesive and fair legal environment for all citizens. The challenge
lies in balancing the respect for religious identities with the imperative for uniformity in civil
laws to ensure a just and comprehensive legal framework that reflects the core values of Indian
democracy.

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REFERENCES
• https://ijlmh.com/paper/uniform-civil-code-a-myth-or-a-reality/
• https://ceerapub.nls.ac.in/journal-of-law-public-policy-vol-4/
• https://www.deccanherald.com/opinion/the-moon-in-the-mirror-2-1094374.html
• https://academic.oup.com/book/35404/chapter-
abstract/302791939?redirectedFrom=fulltext
• https://timesofindia.indiatimes.com/city/chennai/panel-of-eminent-jurists-reopens-
debate-on-uniform-civil-code/articleshow/45008899.cms

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