Uniform Civil Code

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Project on

“UNIFORM CIVIL CODE”

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Acknowledgement

I wish to express my sincere gratitude to prof. R.H.Gorane, principal and Mrs. Nidhi Raman, I wish to express my sincere gratitude to prof. R.H.Gorane, principal and Mrs. Nidhi Raman, faculty of family law of iddhartha !aw "ollege for pro#iding me an opportunity to do my faculty of family law of iddhartha !aw "ollege for pro#iding me an opportunity to do my pro$ect

pro$ect wor% wor% on on &'niform &'niform "i#il "od"i#il "ode(. e(. )his pro$ect )his pro$ect *ears *ears on on imprint of imprint of many many people. people. !ast *u!ast *utt not least I wish to a#ail myself of this opportunity, express a sense of gratitude and lo#e to my not least I wish to a#ail myself of this opportunity, express a sense of gratitude and lo#e to my friends and my *elo#ed parents for their manua

friends and my *elo#ed parents for their manual support, strength, help and for e#erything.l support, strength, help and for e#erything. ar#esh mani pandey

ar#esh mani pandey +..!!.+.

-+..!!.+. -RR /M/)/R /M/)/R

 

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Introduction Introduction

'niform ci#il code, $ust three words and a drastic change in the legal system of India. s we 'niform ci#il code, $ust three words and a drastic change in the legal system of India. s we %now that India is a di#ersified country and its population constitutes people from so many %now that India is a di#ersified country and its population constitutes people from so many religions, caste and tri*es. o it is not pragmatic to ma%e different laws for e#ery religion, tri*e. religions, caste and tri*es. o it is not pragmatic to ma%e different laws for e#ery religion, tri*e. Moreo#er, it will create chaos in the society as there will *e no uniformity in the laws. econdly, Moreo#er, it will create chaos in the society as there will *e no uniformity in the laws. econdly, unifo

uniform ci#il code rm ci#il code will *ring uniformwill *ring uniformity in ity in the laws. Imagine two the laws. Imagine two citicitiens of ens of same country aresame country are go#erned with different laws $ust *ecause they practice different religion or $ust *ecause they go#erned with different laws $ust *ecause they practice different religion or $ust *ecause they *elong to

*elong to different caste. In different caste. In addition to addition to all this, all this, !aw cannot !aw cannot afford to *e afford to *e selecti#e in selecti#e in application.application. It has to

It has to *e general and uniform unless the area of operation of a *e general and uniform unless the area of operation of a partiparticular law or the cular law or the people itpeople it deals with are

deals with are distidistinguishnguisha*le from a*le from others and others and such distinctsuch distinction has ion has reasoreasona*le connection withna*le connection with the purpose of the law in 2uestion. It is crucial time that India had uniform laws regarding the purpose of the law in 2uestion. It is crucial time that India had uniform laws regarding marriage, di#orce, maintenance, inheritance and succession.

marriage, di#orce, maintenance, inheritance and succession.

)he issue of introduction of the 'niform "i#il "ode in India has *een de*ated upon since the )he issue of introduction of the 'niform "i#il "ode in India has *een de*ated upon since the time India attained independence with the Indian 3arliament de*ating on it in as early as 1456. It time India attained independence with the Indian 3arliament de*ating on it in as early as 1456. It wit

witnesnessed sed somsome e strstrong ong oppooppositsition ion frofrom m the the MusMuslim lim funfundamdamententalialists sts li%li%e e 3o%e3o%er r aheahe* * andand mem

mem*er*ers s frofrom m othother er relreligiigionsons. . )ho)hough ugh it it did did get get supsupporport t frofrom m the the "ha"hairmirman an of of the raftthe raft "om

"ommitmittee tee and and fatfather her of of our our "on"onststituitutiotion n rr. . +.R+.R. . mm*ed%*ed%ar ar aloalong ng witwith h somsome e proprominminentent $ournalists

$ournalists li%e li%e G.. G.. Iyengar, Iyengar, 7.M. 7.M. Munshi$i Munshi$i and and lladi lladi 7rishnaswamy 7rishnaswamy Iyer Iyer amongst amongst others others toto name a few. )hough the "ongress had promised it would allow Muslims to practice Islamic laws, name a few. )hough the "ongress had promised it would allow Muslims to practice Islamic laws, there was a fear, among Muslims, of a possi*le interference with the Muslim personal laws and there was a fear, among Muslims, of a possi*le interference with the Muslim personal laws and they contended that India would not *e the same again if '"" was to *e introduced. s a they contended that India would not *e the same again if '"" was to *e introduced. s a compromise, the architects of the "onstitution included the 'niform "i#il "ode under the head compromise, the architects of the "onstitution included the 'niform "i#il "ode under the head of irecti#e 3rinciples of tate 3olicy in rticle 55. ome distinguished mem*ers did show their of irecti#e 3rinciples of tate 3olicy in rticle 55. ome distinguished mem*ers did show their dissent stating that the path towards nationhood was *eing hampered *y the #ery existence of dissent stating that the path towards nationhood was *eing hampered *y the #ery existence of religion8*ased personal laws. /arlier it was fa#oured to guarantee the 'niform "i#il "ode to the religion8*ased personal laws. /arlier it was fa#oured to guarantee the 'niform "i#il "ode to the Indians within fi#e to ten years. ixty8three years ha#e passed and we9re still pondering o#er Indians within fi#e to ten years. ixty8three years ha#e passed and we9re still pondering o#er such a

such a possi*ilitypossi*ility.. !aws relat

!aws relating to crime and punishming to crime and punishment are uniform for all citient are uniform for all citiens. ens. o are the laws relating too are the laws relating to com

commermerce, ce, concontratracts cts and and othother er econeconomiomic c affaffairairs. 3roceds. 3roceduraural l lawlaws s incincludluding ing lawlaws s relrelatiatingng e#idenc

e#idence etc are also uniform for e#erye etc are also uniform for e#eryone. one. !aws of taxati!aws of taxation are same for all except that iton are same for all except that it

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-recognises certain religious customs pre#alent in the society, li%e Hindu 'ndi#ided :amily recognises certain religious customs pre#alent in the society, li%e Hindu 'ndi#ided :amily ;H':<, for special treatment.

;H':<, for special treatment.

Howe#er, family affairs such as marriage, di#orce, inheritance, guardianship and adoption are Howe#er, family affairs such as marriage, di#orce, inheritance, guardianship and adoption are leg

legallally y perpermitmitted ted to to *e *e go#ego#ernerned d *y *y cuscustomtoms s or or rulrules es applapplicaica*le to *le to the persothe persons ns and their and their community.

community. )his has *een the practice from t)his has *een the practice from the time of +ritish he time of +ritish rule ;e#en *efore that<, *ecauserule ;e#en *efore that<, *ecause it was considered prudent not to distur* the people9s religious and community customs as far as it was considered prudent not to distur* the people9s religious and community customs as far as their pri#ate aff

their pri#ate affairs are concerned. airs are concerned. )he same position conti)he same position continued e#en after the independence andnued e#en after the independence and people were permitted to follow their respecti#e personal laws.

people were permitted to follow their respecti#e personal laws.

o this paper analyses uniform ci#il code from a different point of #iew. long with case laws o this paper analyses uniform ci#il code from a different point of #iew. long with case laws and commentaries it also emphasies on morality #iew. )he 2uestion here is do we need ucc or and commentaries it also emphasies on morality #iew. )he 2uestion here is do we need ucc or not=

not=



 Scen!rio of uniform ci+i" code in Indi! ti"" d!te-Scen!rio of uniform ci+i" code in Indi! ti""

d!te-s we %now that it is pro#ided in the article 55 of the constitution that tate shall endea#or to s we %now that it is pro#ided in the article 55 of the constitution that tate shall endea#or to secure for the citiens a uniform ci#il code throughout the territory of India. e*ates ha#e *een secure for the citiens a uniform ci#il code throughout the territory of India. e*ates ha#e *een going on whether to implement ucc or not.

going on whether to implement ucc or not. )he most disc

)he most discussussed case in ed case in the refethe referenrence ce of ucc of ucc isis Moh!mm!d !hmed )h!n +( %h!h b!noMoh!mm!d !hmed )h!n +( %h!h b!no be;um:

be;um: popularly %nown popularly %nown as as shah shah *ano *ano case. case. In In this case, this case, the the supreme supreme court court of of India India first timefirst time calle

called for ucc d for ucc when a penurious Muslwhen a penurious Muslim woman claimed for maintenanim woman claimed for maintenance ce from her hus*andfrom her hus*and under ection 1> of the "ode of "riminal 3rocedure after she was gi#en triple tala2 from him. under ection 1> of the "ode of "riminal 3rocedure after she was gi#en triple tala2 from him. )he upreme "ourt held that the Muslim woman ha#e a right to get maintenance from her )he upreme "ourt held that the Muslim woman ha#e a right to get maintenance from her hus*and under ection 1>. )he "ourt also held that rticle 55 of the "onstitution has remained hus*and under ection 1>. )he "ourt also held that rticle 55 of the "onstitution has remained a

a dedead ad lletettterer. . ))he he tthehen n "h"hieief f ?u?usstitice ce of of IIndndiia a @@..AA. . "h"hanandrdracachuhud d o*o*sserer#e#ed d ththatat,, B common ci#il code will help the cause of national integration *y remo#ing disparate loyalties B common ci#il code will help the cause of national integration *y remo#ing disparate loyalties tto o llaaw w wwhhiicch h hhaa##e e ccoonnfflliiccttiinng g iiddeeoollooggiieessBB

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fter this decision, nationwide discussions, meetings, and agitation were held. )he then Ra$i# fter this decision, nationwide discussions, meetings, and agitation were held. )he then Ra$i# Gandhi led Go#ernment o#erturned the hah +ano Aallamatton filed a writ petition in the year Gandhi led Go#ernment o#erturned the hah +ano Aallamatton filed a writ petition in the year 144C stating that ection 116 of the said ct was discriminatory against the "hristians as it 144C stating that ection 116 of the said ct was discriminatory against the "hristians as it impose unreasona*le restrictions on their donation of property for religious or charita*le purpose impose unreasona*le restrictions on their donation of property for religious or charita*le purpose *y

*y will. will. )he )he *ench *ench comprising comprising of of "hief "hief ?ustice ?ustice of of India India AA..N. N. 7hare, 7hare, ?ustice ?ustice .+. .+. inha inha andand ?ustice .R. !a%shamanan struc% down the ection declaring it to *e unconstitutional. "hief ?ustice .R. !a%shamanan struc% down the ection declaring it to *e unconstitutional. "hief ??uussttiicce e 77hhaarre e ssttaatteed d tthhaatt,, BDe would li%e to tate that rticle 55 pro#ides that the tate shall endea#our to secure for all BDe would li%e to tate that rticle 55 pro#ides that the tate shall endea#our to secure for all citiens a uniform ci#il code throughout the territory of India It is a matter of great regrets that citiens a uniform ci#il code throughout the territory of India It is a matter of great regrets that rticle 55 of the "onstitution has not *een gi#en effect to. 3arliament is still to step in for rticle 55 of the "onstitution has not *een gi#en effect to. 3arliament is still to step in for framing a common ci#il

framing a common ci#il code in the coucode in the country. ntry.   common ci#il code common ci#il code will help the cause owill help the cause of nationalf national iinntteeggrraattiioon n **y y rreemmoo##iinng g tthhe e ccoonnttrraaddiiccttiioonns s **aasseed d oon n iiddeeoollooggiieess..BB )hus, as seen a*o#e, the apex court has on se#eral instances directed the go#ernment to realise )hus, as seen a*o#e, the apex court has on se#eral instances directed the go#ernment to realise the directi#e principle enshrined in our "onstitution and the urgency to do so can *e inferred the directi#e principle enshrined in our "onstitution and the urgency to do so can *e inferred from the same case decision *y way of Muslim Domen ;Right to 3rotection on i#orce< ct, from the same case decision *y way of Muslim Domen ;Right to 3rotection on i#orce< ct, 146E which curtailed the right of a Muslim woman for maintenance under ection 1> of the 146E which curtailed the right of a Muslim woman for maintenance under ection 1> of the "ode of "riminal 3rocedure. )he explanation gi#en for implementing this ct was that the "ode of "riminal 3rocedure. )he explanation gi#en for implementing this ct was that the upreme "ourt had merely made an o*ser#ation for enacting the '"", not *inding on the upreme "ourt had merely made an o*ser#ation for enacting the '"", not *inding on the go#ernment or the 3arliament and that there should *e no interference with the personal laws go#ernment or the 3arliament and that there should *e no interference with the personal laws unless the demand comes from within.

unless the demand comes from within.

)he second instance in which the upreme "ourt again directed the go#ernment of rticle 55 )he second instance in which the upreme "ourt again directed the go#ernment of rticle 55 was in the case of

was in the case of arla Mudgal #. 'nion of India. In this case, the arla Mudgal #. 'nion of India. In this case, the 2uestion was whether a Hindu2uestion was whether a Hindu hus*and, married under the Hindu law, *y em*racing Islam, can solemnise second marriage )he hus*and, married under the Hindu law, *y em*racing Islam, can solemnise second marriage )he "ourt held that a Hindu marriage solemnised under the Hindu law can only *e dissol#ed on any "ourt held that a Hindu marriage solemnised under the Hindu law can only *e dissol#ed on any of the grounds specified under the Hindu Marriage ct, 14>>. "on#ersion to Islam and Marrying of the grounds specified under the Hindu Marriage ct, 14>>. "on#ersion to Islam and Marrying again would not, *y itself, dissol#e the Hindu marriage under the ct. nd, thus, a second again would not, *y itself, dissol#e the Hindu marriage under the ct. nd, thus, a second marriage solemnised after con#erting to Islam would *e an offence under ection 545 of the marriage solemnised after con#erting to Islam would *e an offence under ection 545 of the IInnddiiaann 33eennaall ""ooddee..

> >

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?ustice 7uldip ingh also opined that rticle 55 has to *e retrie#ed from the cold storage where ?ustice 7uldip ingh also opined that rticle 55 has to *e retrie#ed from the cold storage where it is lying since 1454. )he Hon9*le ?ustice referred to the codification of the Hindu personal law it is lying since 1454. )he Hon9*le ?ustice referred to the codification of the Hindu personal law

aanndd hheelldd,,

BDhere more than 60 percent of the citiens ha#e already *een *rought under the codified BDhere more than 60 percent of the citiens ha#e already *een *rought under the codified personal law there

personal law there is no $ustification whatsoe#er is no $ustification whatsoe#er to %eep to %eep in a*eyance, in a*eyance, any more, any more, the introductionthe introduction o

of f tthhe e FFuunniiffoorrm m ccii##iil l ccooddee9 9 ffoor r aalll l tthhe e cciittiieenns s iin n tthhe e tteerrrriittoorry y oof f IInnddiiaa..BB )he upreme "ourt9s latest reminder to the go#ernment of its "onstitutional o*ligations to enact )he upreme "ourt9s latest reminder to the go#ernment of its "onstitutional o*ligations to enact a '"" came in ?uly 00- when a "hristian priest %noc%ed the doors of the "ourt challenging the a '"" came in ?uly 00- when a "hristian priest %noc%ed the doors of the "ourt challenging the "onstitutional #alidity of ection 116 of the Indian uccession ct. )he priest from 7erala, ?ohn "onstitutional #alidity of ection 116 of the Indian uccession ct. )he priest from 7erala, ?ohn Aallamatton filed a writ petition in the year 144C stating that ection 116 of the said ct was Aallamatton filed a writ petition in the year 144C stating that ection 116 of the said ct was discriminatory against the "hristians as it impose unreasona*le restrictions on their donation of discriminatory against the "hristians as it impose unreasona*le restrictions on their donation of property

property for for religious religious or or charita*le charita*le purpose purpose *y *y will. will. )he )he *ench *ench comprising comprising of of "hief "hief ?ustice ?ustice of of India A.N. 7hare, ?ustice .+. inha and ?ustice .R. !a%shamanan struc% down the ection India A.N. 7hare, ?ustice .+. inha and ?ustice .R. !a%shamanan struc% down the ection d

deeccllaarriinng g iit t tto o *e *e uunnccoonnssttiittuuttiioonnaall. . ""hhiieef f ??uussttiicce e 77hhaarre e ssttaatteed d tthhaatt,, BDe would li%e to tate that rticle 55 pro#ides that the tate shall endea#our to secure for all BDe would li%e to tate that rticle 55 pro#ides that the tate shall endea#our to secure for all citiens a uniform ci#il code throughout the territory of India It is a matter of great regrets that citiens a uniform ci#il code throughout the territory of India It is a matter of great regrets that rticle 55 of the "onstitution has not *een gi#en effect to. 3arliament is still to step in for rticle 55 of the "onstitution has not *een gi#en effect to. 3arliament is still to step in for framing a common ci#il

framing a common ci#il code in the coucode in the country. ntry.   common ci#il code common ci#il code will help the cause owill help the cause of nationalf national integration *y remo#ing the contradictions *ased on ideologies.B

integration *y remo#ing the contradictions *ased on ideologies.B

No

Notete-- Goa is the only state in India that regardless of religion has an active and enforced Goa is the only state in India that regardless of religion has an active and enforced Uniform Civil Code (UCC) for

Uniform Civil Code (UCC) for all citizens even though all citizens even though India has different civil laws for different India has different civil laws for different re

reliligiogious us comcommunmunitiities. es. The The PorPortugtuguesuese e CivCivil il CodCode e thathat t reremaimains ns in in forforce ce eveeven n todtoday ay waswas iinnttrroodduucceed d iin n tthhe e 11tth h cceennttuurry y iin n GGooa a aannd d wwaassnn!!t t rree""llaaceced d aafftteer r llii##eerraattiioonn.. The Uniform civil code in Goa is a "rogressive law that allows e$ual division of income and The Uniform civil code in Goa is a "rogressive law that allows e$ual division of income and "ro"erty re

"ro"erty regardless of gender #etween hus#and and wife and also gardless of gender #etween hus#and and wife and also #etween children. %very #irth&#etween children. %very #irth& d

deeaatth h aannd d mmaarrrriiaagge e hhaas s tto o ##e e ccoomm""uullssoorriilly y rreeggiisstteerreedd.. E

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'or

'or divorce divorce there there are are severe severe "rovisions."rovisions. uslims uslims that have their marriages registered in Goa that have their marriages registered in Goa cannot tae more than one wife or divorce #y "ronouncing *tala* thrice. +uring the course of cannot tae more than one wife or divorce #y "ronouncing *tala* thrice. +uring the course of marriage all the "ro"erty and wealth owned or

marriage all the "ro"erty and wealth owned or ac$uired #y each s"ouse is commonly ac$uired #y each s"ouse is commonly held #y theheld #y the cou"le. %ach s"ouse in case of divorce is entitled to a half share of the "ro"erty and if one dies& cou"le. %ach s"ouse in case of divorce is entitled to a half share of the "ro"erty and if one dies& tthhe e oowwnneerrsshhii" " ovveer o r hhaallf f oof f tthhe e ""rroo""eerrtty y iis s rreettaaiinneed d ##y y tthhe e ootthheerr.. ,ccording

,ccording to to the the Uniform Uniform Civil Civil Code Code even even if if the the children children (#oth (#oth male male and and female) female) have have got got married and left the house& the other half has to #e divided e$ually among them. Thus the married and left the house& the other half has to #e divided e$ually among them. Thus the "arents cannot

"arents cannot disinherit the disinherit the children totally children totally as as they they can can dis"ose dis"ose only only half half of of the the "ro"erty in "ro"erty in aa wi

will ll anand d ththe e rreest st hahas s to to #e #e cocom"m"ululsosoririly ly anand d e$e$uaualllly y shsharared ed amamonongsgst t ththe e chchilildrdrenen.. )hus, as seen a*o#e, the apex court has on se#eral instances directed the go#ernment to realise )hus, as seen a*o#e, the apex court has on se#eral instances directed the go#ernment to realise the directi#e principle enshrined in our "onstitution and the urgency to do so can *e inferred the directi#e principle enshrined in our "onstitution and the urgency to do so can *e inferred from the same.

from the same.



 '%ect% of ucc-'%ect% of

ucc-•

• 8omen ri;ht%-8omen ri;ht%- one of the most discussed topic these days is women rights and e2uality.one of the most discussed topic these days is women rights and e2uality.

:or far too long women ha#e *een #ictimied and $ustice has *een denied to them under :or far too long women ha#e *een #ictimied and $ustice has *een denied to them under the pretence of personal law.

the pretence of personal law. 3ersonal laws of all religions di3ersonal laws of all religions discriminate against womenscriminate against women on matters of marriage, di#orce, inheritance and so on. )here is an urgent need to cull out on matters of marriage, di#orce, inheritance and so on. )here is an urgent need to cull out the $ust and

the $ust and e2uitae2uita*le laws of *le laws of all religioall religions and ns and form a form a *luepr*lueprint for a int for a uniforuniform ci#il codem ci#il code *ased on

*ased on gender $ustice. )he gender $ustice. )he Hindu code Hindu code cannot *e cannot *e applied uniformly to applied uniformly to all religions. nall religions. n the other hand, triple tala2 would ha#e to

the other hand, triple tala2 would ha#e to go, as would polygamy and all go, as would polygamy and all the ad#antagthe ad#antageses that accrue to Hindu und

that accrue to Hindu undi#ided families in matters of property and inheritance. >6 years isi#ided families in matters of property and inheritance. >6 years is a long time for women to wait for gender $ustice. De need a de*ate on a uniform ci#il a long time for women to wait for gender $ustice. De need a de*ate on a uniform ci#il code not *ecause it is a magic wand with which all ills that *esiege women will code not *ecause it is a magic wand with which all ills that *esiege women will disappear, not *ecause it will lead to integration as the sangh pari#ar claims it will  disappear, not *ecause it will lead to integration as the sangh pari#ar claims it will  unity need not imply a dra* sameness  *ut *ecause it will *e an important step in unity need not imply a dra* sameness  *ut *ecause it will *e an important step in freeing women from the shac%les of a patriarchal society.

freeing women from the shac%les of a patriarchal society.

•

• Secu"!ri%m-Secu"!ri%m- )he spine of contro#ersy re#ol#ing around '"" has *een secularism and )he spine of contro#ersy re#ol#ing around '"" has *een secularism and

the freedom of religion enumerated in the "onstitution of India. )he pream*le of the the freedom of religion enumerated in the "onstitution of India. )he pream*le of the "onstitution states that India is a Bsecular democratic repu*licB )his means that there is "onstitution states that India is a Bsecular democratic repu*licB )his means that there is

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no tate religion.  secular tate shall not discriminate against anyone on the ground of no tate religion.  secular tate shall not discriminate against anyone on the ground of religion.  tate is only concerned with the relation *etween man and man. It is not religion.  tate is only concerned with the relation *etween man and man. It is not concerned with the relation of man with God. It does not mean allowing all religions to concerned with the relation of man with God. It does not mean allowing all religions to *e

*e practiced. practiced. It It means means that that religion religion should should not not interfere interfere with with the the mundane mundane life life of of anan indi#idual.

indi#idual.

In .R. +ommai #. 'nion of India6J, as per ?ustice ?ee#an Reddy, it was held that In .R. +ommai #. 'nion of India6J, as per ?ustice ?ee#an Reddy, it was held that religion is the matter of indi#idual faith and cannot *e mixed with secular acti#ities. religion is the matter of indi#idual faith and cannot *e mixed with secular acti#ities. ecular acti#ities can *e regulated *y the tate *y enacting a law. rticles >4J and ecular acti#ities can *e regulated *y the tate *y enacting a law. rticles >4J and E10J

E10J guarantguarantee ee right to right to freedfreedom of om of religreligion. rtion. rticle > icle > guarantguarantees to ees to e#ery person thee#ery person the freedom of conscience and the right to profess, practice and propagate religion. +ut this freedom of conscience and the right to profess, practice and propagate religion. +ut this right is su*$ect to pu*lic order, morality and health and to the other pro#isions of 3art III right is su*$ect to pu*lic order, morality and health and to the other pro#isions of 3art III of the "onstitution.

of the "onstitution.

'"" is not opposed to secularism or will not #iolate rticle > and E. rticle 55 is '"" is not opposed to secularism or will not #iolate rticle > and E. rticle 55 is *ased on

*ased on the concept the concept that there that there is no necessary is no necessary connection *etween connection *etween religion and religion and personalpersonal law in a ci#ilied society. Marriage, succession and li%e matters are of secular nature and, law in a ci#ilied society. Marriage, succession and li%e matters are of secular nature and, therefore, law can regulate them. No religion permits deli*erate distortion1J. )he '"" therefore, law can regulate them. No religion permits deli*erate distortion1J. )he '"" will not

will not and shall not and shall not result in interfereresult in interference of nce of one9one9s religios religious *eliefs relating, mainly tous *eliefs relating, mainly to maintenance, succession and inheritance. )his means that under the '"" a Hindu will maintenance, succession and inheritance. )his means that under the '"" a Hindu will not *e compelled to perform a ni%ah or a Muslim *e forced to carry out saptapadi. +ut in not *e compelled to perform a ni%ah or a Muslim *e forced to carry out saptapadi. +ut in matters of inheritance, right to property, maintenance and succession, there will *e a matters of inheritance, right to property, maintenance and succession, there will *e a common law. )he whole de*ate can *e summed up *y the $udgement gi#en *y ?ustice common law. )he whole de*ate can *e summed up *y the $udgement gi#en *y ?ustice R

R..MM. . aah haaii. . HHe e ssaaiidd,, Burs is a secular democratic repu*lic. :reedom of religion is the core of our culture. Burs is a secular democratic repu*lic. :reedom of religion is the core of our culture. /#en the slightest of de#iation sha%es the social fi*re. +ut religious practices, #iolati#e of /#en the slightest of de#iation sha%es the social fi*re. +ut religious practices, #iolati#e of human rights and dignity and sacerdotal suffocation of essentially ci#il and material human rights and dignity and sacerdotal suffocation of essentially ci#il and material freedoms are not autonomy *ut oppression. )herefore, a unified code is imperati#e, *oth, freedoms are not autonomy *ut oppression. )herefore, a unified code is imperati#e, *oth, for protection of the oppressed and for pro

for protection of the oppressed and for promotion of national unity and solidarity.Bmotion of national unity and solidarity.B

•

• Codific!tion-Codific!tion- )he *iggest o*stacle in implementing the '"", apart from o*taining a )he *iggest o*stacle in implementing the '"", apart from o*taining a

consensus, is the drafting. hould '"" *e a *lend of all the personal laws or should it *e consensus, is the drafting. hould '"" *e a *lend of all the personal laws or should it *e a new law adhering to the constitutional mandate= )here is a lot of literature churned out a new law adhering to the constitutional mandate= )here is a lot of literature churned out

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on '"" *ut there is no model law drafted. Many thin% that under the guise of '"", the on '"" *ut there is no model law drafted. Many thin% that under the guise of '"", the Hindu law will *e imposed on all. )he possi*ility of '"" *eing only a repac%aged Hindu Hindu law will *e imposed on all. )he possi*ility of '"" *eing only a repac%aged Hindu law was ruled out *y 3rime Minister tal +ihari Aa$payee when he said that there will *e law was ruled out *y 3rime Minister tal +ihari Aa$payee when he said that there will *e a new code *ased on gender e2uality and comprising the *est elements in all the personal a new code *ased on gender e2uality and comprising the *est elements in all the personal laws. )he '"" should car#e a *alance *etween protection of fundamental rights and laws. )he '"" should car#e a *alance *etween protection of fundamental rights and religious dogmas of indi#iduals. It should *e a code, which is $ust and proper according religious dogmas of indi#iduals. It should *e a code, which is $ust and proper according to a man of ordinary prudence, without any *ias with regards to religious or political to a man of ordinary prudence, without any *ias with regards to religious or political considerations.

considerations.



 'n!",%i% of UCC-'n!",%i% of

UCC-Many points ha#e *een discussed in this paper regarding ucc, so let9s now analye is ucc Many points ha#e *een discussed in this paper regarding ucc, so let9s now analye is ucc really important== If yes, then why and if no, then why not== /nough of the case laws, really important== If yes, then why and if no, then why not== /nough of the case laws, citations, commentaries so far, now what I present here*y are general discussion and my citations, commentaries so far, now what I present here*y are general discussion and my personal #iews regarding ucc.

personal #iews regarding ucc.

o first of all, why the laws ha#e *een enacted= nd ha#e they *een impro#ing or o first of all, why the laws ha#e *een enacted= nd ha#e they *een impro#ing or deteriorating= Dhat I *elie#e is laws were made to maintain peace in society and to deteriorating= Dhat I *elie#e is laws were made to maintain peace in society and to control human *eha#ior *ut the

control human *eha#ior *ut the 2uestion is, Fis law really ser#ing its purpose9=2uestion is, Fis law really ser#ing its purpose9=

I guess we all %now the answer. ur legal systems ha#e *een growing more and more I guess we all %now the answer. ur legal systems ha#e *een growing more and more complicated and we claim that we are de#eloping and society is changing e#eryday *ut complicated and we claim that we are de#eloping and society is changing e#eryday *ut still we are following laws of 14

still we are following laws of 14thth_{century. )his is the ridiculous reality of our legal}_{century. )his is the ridiculous reality of our legal}

system. system.

"oming *ac% to the ucc, what is ucc= 'niform ci#il code is not a*out imposing the "oming *ac% to the ucc, what is ucc= 'niform ci#il code is not a*out imposing the customs of ma$ority on minorityK it9s not against articles > of constitution. 'niform "i#il customs of ma$ority on minorityK it9s not against articles > of constitution. 'niform "i#il "ode tal%s a*out e2uality. s I stated earlier, imagine two citiens of same country are "ode tal%s a*out e2uality. s I stated earlier, imagine two citiens of same country are go#erned with different laws $ust *ecause they follow different religion or they *elong to go#erned with different laws $ust *ecause they follow different religion or they *elong to different caste. De say that law is not selecti#e in nature *ut according to present different caste. De say that law is not selecti#e in nature *ut according to present scenario, in the eyes of law, a Muslim ha#ing four wi#es is fine *ut Hindu ha#ing four scenario, in the eyes of law, a Muslim ha#ing four wi#es is fine *ut Hindu ha#ing four wi#es is culprit. Now the point arises if we implement ucc, there will *e pro*lems in wi#es is culprit. Now the point arises if we implement ucc, there will *e pro*lems in

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society and people will not accept it as their customs will *e affected *ut I would li%e to society and people will not accept it as their customs will *e affected *ut I would li%e to remind that at some point of time, e#en

remind that at some point of time, e#en sati and child marriage were customs too.sati and child marriage were customs too.

I %now India is a country where religion, customs and culture mean a lot to the people *ut I %now India is a country where religion, customs and culture mean a lot to the people *ut we $ust can9t sit and watch the society deteriorating as the laws go#erning them are still we $ust can9t sit and watch the society deteriorating as the laws go#erning them are still of centuries ago and they are not in accordance with the present society and so it is of centuries ago and they are not in accordance with the present society and so it is demand of time to *ring a change in legal system and to implement the ucc *ecause it is demand of time to *ring a change in legal system and to implement the ucc *ecause it is function of tate to pro#ide $ustice to its citiens.

function of tate to pro#ide $ustice to its citiens.

)he implementation of ucc is not as easy as it sounds. )he interesting points to note are )he implementation of ucc is not as easy as it sounds. )he interesting points to note are firstly, Hindu law is applica*le to people of many religions and it is wor%ing fine all o#er firstly, Hindu law is applica*le to people of many religions and it is wor%ing fine all o#er the country. econdly, ucc has already *een implemented in Goa and there are no %nown the country. econdly, ucc has already *een implemented in Goa and there are no %nown disputes or pro*lems regarding the implementation of ucc in Goa. o all these points disputes or pro*lems regarding the implementation of ucc in Goa. o all these points leads us to the conclusion that ucc

leads us to the conclusion that ucc must *e applied to India.must *e applied to India.

In addition to this, the present laws are highly against the women rights and e2uality. In addition to this, the present laws are highly against the women rights and e2uality. Imagine a guy spea%s Ftala29 to her wife - times and the di#orce is granted, e#en without Imagine a guy spea%s Ftala29 to her wife - times and the di#orce is granted, e#en without the consent of wife. In this age of 1

the consent of wife. In this age of 1stst_{century where women ha#e reached the moon and}_{century where women ha#e reached the moon and}

are competing head to head with men, they are treated li%e useless creatures *y our are competing head to head with men, they are treated li%e useless creatures *y our personal

personal laws. laws. Dhy Dhy can9t can9t we we ha#e ha#e a a proper proper di#orce di#orce system system when when we we ha#e ha#e amended amended soso many laws $ust to ma%e them right in accordance with society. Imagine a guy who many laws $ust to ma%e them right in accordance with society. Imagine a guy who con#erts from Hindu to Muslim can now practice *igamy. It was prohi*ited for hi earlier con#erts from Hindu to Muslim can now practice *igamy. It was prohi*ited for hi earlier and now it is fine $ust *ecause same person was practicing different religion *efore. ur and now it is fine $ust *ecause same person was practicing different religion *efore. ur legal system is lying so far *ehind if compared to

legal system is lying so far *ehind if compared to other legal systems of the world.other legal systems of the world.

)a%ing a recent example of case of Haryana9s ex deputy "M "handramohan a.%.a. "hand )a%ing a recent example of case of Haryana9s ex deputy "M "handramohan a.%.a. "hand and nuradha +ali a.%.a. fia. lready married guy "handramohan changed his religion and nuradha +ali a.%.a. fia. lready married guy "handramohan changed his religion to Islam and married second time with nuradha with his first wife ali#e and this to Islam and married second time with nuradha with his first wife ali#e and this marriage lead to nothing good

marriage lead to nothing good *ut the death of nuradha.*ut the death of nuradha.

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Conc"u%ion Conc"u%ion

)he section of the nation against the implementation of '"" contends that in ideal times, )he section of the nation against the implementation of '"" contends that in ideal times, in an ideal tate, a '"" would *e an ideal safeguard of citiens9 rights. +ut India has in an ideal tate, a '"" would *e an ideal safeguard of citiens9 rights. +ut India has mo#ed much further from ideal than when the "onstitution was written >0 years ago. mo#ed much further from ideal than when the "onstitution was written >0 years ago. +ut to conclude, I would li%e to say that citiens *elonging to different religions and +ut to conclude, I would li%e to say that citiens *elonging to different religions and denominations follow different property and matrimonial laws which is not only an denominations follow different property and matrimonial laws which is not only an affront to the nation9s unity, *ut also ma%es one wonder whether we are a so#ereign affront to the nation9s unity, *ut also ma%es one wonder whether we are a so#ereign secular repu*lic or a loose confederation of feudal states, where people li#e at the whims secular repu*lic or a loose confederation of feudal states, where people li#e at the whims and fancies of mullahs, *ishops and pu

and fancies of mullahs, *ishops and pundits.ndits.

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Gandhi,+.M.,hindu law,eastern *oo% pu*lication Gandhi,+.M.,hindu law,eastern *oo% pu*lication iwan 3aras, hindu law, central *oo% pu*lication iwan 3aras, hindu law, central *oo% pu*lication

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Uniform Civil Code

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