I Year B.A.LL. B (Div.

-D) – Semester-II (2022)

1st -Internal Assessment – Constitutional Law I

Research Article
On

UNIFORM CIVIL CODE: THREAT TO RELIGION?

NAME: Pragya Narain

DIVISION: D

PRN: 21010125390

COURSE: BA LL.B. (Hons.)

BATCH:2021-2026
Contents
INTRODUCTION....................................................................................................................3

ISSUES TO BE ADDRESSED............................................................................................4

RESEARCH OBJECTIVES...........................................................................................5

CRITICAL ANALYSIS………………………………………………………………6

CONCLUSION…………………………………………………………………….8

BIBLIOGRAPHY………………………………………………………………9
 INTRODUCTION

“All communal dispute will end, when Uniform Civil Code will become brand.”

~ Mahek Saini

One of the most striking features of our country is its diversity, a country whose population
is a blend of various cultures. This peculiar feature of this country was the gateway of
Britishers two century rule on our country, they used the infamous “Divide and Rule”
method. The understood very well the constant tussle between different communities based
on various issues, and mostly on religion. This petty conflict, which costed our country two
centuries and made us slaves and gave birth to a saga of struggle for our freedom is still going
on, we haven’t learnt from our mistake.

Fortunately, the framers of our constitution realized this, and in order to create a better
society than what we had, they decide to include the controversial Article 44 of the
constitution. It sought to strive and secure a Uniform Civil Code, which has remained a topic
of controversy and contention, and has received less support and more backlash from various
minorities of the society, more dominantly from the Muslim community. It is under the
Directive Principles of State Policy, which are the guidelines or actions which the
government should undertake and implement, but cannot be legally enforced to.

Fundamental rights are the sacrosanct rights of the citizen, they are under Part III of the
constitution, under Article 12 to Article 35. As the name suggest, these rights are
fundamental to the citizen and no law can be passed which is violating them, and any existing
law which violates them will be declared null and void. Right to Freedom of Religion is from
Article 25 to Article 28. Uniform Civil Code is usually said to be breaching Article 25,
which is “Freedom of conscience and free profession, practice and propagation of religion.”

This article aims to examine the relation between the modern and alien concept of Uniform
Civil Code and the Fundamental rights regarding religion, more specifically Article 25. It
will also see whether the government can bring Uniform Civil Code, if it does not breach,
 ISSUES TO BE ADDRESSED

1. Whether Article 44- Uniform Civil Code, breaches Article 25 to Article 28, that is,
Freedom of Religion?
2. Can the state government bring Uniform Civil Code into practice?
 RESEARCH OBJECTIVES

Our country is slipping into the clutches of religious divide again, where the Hindus and the
Muslims are again gradually getting into an intense and mutual dislike for each other, even in
the 21st century, we are checking religious backgrounds of people before associating
ourselves with them. The recent Hijab controversy in Karnataka, where people came on the
streets, aimlessly fighting in the name of religion.

Seeing all these instances, it is high time to bring a code in India which is able to standardise
and unite everybody.

Furthermore, it is also necessary to thoroughly evaluate how it is not affecting our rights, and
actually uplifting them even more, to clear out all the misconceptions which the society has.
 CRITICAL ANALYSIS

 Understanding Uniform Civil Code (UCC)

- UCC in its most simple sense means a law which will bring all the various
communities existing in India, under the ambit of one common law. It will replace the
various personal laws, and make one law which will apply on each citizen, regardless
of its religious or cultural background.
- It aims to bring a unanimous social reform, especially in the upliftment of women.
The code is concerned with overcoming the pluralistic system of personal laws we
have in the country. Why it is necessary to remove it is because of the following
reasons-
a) It leads to ambiguity, inconsistency and confusion during the interpretation of laws.
This happens especially in the case of marriage and more particularly, in the case of
polygamy and divorce.
b) In the name of ‘community’s personal business’ a lot of times, discriminatory practice
is put in place. Also, in a country where under Article 14 of the Indian Constitution,
Right to Equality, that is to be treated and protected equally exists getting
discriminated ‘legally’ under the personal laws is actually contradictory. It creates an
uneasy discrimination between the communities. In a place where the law of the land
is not same, it is very difficult to preach equality.
c) It is hampering a common justice system, since each community have their own laws.
 Understanding Right to freedom of Religion
- The biggest point of contention for UCC has been Right to freedom of Religion. It is
said that UCC is taking Right to Freedom of Religion of the individuals. Before
coming to this conclusion, it would be better to first understand and examine the
rights separately.
- Article 25: This says that every person has a right to freely profess, practice and
propagate religion, till the time it is not affecting public order, morality and health
adversely. But at the same time, it is also explicitly stated that this article should not
prevent the state from making any law for the social welfare and reform.
- Article 26: Clause (b) of the article, prima facie, can be used against UCC where it is
said that every religious domination will have the right and freedom to manage their
 own affairs, but we cannot forget that all the freedom has to be utilised in a reasonable
and just manner, and should affect order of the society or be illegal, and some of the
personal laws like Triple Talaq and polygamy are breaching the limits of the freedom.
 The misunderstood clash between UCC and Article 25
- The major argument against UCC is that it is breaching a Fundamental Right of the
citizens, hence it is unconstitutional to bring it into practice. But at its very core, the
UCC is actually a modern form and interpretation of freedom of religion.
- If Article 25 is being read and interpreted individually, without considering the sub
clause, then it can be said that it is against Uniform Civil Code, but if it’s read in its
entirety, then UCC is in fact upholding the law.
- It has already been established above that UCC is promoting the greater welfare of the
state, thus, it is in line with the law which clearly clarifies that Article 25 will not stop
the government from creating any new law for the welfare of the state.
- Justice R.M. Sahai in the case of Shah Bano, said “a unified code is imperative, both,
for protection of the oppressed and for promotion of national unity and solidarity.”1
He has explained that religious practices of violative of human right and dignity, and
enforcing them is oppression and not Uniform Civil Code.
 Getting Uniform Civil Code in India
- The Constitution of India, under Article 13, that the state shall not make any law
which takes away or abridges the right, after thoroughly evaluating the relationship of
Article 25 and Uniform Civil Code, we see that Uniform Civil Code is not breaching
the fundamental right or hurting any religious sentiments, so the government can
bring Uniform Civil Code, by citing Article 13 clause (2).
- Considering the diversity and complexity of our nation, it might not be possible for
the country to do it at one go, but the example of Goa should be taken, which is the
first state in our country to implement Uniform Civil Code.

1
Mohd. Ahmed Khan vs Shah Bano Begum And Ors 1985 SCR (3) 844
 CONCLUSION

- The government should try and implement everything which is there in DPSP, as these are
the actions or reforms which could not be completed at that point of time. Also, after a recent
trend which was started by ABK Singh V. Union of India 2and Griha Kalyan Workers v.
Union of India3, it was stated that wherever possible the government should try to adjust the
fundamental right to include the reforms of DPSP. Also, the framers of the constitution,
including Jawaharlal Nehru were in favour of UCC. This was added Directive Principles of
State Policy (DPSP), not in the main framework of the constitution, since, they did not think
at that time that the country, which had just come out of a bloody partition would is ready for
it.
- After deconstructing the impact of UCC through constitutional and religious point of view,
we can see that it is actually beneficial for the society as a whole, since standardising
religion, around which almost every political, educational or environmental topic revolves
around, and this will help in improving these fields as well, and more clarity will be there in
matters of religion which is needed in a country like ours.

2
Abk Prasad vs Union Of India (Uoi) And Ors. 2002 (3) ALT 332
3
Griha Kalyan Workers v. Union of India 1991 AIR 1173
 BIBLIOGRAPHY

1. Ahmed, S., & Ahmed, S. (2006). UNIFORM CIVIL CODE (ARTICLE 44 OF THE
CONSTITUTION) A DEAD LETTER. The Indian Journal of Political
Science, 67(3), 545–552. http://www.jstor.org/stable/41856241
2. https://legislative.gov.in/sites/default/files/COI.pdf