Uniform

Civil
Code
 Introduction

The Uniform Civil Code (UCC) aims to enforce a uniform legal framework to
all citizens, irrespective of their religion. Right now, matters including
marriage, divorce, and succession are governed by religion-based personal laws
The idea behind a UCC is to have a common set of laws governing personal
matters such as marriage, divorce, inheritance, and adoption for all citizens,
irrespective of their religious
Under Article 44, one of the Directive Principles of State Policy, the
Constitution of India states that the state shall endeavor to secure a Uniform
Civil Code for its citizens.

-Gender Equality and Women's Rights: Proponents of the UCC argue that
implementing a uniform code would promote gender equality and women's
rights by eliminating discriminatory practices present in some religious
personal laws.
what is
UCC A uniform civil code is a standardized
set of laws that applies uniformly to
all citizens within a country,
governing personal matters such as
marriage, divorce, inheritance, and
adoption. This code aims to ensure
equal rights and treatment for all
individuals, regardless of their
religious or cultural background,
promoting social harmony and
consistency in legal practices.
Unified Legal Standards: A uniform civil code
establishes a consistent legal framework that
replaces diverse personal laws prevalent in
different religious or cultural communities.
Personal Matters: It pertains to issues like
marriage, divorce, inheritance, and adoption,
ensuring that these matters are governed by a
single set of rules applicable to all citizens.
Equal Treatment: The code emphasizes equal rights
and treatment for everyone, irrespective of their
religious beliefs, gender, or cultural background,
promoting a just and equitable society.
Harmonious Integration: By unifying personal
laws, a uniform civil code aims to foster social
cohesion, minimize disputes arising from legal
disparities, and uphold the principles of justice and
fairness for all citizens.
What will change if UCC comes?
The proposals in UCC include monogamy, equal rights for son and daughter over inheritance of paternal
property, and gender and religion neutral laws with regards to will, charity, divinity, guardianship and sharing
of custody. These proposals may not result in much difference to the status of Hindu society, as they have
already been applicable on Hindus through the Hindu Code Bills for decades.-Age of marriage: Under UCC,
everyone, regardless of religion will have to follow a single compulsory age for marriage.Under Muslim law, a
girl is ready to wed once she attains puberty. The legal age for marriage for men and women in Hindu law is 21
and 18 years.
-Polygamy: The Centre argues that UCC can abolish the ill-treatment of Muslim women. Although
polygamy is permitted in Islam, according to the National Family Health Survey 2019-2021 report, 1.9% of

Muslim women confirmed a polygamic marriage as compared to 1.3% of Hindu women. The 21st Law
Commission said that polygamy was an uncommon practice followed by Indian Muslims. It also noted that
polygamy is often misused by people from other faiths who convert to Islam only to legally marry
multiple times.
Adoption and custody of children: In Hindu law, an adopted child is equal to a biological child whereas the
Muslim law follows kafala, which states that an adopted child is under the care and guidance of a foster
parent. Regarding custody of children, a father is considered the legal guardian as per Hindu Law. If the
child is born without the couple being married, then the mother is considered their legal guardian. The
21st Law Commission observed that although the Hindu law was codified to counter discrimination
against women, custody of children largely remained a male-dominated area.
Divorce: In its report, the 21st Law Commission suggested a simpler divorce procedure as per the personal
laws of various religious communities. The landmark Shah Bano (triple-talaq) case verdict, which makes a
Muslim woman eligible for alimony until she is remarried, was a breather to many women facing
discrimination and abuse in marriage.
history

Rulers emphasized uniformity in codifying Indian law,

excluding personal laws of Hindus and Muslims due to
complexities and profit motives.

Debate over UCC's constitutional inclusion started before

partition.

Debate on whether UCC should be in Part III or Part IV of

the constitution.
 Need for UCC
Diverse Personal Laws
Modernization and Progress
Gender Equality
Constitutional Consistency
Secularism and Equality
Preventing Fragmentation
Legal Complexity

International Comparisons
Social Integration
 Imp Judgement :Shah Bano case
• It brought into focus the plight of the Muslim women, the discrimination they has to face in
matters related to marriage.
• It showed that the laws of the land which are secular in character will take precedence over the
religiously ordained customs and personal laws.raised a debate about the rights of women,
application of principle of equality. The debate engulfed civil society, religious groups, legislature
and common man and nothing can be more fruitful in a democracy than a debate.
Shah Bano Case, 1985-
Shah Bano ,60, went to court asking maintenance from her
husband who had divorced her.
The court ruled in her favour ,orthodoxy deemed the verdict
an attack on Islam.
Muslim Women (Protection of Rights on Divorce) Act, 1986
enacted
• Gave Muslim woman the right to maintenance for the period
of iddat (about three months) after divorce.

crpc 125: alimony, local court 25 rupees, revisional 179rupees, khan filed : idaq

Facts
Sarla Mudgal, a Hindu woman, Sarla Mudgal vs
Union of India
married a Hindu man and then
converted to Islam to marry again.
Her first husband sought action
against her second marriage under
the Hindu Marriage Act and filed a
petition.
AIR 1995 SC 1531

Significance
The case highlighted the
complexities arising from personal
laws of different religions
coexisting in India.
It emphasized that a person's
conversion to another religion
does not automatically dissolve
existing marriages under personal
laws of the previous religion.
Impact
The case emphasized the
need for a Uniform Civil Code
to address inconsistencies
and conflicts arising from
various personal laws.
 The Goan Model

Goa is the only state in India that has enforced Uniform Civil Code for all citizens.
Allows equal division of income and property regardless of gender between husband,
wife and between children.
No polygamy or Triple Talaq for Goan Muslims
Severe provisions for divorce.
Each spouse in case of divorce is entitled to a half share of the property
 why 21st law commision said no and 22nd law
resurrected it
In 2018, the 21st Law Commission, while saying that a
UCC “is neither necessary nor desirable at this stage”,
had recommended that discriminatory practices,
prejudices and stereotypes within a particular
religion and its personal laws should be studied and
amended. The Commission suggested certain
measures in marriage and divorce that should be
uniformly accepted in the personal laws of all
religions. Some of these amendments include fixing
the marriageable age for boys and girls at 18 years so
that they are married as equals, making adultery a
ground for divorce for men and women and
simplifying the divorce procedure.
court orders on the subject, the Law
"neither necessary nor desirable"
In the five years since the 21st Law
Commission submitted its report, the
government has not followed up on any of its
recommendations.Pursuant to the above
overwhelming responses have been received
by the Commission. The 21st Law
Commission of India has issued a
consultation paper on the Reform of Family
Law on August 31, 2018. Since more than
three years have lapsed from the date of
issuance of the said consultation paper,
bearing in mind the relevance and
importance of the subject and also various
Commission of India considered it expedient
to deliberate afresh over the subject.”

 ASPECT SECULARISM Uniform Civil Code (UCC)

Separation of religion from Common set of laws for personal

Definition
government and public affairs. matters regardless of religion.

Ensure religious freedom, prevent

Ensure equality and uniformity in
Objective state favoritism towards any
personal laws.
religion.

Avoid religious influence in Standardize personal laws, reducing

Religious Influence
government decisions. religious distinctions.

Protects the right to practice any Promotes equal legal rights for all
Individual Rights
religion without discrimination. citizens.

Respects diverse cultural and Might face resistance due to deep-

Cultural Considerations
religious practices. rooted traditions.

Promotes harmonious coexistence Aims to eliminate disparities in

Social Implications
of diverse religious groups. personal laws.

Does not directly involve changes in Requires significant legal reforms and
Legal Complexity
legal codes. adjustments.

Focuses on maintaining neutrality in Requires careful handling of religious

Sensitivity
governance. and cultural sensitivities.
Suggestions

The previous discussions which have been made in the above debates have led to
suggest the following measures:
# The state being disinclined to impose Uniform Civil Code on diverse people, in such
circumstances, the minimum a state should do to generate those conditions that will
make a progressive outlook of the people.
# Muslims being the most backward among the minorities in India, the only solution is
to spread education Muslims masses. It becomes the duty of the Muslim intelligentia
to educate the Muslim community about its rights and obligations.
# A good environment for the Uniform Civil Code must be prepared by the
government by explaining the contents and significance of Article 44 of the Indian
Constitution.
# Social reforms should be brought slowly and steadily by the State.
# An attempt should be made to enact a model Uniform Civil Code embodying what is
best in all personal laws. It must be a synthesis of the good in our diverse personal
laws.
 Implementation of UCC

Establishing uniform family law rules for all communities is complex and
challenging.
Complexity arises from legal procedures and diverse interests.
Constructive strategies for UCC can involve democratic consensus and consultation.
UCC's legal reality requires state, experts' commitment, and parliamentary support.
Delay tactics undermine UCC's vision, gender equality, and social change.
Which article of the Indian Constitution
mentions the Uniform Civil Code?
a) Article 33 b) Article 44
c) Article 22 d) Article 66
What is a key concern raised by
opponents of the Uniform Civil Code?
a) Promotion of national integration
b) Protection of gender equality
c) Dilution of minority rights
d) Simplification of legal procedures

Which question did B.R. Ambedkar raise that is related to the discussion on a Uniform Civil Code?
a) Why should Hindu religion have four castes?
b) How can different communities coexist with distinct laws?
c) Why does the nation require a Uniform Civil Code?
d) How can majoritarian ideology be addressed in a diverse society?
How does a Uniform Civil Code relate to the principle of secularism?
a) It promotes religious discrimination. b) It establishes a state religion.
c) It ensures equal treatment of all citizens regardless of religion.
d) It bans all religious practices.

Which recommendation can India draw from other countries' experiences when
dealing with the issue of a Uniform Civil Code?
a) Strict enforcement of religious laws
b) Implementation of a single legal system
c) Consideration of religious-based alternative dispute resolutions
d) Exclusion of religious practices from legal matters