Legal Internship Program

2023
Project Report on …

Student’s name – Pallavi Kashyap

Enrollment ID – 22FLUCDDN02010
Batch – LLB 1st year (2022-2027)
Project Title -
Submitted By: Pallavi Kashyap

Submitted To:
Contents
INTRODUCTION.....................................................................................................................................2
HISTORY OF UCC...................................................................................................................................3
UCC IN OTHER COUNTRIES...............................................................................................................4
NEED OF UNIFORM CIVIL CODE:.....................................................................................................6
PROS OF UNIFORM CIVIL CODE.......................................................................................................7
CONS OF UNIFORM CIVIL CODE.......................................................................................................7
CONCLUSION..........................................................................................................................................9

……………………………………………………………………………………………..
INTRODUCTION
 HISTORY OF UCC
The history of UCC can be traced back to the 19th century when the rulers stressed the need for
uniformity in the codification of Indian law related to crimes, evidence, and contracts but
specifically recommended that personal laws of Hindus and Muslims should be kept outside such
codification. Because they were monotheist Christians, it was a tedious task for them to
understand the complexities of the personal laws of the people of the land, and they also didn't
want to get into any conflict because they were only interested in profit-making.

Following independence, there were differing views on the UCC. Some members felt that the
UCC would not be practical or preferable in a diverse country like India with so many different
religions and sects, while others felt that the UCC, on the contrary, would bring harmony
between the various communities.

Dr B.R Ambedkar was equivocal on the issue and felt that UCC was not an imposition but
merely a proposal. Pandit Jawahar Lal Nehru said, "I do not think that at the present moment the
time is ripe in India for me to try to push it through."

The topic of whether UCC should be under Part III or Part IV of the constitution was also
vehemently debated in the assembly, and finally, it was settled by vote, which resulted in it
becoming one of the directive principles of state policies, which are neither justiciable nor
enforceable in the court of law.
 UCC IN OTHER COUNTRIES
France:

In a modern sense, one of the most well-known civil codes in the world is that of France. The
Napoleon Civil Code, introduced in France as early as 1804 - although the unification movement
of existing civil law had begun more than a decade earlier - replaced more than 300 hundred
local civil law codes. It superseded both customary law and existing legal provisions and covered
a vast area of property, commodities, usufructs, easement, succession, wills, gifts, contracts and
quasi-contracts. The French Code has sought a balance between privilege and equality, customs
and legal requirements.

United States of America:

In the United States, where the issue of diversity can be more in keeping with Indian
circumstances, there are multiple layers of legislation that apply separately to the nation, the state
and the county, or to agencies and cities. States are independent legal entities with their own
Supreme Courts, which follow their own practises and legal conventions. Even though there are
common principles that govern these civil laws in the States in a manner that is universal across
the nation. Only issues of a federal nature or those affecting the country as a whole, such as
security, taxation, general legal issues, etc., are dealt with by the Federal Supreme Court.

Islamic Countries:

Most countries of the Islamic faith have traditionally adopted Sharia law, derived from religious
teachings, practises and traditions, often interpreted by qualified jurists of the faith. In the
modern era, however, such legislation has been modified or replaced by statutes inspired by
European models. There is a complex pattern in progressive Islamic countries to streamline the
law without disowning the foundations of traditional jurisprudence. In some other countries with
a rising power Islamic revival, there is a demand for the re-establishment of legal systems based
entirely on Sharia law.

Rome:

The theory of civil law is directly attributable to the Romans. The Romans used doctrines to
develop a code, precise to the Roman people, which determined how legal issues would be
decided. They termed it Jus Civile, a legal contemporary term that upholds all the rules and
principles of law derived from the laws and customs of Rome, as opposed to those derived from
the customs of all nations known as jus gentium or from the fundamental ideas of right and
wrong implicit in the human mind, known as jus naturale.

Emperor Justinian who took over the throne in 527 CE, was responsible for this Code. In fact,
Roman law persisted in use in many other countries, even though it had been interpreted,
developed and adapted to later conditions by generations of jurists and had gone through many
judicial precedents.
 NEED OF UNIFORM CIVIL CODE:
1. It Promotes Real Secularism
What we have right now in India is selective secularism which means that in some areas we are
secular and in others we aren’t. A uniform civil code means that all citizens of India have to
follow the same laws whether they are Hindus or Muslims or Christians or Sikhs. This sounds
fair and secular to me. A uniform civil code doesn’t mean it will limit the freedom of people to
follow their religion, it just means that every person will be treated the same. That’s real
secularism.

2. All Indians should be Treated Same

Right now, we have personal laws based on particular religions, which means that while Muslims
can marry multiple times in India, a Hindu or a Christian will be prosecuted for doing the same.
This doesn’t seem like equality to me. All the laws related to marriage, inheritance, family, land
etc. should be equal for all Indians. This is the only way to ensure that all Indians are treated
same.

3. It will provide More Rights to the Women

A uniform civil code will also help in improving the condition of women in India. Our society is
extremely patriarchal and misogynistic and by allowing old religious rules to continue to govern
the family life we are condemning all Indian women to subjugation and mistreatment. A uniform
civil code will help in changing these age old traditions that have no place in today’s society
where we do understand that women should be treated fairly and given equal rights.

4. Every Modern Nation has it

A uniform civil code is the sign of modern progressive nation. It is a sign that the nation has
moved away from caste and religious politics. In fact it might be right to say that socially and
culturally we have degraded to a point where we are neither modern nor traditional. A uniform
civil code will help the society move forward and take India towards its goal of becoming a
developed nation.

A uniform civil code is of an absolute necessity for individuals belonging to different religions
and denominations and it is imperative for the promotion of national unity and solidarity. Thus,
divergent religious ideologies must merge and culminate in to common and unified principles
and objectives, adhering to the true spirit of secularism. However, after more than 60 years of
independence the aspiration of a Uniform Civil Code remains unrealized.
 PROS OF UNIFORM CIVIL CODE
Due to many invasions at different points of time, India has many religions but the republic of
India by the preamble of the Constitution of India grants itself a status of Secular state and
therefore it respects and tends not to interfere in the personal religious practices of every religion
and to attain this secularism, a UCC is an ideal approach.

The of implementing UCC are: -

 Prevention of discrimination based on religion, race, caste, gender, etc.,

 UCC will also cease discrimination in subject matters of succession, inheritance,
marriage, divorce, adoption, and guardianship, etc,
 Prevention of complexity in implementing and understanding of various personal laws of
different religion,
 Prevention of violence against women and preserving the rights of women in India, since
numerous personal laws like marriage, divorce, and succession of a certain religion are
violative of fundamental rights of women,
 UCC will grant women the right to equality and protection of the law in areas of
marriage, divorce, adoption of child, succession, and inheritance of property, etc.
 UCC will establish a secular Indian society that will enhance the justice delivery of the
judiciary.

CONS OF UNIFORM CIVIL CODE

 It is practically tough to come up with a common and uniform set of rules for personal
issues like marriage due to tremendous cultural diversity India across the religions, sects,
castes, states etc.
 Many communities, particularly minority communities perceive Uniform Civil Code as
an encroachment on their rights to religious freedom. They fear that a common code will
neglect their traditions and impose rules which will be mainly dictated and influenced by
the majority religious communities.
 The constitution provides for the right to freedom of religion of one’s choice. With
codification of uniform rules and its compulsion, the scope of the freedom of religion will
be reduced.
 Such a code, in its true spirit, must be brought about by borrowing freely from different
personal laws, making gradual changes in each, issuing judicial pronouncements assuring
gender equality, and adopting expansive interpretations on marriage, maintenance,
adoption, and succession by acknowledging the benefits that one community secures
from the others. This task will be very demanding time and human resource wise.
 CRITICISM OF UCC
Muslim community

About the questionnaire taken out by the law commission, there has been clear and evident
rejection by the muslim community as the All-India Muslim Personal Law Board completely
disregarded the Law Commission’s questionnaire on the UCC and decided to boycott it.

All India Muslim Personal Law Board’s General Secretary Mr. Maulana Wali Rehmani said that,

“Uniform Civil Code is divisive and will lead to social unrest, and that It is against the spirit of
the Constitution, which safeguards the right of citizens to practice their culture and religion,”.

The minorities view reflects the viewpoint that if need comes the Union Government can take
out a public referendum on the issue of triple talaq and not just hold what the majority views are
on the issue. The view is that it’s a part of muslim personal law and thus only Muslims shall be
allowed to decide on the issue and not persons of every religion and community.

Naga Community

The Naga minority community is also reportedly upset by the implementation of UCC. The
Nagaland Bar Association has markedly warned that the implementation of UCC would bring
about clear trouble for the culture and dignity of the Naga people.

They, in a letter addressed to the Prime Minister stated that,

“It will cause social disorder, and if a Uniform Civil Code is introduced covering the entire
country, it shall cause so much hardship and social disorder to the Nagas as the personal and
social life of the Nagas are quite distinct from the rest of people in the country.”
CONCLUSION