NEW LAW COLLEGE,PUNE

BBA-LLB –SEM3

SOCIOLOGY PRESENTATION ON-

INDIAN DISORGANISED SOCIETY BY RELIGION
PERSONAL LAWS BY,
(UNIFORM CIVIL CODE) ADITYA MANDAL
To, B-29
Ms. NAZIA PATHAN
MA’AM
 INTRODUCTION
 To understand what causes Social Disorganisation in the society. We first have to discuss
various personal religion laws which causes discrimination, partiality among citizens of the
country & functioning of Indian laws and constitution.
 India is a land of multicultural identities of people
 Article 25 guarantees the freedom of conscience, the freedom to profess, practice
and propagate religion to all citizens.
 In India there are 2 types of law that are Civil and Criminal codes. Out of which only criminal
code is being codified as such CRPC, IPC, etc.
 In Civil cases there has been no uniformity or can be sayed no codification of law has been
done still we process with civil procedure code.
 DIFFERENT PERSONAL RELIGIOUS LAWS IN INDIA
 In civil code there are usually matters of family, contract, tort etc.
 But leaving all family laws are being controlled and manged by own respective religious
personal laws.

 Family Law consists of :

-MARRIAGE
-DIVORCE/ SEPRATION
-ADOPTION
-SUCESSION/INHERITENCE
 HISTORY
 British gave self-government in domestic matters and absolute non-interference in religious
matters.
 After Independence, we got Hindu marriage Act , Succession Act , Minority and Guardianship
Act and Adoption and maintenance Act, passed in 1956 .
 But no modifications were made in any other personal religion laws
 The Special Marriage Act, 1954 ,permitted any Indian to have their marriage outside the realm
of their religious personal law .
 But, failed to control gender discrimination, Majority of its implementation initiated by men.
Discrimination was true for all existing personal laws.

 For example, Hindu daughters were deprived of joint heirship in parental property as per the
codes of Mitakshara, a school of Hindu law governing succession. It was only after Lata Mittal
(case filed in 1985) won a 20-year legal battle in the Supreme Court that Hindu daughters were
given equal rights in the ancestral property.
 Similarly, Christian women could not obtain divorce on the grounds of adultery committed by
the husband; it had to be coupled with cruelty, bestiality and sodomy. On the other hand,
Christian husbands could simply declare their wives as adulteresses and divorce them.
 Sharia law subjugated Muslim women by imposing purdah, allowing polygamy and unilateral
divorce and depriving divorced Muslim women of maintenance rights.
  The subtext of all these personal laws, regardless of religion, is that women are not equal to
men. They, therefore, discriminate against women in marriage, inheritance and guardianship of
children.
 IMPORTANT JUDGEMENTS
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.

Sarla Mudgal vs. Union of India- question of whether a Hindu husband by embracing Islam
can solemnize a second marriage. amounts to abusing the personal laws. A Hindu marriage can be
dissolved under the Hindu Marriage Act, 1955 only.
DISORGANISATION AND DISCRIMINATION IN SOCIETY

 All personal laws in India are discriminatory

 Individual women from different communities have been challenging the constitutional validity
of the discriminatory aspects of the personal laws in courts.
 The sub text of all personal laws, regardless of religion, is that women are not equal to men.
They, therefore, discriminate against women in marriage, inheritance and guardianship of
children.
 Individual women from different communities have been challenging the constitutional validity
of the discriminatory aspects of the personal laws in courts. Their main concern is the threat of
forced marriage, murderous attacks in cases of inter-caste, inter-class and inter-religious
marriages and property disputes even while they have to deal with issues like adultery, bigamy,
polygamy, divorce, custody of child/children, property and incest in their marital homes.
 NEED FOR UNIFORM CIVIL CODE
 Article 44 of the Constitution says that “the State shall endeavour to secure for the citizens a uniform civil code throughout the
territory of India”. Such a code envisions a common set of civil laws on matters such as marriage, divorce, adoption,
inheritance and succession for all citizens of the country, irrespective of their religion.
 The preamble to the Indian Constitution resolves to secure justice, liberty, equality, and dignity of all. Furthermore, Article
14[1] provides equal treatment before the law for every person; and Article 15[2] prohibits discrimination based on religion,
race, caste, sex, or place of birth.
 To provide justice and equality to the people of all religions and sects.
 Child marriages accepted in all religious communities .
 Enact rules for compulsory registration of marriages irrespective of religion.
 Triple Talaq controversy.
 Muslim law doesn’t provide for maintenance for the wife. The Mehr amount is supposed to take care of this
aspect.
 Necessary for our National unity and Secularism.
 CONCLUSION
 It’s a tough decision to be made to bring UCC amendment but Supreme Court has from time to time
proved that gender discrimination in the society can not be organized until UCC is implemented.
 Goa state is an eg.for the nation that how it can be implemented as goa is the only state which follows
it.
 A Common Civil Code , to govern personal matters of all citizens irrespective of religion is the need
of the hour. A committee of eminent jurists should be considered to maintain uniformity Care must
be taken not to hurt the sentiments of any particular community..
 The government must prepare a good environment for uniform civil code by explaining the contents
and significance of Article 44 . The press , radio , television and various other means of
communication must help.
 Conservative sections of the citizens must be made to understand the utility of uniformity of laws.
Education, awareness and sensitization programmes must be taken up.