UNIFORM

CIVIL CODE
BY, AKHIL KUPPUSAMY,
BHARATH REDDY,
GAYATHRI,
VASAV.
MEANING
A Uniform Civil Code means that all sections of
the society irrespective of their religion shall be
treated equally according to a national civil
code, which shall be applicable to all uniformly.

It covers areas such as marriage, divorce,

maintenance, inheritance, adoption and
succession of property.
MEANING
Basic assumption for implementing this code : Laws and religion have no
connection in modern civilization.

Article 44 : DPSP - `State shall endeavor to provide for its citizens a uniform civil
code (UCC) throughout the territory of India.’

DPSP is non-justiciable in nature so it shows that uniform civil code was not a
priority for the makers of the constitution. Personal laws have been included in the
concurrent list.
MEANING
We have uniform civil code for contract act, CPC,
Transfer of property Act, Partnership Act etc… but
not for personal laws

2018 the law commission report : a uniform civil

code is unfeasible and impractical on the basis that
it would be against religious sentiments and
secularism but in reality is backed by political
motives.
EVOLUTION OF UCC
Lex Loci Report
Headed by Macaulay in 1840, it was stated that
uniformity of codification of Indian law for both
criminal and civil law was necessary.

Substantive law back then was customary, ambiguous

and confusing to the judges

It recommended that personal laws of Hindus and

Muslims alone should be left alone. The queen’s 1859
proclamation also promised non interference in
religious matters
Post Independence
During drafting of the constitution, Dr Ambedkar and
Nehru both favoured UCC but the Muslim members
of the constitutional assembly opposed so it was
included under DPSP instead

Mohammed Ismail : tried to get Muslim personal law

excluded from article 44 but failed

B Saheb : claimed he received retaliation from

various organisations including Hindu ones
The Hindu Code Bill
Drafted by Dr Ambedkar to legalize divorce, oppose
polygamy, give inheritance rights to daughters – was
diluted into 4 separate Acts due to opposition, Namely
:

• The Hindu Marriage Act

• Minority And Guardianship Act
• Adoptions and Maintenance Act
• Special Marriage Act
ARGUMENTS IN
FAVOUR OF UCC
Uniform Civil Code (UCC) being secular would provide equal treatment to all citizens,
regardless of their religion or community.

Currently, India's legal system recognizes different personal laws based on religion, which
can create disparities in rights and treatment for different groups.

A UCC would establish a common set of laws and regulations for all citizens, regardless of
their religious affiliation, thus promoting equality and secularism.

Another argument in favor of a UCC is that it would help to modernize and simplify the
legal system, making it more accessible and transparent for all citizens.
Personal laws can be complex and often vary from one
community to another, leading to confusion and
inconsistencies.

A UCC would provide a clear and consistent legal

framework, making it easier for individuals to understand
and navigate the legal system.

Finally, a UCC would promote national unity and

cohesion by reducing divisions based on religious and
cultural differences. , would help to build a more inclusive
and harmonious society based on the principles of
secularism and equality.
A UCC will also help in reducing vote bank politics that most political parties indulge in
during every election.

Religious personal laws are misogynistic in nature and by allowing old religious rules to
continue to govern the family life we are condemning all Indian women to subjugation and
mistreatment.

Article 25 and Article 26 and Article 14 guarantee the freedom of religion and UCC is not
opposed to secularism.
Articles In Favour of Uniform Civil Code

Freedom of practice and

Art No discrimination on grounds
of religion, race, caste, sex or
Art propagation of religion
subject to public order,
15 place of birth. 25 health and mortality

Art No law should restrict

economic, financial, political
Art Right to establish and
administer religious
25(2) or secular activity 26 institutions.
SHAH BANO CASE
Facts : a 73 year old Muslim woman was unilaterally divorced by her husband
through triple talaq. She sought maintenance in the district and high court which
was granted so husband went for appeal in the SC – maintenance granted
according to section 125 of CrPC

Issue : Is the judgement in contradiction with Muslim personal law ?

Analysis : under Muslim law, maintenance was to be paid to wife only for 90
days but CrPC allows maintenance for wives for all religions with no time period.
Due to this controversial judgement, Muslim Women’s (Right to protection on
divorce) Act was passed making sec 125 CrPC inapplicable to women.
ARGUMENTS AGAINST
UCC
A UCC would require citizens to follow a uniform set of laws regardless of their
religion, which some argue would infringe on their religious freedom and right to
practice their own personal laws.

India is a diverse country with a rich cultural heritage. A UCC may not take into
account the cultural and regional differences that exist within the country and may be
insensitive to the needs and beliefs of various communities.

Imposition of majority culture: A UCC may lead to the imposition of the majority
culture on minority communities, which could lead to resentment and conflict.

Resistance from religious leaders: Many religious leaders are against the idea of a
UCC, as they feel it would threaten their authority and autonomy.
Implementing a UCC would be a complex and time-consuming process, as it would
involve reconciling existing laws and customs with the new code, and could
potentially face resistance from various quarters.

Even if a UCC is implemented, there could be difficulty in enforcing it uniformly

across the country, especially in remote and rural areas.

There is a risk that the implementation of a UCC could result in discrimination

against certain communities or individuals, especially if the new laws are biased
towards one particular group.

that it violates the constitutional freedom to practice the religion of choice which
allows religious communities to follow their respective personal laws. For example,
Article 25 gives every religious group the right to manage its own affairs.
 Hinderances to implementation of UCC

MISINFORMATION POLITICS RELIGION

Minorities believe that Leaders rule on divide Each community is
it is a way of imposing and conquer principle. accustomed to their
majority views on them They seek to gain votes own laws and will not
and not offending adapt to change
minorities through
UCC
EXAMPLES OF
IMPLEMENTATION OF UCC
UCC IN INDIA
The Hindu Marriage Act of 1955, the Hindu Succession Act of 1956, and the
Hindu Minority and Guardianship Act of 1956 are laws that apply to all Hindus in
India. These laws provide a common set of rules for marriage, divorce,
inheritance, and guardianship for all Hindus.

The Special Marriage Act of 1954 provides a common set of rules for interfaith
marriages in India. It allows individuals from different religions to get married
under a common law without having to convert to the religion of their partner.

The Goa Civil Code, which is based on the Portuguese Civil Code, applies to all
residents of Goa, irrespective of their religion. It provides a common set of rules
for marriage, divorce, and inheritance for all residents of Goa.
 The Portuguese Civil Code that remains in
force even today was introduced in the 19th
GOA CIVIL CODE
century in Goa and wasn’t replaced after its
liberation.

Features include : Compulsory registration,

equal division of spousal property, No
polygamy, compulsory inheritance to
children

Drawback : bigamy allowed if wife hasn’t

delivered a son before age of 30 or baby
before age of 25
UCC In Other Countries
Adopting the western model of secularism in which the nation does not intervene
with the religion and no provisions exist for any kind of personal laws

We also must understand that the conditions in India and in most of the Western
countries are not similar and hence it cannot be implemented because even
though the western countries claim to be secular, show biasness towards
Christianity and the countries in the middle east show biasness towards Islam.

Implementing a uniform civil code may also risk in pushing people in conditions
they may not want to live and this may cause a disturbance among the public.
Israel, Japan, France, and Russia are strong
today because of their sense of oneness
which we have yet to develop and
propagate.

Virtually all countries have uniform civil

code or for that matter uniform law- civil or
criminal.
The European nations and US
have a secular law that applies
equally and uniformly to all
citizens irrespective of their
religion.

The Islamic countries have a

uniform law based on shariah
which applies to all individuals
irrespective of their religion.
THANK YOU