B.B.A.LL.

B (Integrated Law degree course)

Constitutional Law II (IV Semester)

“PROJECT TOPIC”

“UNIFORM CIVIL CODE – IS INDIA READY?”

Submission To: Submitted By:

Miss. Nidhi Sharma Mohit Sharma

Faculty of Constitutional Law Roll no:-L/1552

Designation: Assistant Professor Session: 2015-2020

Semester- IV

Raffles University
School of Law
 TABLE OF CONTENTS

Page No.
1. Acknowledgment......................................................................................... iii
2. Research Methodology................................................................................ iv
3. Abstract...........................................................................................................v
4. Introduction.................................................................................................. 1
5. History.......................................................................................................... 3
6. Personal Laws in India................................................................................. 4
7. UCC Controversy......................................................................................... 6
8. UCC- Gender Justice.................................................................................... 7
9. UCC- Role of Judiciary................................................................................ 8
10. Need of UCC…………………………………………………………….... 10
11. The Goan Civil Code……………………………………………………… 11
12. Suggestions………………………………………………………………… 12
13. Conclusion..................................................................................................... 13
14. Bibliography................................................................................................... vi

ii
 ACKNOWLEDGEMENT

I take this opportunity to express our humble gratitude and personal regards to Ms.Nidhi
Sharmafor inspiring me and guiding me during the course of this project work and also for
his cooperation and guidance from time to time during the course of this project work on the
topic.

Neemrana Mohit Sharma

Date of Submission: Name of Student

iii
 RESEARCH METHODOLOGY

Aims and Objectives:

The aim of the project is to present a detailed study of the topic “UNIFORM CIVIL
CODE”forming a concrete informative capsule of the same with an insight into its relevance
in the Indian society.

Scope and Limitations:

In this project the researcher has tried to include different aspects pertaining to the
concept of Uniform Civil Code, historical background, special attention is also provided on
Article-44, Constitution of India, basis of Best Judgement Assessment, object of Best
Judgement Assessment, impact of judicial pronouncements on Best Judgement Assessment
and lastly conclusion.
.
Sources of Data:
The following secondary sources of data have been used in the project-
 Websites
 Case Laws
 Books

Method of Writing and Mode of Citation:

The method of writing followed in the course of this research project is primarily
analytical. The researcher has followed Bluebook 19th Edition Format of citation throughout
the course of this research project.

iv
 ABSTRACT

India is a land of diversities with several religions, where the religions are largely governed
by the personal laws. In India, we have a unified criminal code, but a similar code does not
exist with respect to divorce and succession. Personal laws exist for them, and they are varied
in their sources, philosophy and application. Thus, a major constraint arises while bringing
people governed by different religions under one roof.

Article 44 of the Constitution of India requires the state to secure for the citizens of India a
Uniform Civil Code throughout the territory of India. But, this is not strictly implemented in
the country. This paper is an attempt to explain that citizens belonging to different religions
and denominations follow different property and matrimonial laws which is not only an
affront to the nation’s unity but also makes one wonder whether we are a sovereign secular
republic or a loose confederation of feudal states, where people live at the whims and fancies
of mullahs, bishops and pundits. This paper highlights the importance of such a civil code in
the country.

v
Introduction:

It has been stated in the Indian Constitution that there shall be a Uniform Civil Code for the
citizens- “The state shall endeavour to secure for the citizens a uniform civil code throughout
the territory of India.1”

The term civil code is used to cover the entire body of laws governing rights relating to
property and otherwise in personal matters like marriage, divorce, maintenance, adoption and
inheritance. The demand for a uniform civil code essentially means unifying all these
personal laws to have one set of secular laws dealing with these aspects that will apply to all
citizens of India irrespective of the community they belong to. Though the exact contours of
such a uniform code have not been spelt out, it should presumably incorporate the most
modern and progressive aspects of all existing personal laws while discarding those which
are retrograde.

Uniform Civil Code generally refers to that part of law which deals with family affairs of an
individual and denotes uniform law for all citizens, irrespective of his/her religion, caste or
tribe. With respect to Article - 44, by seeing the deplorable condition of women, Common
Civil Code will help the cause of national integration by removing disparities and conflicting
ideologies.

Article - 44 is mentioned in Part-IV of Constitution which deals with Directive Principles of

State Policy and which are not enforceable in any court2, but the principles therein laid down
are nevertheless fundamental in the governance of the country and it shall be the duty of the
state to apply these principles at the time of making laws. 3I have consistently argued that
though Directive Principles of State Policy are not justifiable but they are as much part of the
constitution as the Fundamental Rights and therefore they also deserves as much attention
and importance as the Fundamental Rights do.4 The apex court has also held in various cases
that there is a need to construct harmonious construction between DPSP’s and FR’s and such

1
Constitution of India, Article 44,
2
Constitution of India, Article 37
3
“Negotiating Spaces: Uniform Civil Code - Inclusions and Exclusions”, 8-9 November, 2014, at Mumbai,
Majlis
4
Chair Professor, Centre for Comparative Law, NLU, Delhi & Former Vice Chancellor, NUJS, Kolkata and
Professor of Law, University of Delhi..

1
harmony is one of the basic features of the constitution.5 An objection was taken to this
provision in the Constitution Assembly by several Muslim members who were under the
apprehension that their personal law might me abrogated. This objection was met by pointing
out: (i) that India had already achieved a uniformity of law over a vast area; (ii) that though
there was diversity in personal laws, there was nothing sacrosanct about them; (iii) the
secular activities, such as, inheritance, covered by personal laws should be separated from
religion: (iv) that a uniform law applicable to all would promote National Unity; (v) that no
legislature would forcibly amend any personal law in future if people were opposed to it. 6 In
this connection, reference may also be made to the discussion under Article 25 which
guarantees freedom of conscience and profession, practice and propagation of religion.
However, secular activity associated with religious practice is exempted from this guarantee.
But the court has also stratified some of the Fundamental Rights. Some of them like Articles
14, 19 and 21, which are held part of the basic structure; the DPSP’s are also capable of such
stratification. Article 31(c) states that, notwithstanding anything under Article-13, law giving
effect to Article 39(b) & (c) shall not be deemed void on the ground of violating Article- 14,
19 & 31.7 So, the constitutional validity of 25th Amendment was challenged on the ground of
giving primacy to DPSP’s over Fundamental Rights. It was held that since both DPSP’s and
Fundamental Rights are compliment and supplement to each other with the objective of
bringing about social change in pursued of establishing a welfare state. Thus this does not
bring disharmony between DPSP’s and Fundamental Rights.8

DPSPs are not enforceable in any court of law, but these are the guidelines or directives to the
state. But when the state tries to implement a DPSP, there can be a conflict between
Fundamental Rights of citizens and DPSP. In that sense the conflict between the Fundamental
Rights and Directive Principles of State Policy (DPSP) can also be seen as the conflict between
the individual and the state. While Parliament often tried to assert the supremacy of the state
and DPSPs over Fundamental Rights, Supreme Court upheld the rights of the individual as
enshrined in the Constitution, by giving appropriate judgments.

5
Minerva Mills v Union of India, (1980) 3 SCC 625
6
Constituent Assembly Debates, Volume VII 540, 2.
7
Constitution of India, 25th Amendment Act, 1971.
8
Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225).

2
History:

After India became independent Uniform Civil Code was a highly debated issue in the
Parliament of India in the year 1948. On one side great personalities like Dr. B.R. Ambedkar,
supported by other eminent nationalists like Gopal Swamy Iyenger, Anantasayam Iyengar,
KM Munshiji and others were in favor of the Uniform Civil Code whereas it was strongly
opposed by Muslim fundamentalists like Poker Sahib and people from other religions. The
argument on UCC was heated when Constituent Assembly raised the idea of Uniform Civil
Code in 1947 and was incorporated as one of the directive principles of the State policy by
the sub-committee on Fundamental Rights and Clause 39 of the draft directive principles of
the state policy provided that the State shall endeavour to secure for the citizen a Uniform
Civil Code. The feud was that the different personal laws of communities based on religion,
kept India back from advancing to nationhood and the Uniform Civil Code should be
guaranteed to Indian people. The Chairman of the drafting committee of the Constitution, Dr.
B.R. Ambedkar, said that, “We have in this country uniform code of laws covering almost
every aspect of human relationship. We have a uniform and complete criminal code operating
throughout the country which is contained in the Indian Penal Code and the Criminal
Procedure Code. The only province the civil law has not been able to invade so far as the
marriage and succession … and it is the intention of those who desire to have Article 35 as a
part of Constitution so as to bring about the change.”9Earlier, during the rule of Congress
party, it had assured Muslims to practice their Islamic personal Laws and thus the architects
of the Constitution, compromised by including the enactment of a Uniform Civil Code under
the Directive Principles of State Policy in Article - 44 of the Constitution, i.e. it will be
binding on the State to adopt the Uniform Civil Code system rather it will only act as
persuasive legal provision. Nehru said in 1954 in the Parliament, “I do not think at the present
time the time is ripe for me to try to push it (Uniform Civil Code) through.” 10 Since the
Uniform Civil Code was a politically sensitive issue, the founding fathers of the Constitution
arrived at an honorable compromise by placing it under Article 44 as a directive principle of
state. In the year 1955 Prime Minister Jawaharlal Nehru thought of codifying personal laws
but it was obstructed by the orthodox elements, as it promoted monogamy, divorce and equal

9
Lok Sabha Secretariat, Constituent Assembly Debates Vol. III, 551, 23 Nov. 1948.
10
Virendra Kumar, “Towards a Uniform Civil Code: Judicial Vicissitudes [from Sarla Mudgal (1995) to Lily
Thomas (2000)]” 42 JILI 315 (2000).

3
division of property between son, daughter and widow, adoption, maintenance to wife etc.
but later Nehru was convinced and brought in the Hindu Code Bill in the same year. The
major criticisms to the Code were that it did not touch upon the Muslim community and it
was here that Nehru’s idea of secularism suffered a certain extent of lacuna. Therefore, a
lesser version of Hindu Code was passed after a long opposition in the parliament between
1955-56 sessions. The BJP was the first party to promise the UCC if elected into power.
Presently Goa is the only state, which has the UCC. Goa’s uniform civil code happily
coexists with a variety of personal codes available to followers of particular faiths. Goa is the
only state to have implemented the directive principle on the Uniform Civil Code and
converted it into a law called the Goa Civil Code or the Goa Family Law. It is the set of civil
laws that governs all the residents of Goa irrespective of the religion or the ethnicity to which
they belong. But it makes available an option and underlines the point that a uniform civil
code and personal laws do not represent an either/or choice and that the one does not mandate
the obliteration of the other.

Personal Laws in India11:

If we talk about country like India, it is a country which consists of million customs and
communities. India is home to many famous religions and cultures in the world. If we go by
the India’s history, religion has been an important part of the country’s culture and our
Constitution guarantees that all persons are equally entitled to right to freedom to profess any
religion12.. Religions not only have been serving as the foundation of the culture of India, but
have had enormous effect on Indian politics and society. In India, religion is a way of life. It
is an integral part of the entire Indian tradition.13 A vast majority of Indians, (over 93%)
associate themselves with a religion. According to the 2001 census 80.5% of the population
of India practice Hinduism, Islam (13.4%), Christianity (2.3%), Sikhism (1.9%), Buddhism
(0.8%) and Jainism (0.4%) are the other major religions followed by the people of India. Both
Religious diversity and religious tolerance are established in the country by the law and
customs which we follow. India is a country that has secularism enshrined in its Constitution
yet there is a contradiction in this whole concept of secularism, particularly when it is
interpreted in the personal laws of its citizens. It becomes a confusing melting pot when
Hindus, Muslims, Christians and Parsees have different personal laws pertaining to marriage,

11
N.R. Nithya, “Uniform Civil Code for India: Prospects and Constraints”, Volume: 2, Issue: 9, Sept 2013.
12
Constitution of India. Article 25,
13
V.R.Sai Sathya, “Uniform Civil Code in India- An Empirical Study”, Reg. No: 131401081.

4
adoption, guardianship, divorce, succession and so on. Each community in India has their
own personal laws in case of marriage and divorce. These religious communities co-exist as
part of one country yet the family laws in India differs from one religion to another. The
reason is that the customs, social usage and religious interpretation of these communities as
practiced in their personal lives depend hugely on the religion they were born in and that
which they practice in the Indian society. The codified personal laws relating to marriage,
divorce, property and inheritance are:

 The Indian Christian Marriage Act of 1872 (applicable to whole of India except areas of
erstwhile Travancore- Cochin, Manipur and Jammu & Kashmir),
 Anand Marriage Act, 1909 (For Sikh marriages),
 Cochin Christian Civil Marriage Act of 1920 (applicable for Travancore-Cochin areas),
 Muslim Personal Law (Shariat) Application Act, 1937 (making Shariat laws applicable to
Indian Muslims),
 The Parsi Marriage and Divorce Act, 1937
 Hindu Marriage Act, 1955 (applicable to not merely Hindus, Buddhists and Jains but also to
any person who is not a Muslim, Christian, Parsi or Jew, and who is not governed by any
other law).

Objectives:
 To study the essentiality for India to construct a Uniform Civil Code for its citizens.
 To critically analyse the controversies and constituent assembly debates on Uniform Civil
Code for India.
The enforcement of Article 44 under directive principle of state policy in Indian Constitution
ensures gender equality and will end religious conflicts. The application of Uniform Civil
Code promotes National unity and ensures togetherness of the society. A uniform civil code
will help in integrating India more than it has ever been since independence.

5
Controversy revolving around the Uniform Civil Code:

If we talk about the Uniform Civil Code in India, it is indeed surrounded by a plethora of
controversies. We can easily say that personal laws are the main cause of communal conflict
that has arisen among people. One of the basic problems with the absence of a Uniform Civil
Code applicable throughout India is that it goes against the concept of equality which is one
of the basic tenets of our Constitution. By having different personal laws for different
religions that exist within the country, in a sense, we are undermining the credibility of the
secular ethos of India.

The core reason that has budded the controversy revolving around Uniform Civil Code is
secularism and the freedom of religion that has been enumerated in the Constitution of
India14under Article 2515& 2616. The preamble of the Constitution states that India is a
"Secular Democratic Republic" In short, it means that there is no onereligion for the State in
entirety. A secular State shall not discriminate against anyone on the ground of religion,
caste, gender. A State is only concerned with the relation between man and man. It is not
concerned with the relation of man with God. It does not mean allowing all religions to be
practiced. It means that religion should not interfere with the mundane life of an individual.
Further criticism is incurred, when it is pointed out that, “The Indian State has, however,
made no effort to change these laws or introduce new legislation in conformity with
Constitutional principles.” Reddy stated that the religion is the matter of individual faith and
cannot be mixed with secular activities as secular activities can be regulated by the
state.17Also, Reddy stated that, “In fact Indian Government seems to have chosen to ignore
these principles completely and acts as if they did not exist.”18

Various attempts have been made from time to time for enacting a Uniform Civil Code after
independence and the Supreme Court in various cases has been giving directions to the

14
P.B. Gajendragadkar, “Secularism and the Constitution of India”, (1971) Bombay, PP.56-90.
15
Article 25 - (1) Subject to public order, morality and health and to the other provisions of this part, all persons
are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. (2)
Nothing in this Article shall affect the operation of any existing law or prevent the State from making any law -
a) regulating or restricting any economic, financial, political or other secular activities which may be associated
with religious practice; b) providing for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus."
16
"Subject to public order, morality and health, every religious denomination or any section thereof shall have a
right- a) to establish and maintain institutions for religious and charitable purposes; b) to manage its own affairs
in matters of religion; c) to own and acquire movable and immovable property; and d) to administer such
property in accordance with law."
17
S.R. Bommai v. Union of India, (1994) 3 SCC 1.
18
Kirti Singh, “Obstacles to women’s Rights in India”, Human Rights of Women: National and International
Perspectives 375 (1994).

6
government for implementing Article 44 of the Constitution and to reform the personal laws
specially those relating to the minorities and to remove gender bias therein.

Uniform Civil Code - Gender Justice:

If we go by the term- Uniform Civil Code in terms of Gender Justice the Indian Constitution
expressly stands for gender equality. Women empowerment in the major areas like social
status, gender bias, health, security and empowerment are of urgent necessity. The Indian
state has in fact encouraged codifying tribal customary laws. Article 44 expects from the
State to secure a Uniform Civil Code for all citizens of India. There is no Uniform Civil Code
in India but a Uniform Criminal Code exists. The Criminal law is equally applicable to all
citizens irrespective of their religious affiliation. However in the case of civil law particularly
in the matter of personal laws there is no uniformity.19For example, Article 44 of the Indian
Constitution envisages a Uniform Civil Code for all citizens in Article 44 and it lays down
that, “The State shall endeavor to secure for the citizen a Uniform Civil Code throughout the
territory of India.”20 However, even after half a century from the framing of the Constitution,
the ideal of Uniform Civil Code is yet to be achieved. Women, who make up nearly a half of
India, continue to clamor for a gender just code to enjoy equality and justice irrespective of
the community to which they belong. The Uniform Civil Code is required not only to ensure:

(a) Uniformity of laws between communities, but also

(b) Uniformity of laws within communities ensuring equalities between the rights of men
and women.21

19
Tanushree, “Uniform Civil Code in India- An Analysis”, Journal on Contemporary Issues Of Law, Vol.2, Issue
9.
20
V. N. Shukla, THE CONSTITUTION OF INDIA, 308 (2001).
21
Agnes, F., “Hindu Men Monogamy and Uniform Civil Code” XXX (50) Economic and Political Weekly 32.
(1995); B. Karat, “Uniformity v. Equality” Frontline 17 Nov, 1995.

7
UCC AND ROLE OF JUDICIARY:

In the post-colonial India, the role of Judiciary in the implementation of uniform civil code is
very appreciable. In fact it is the judiciary, which through its interpretations paved the way
towards uniform civil code.

For the very first time the Supreme Court has directed the Parliament to frame a Uniform
Civil Code in the year 1985, popularly known as the Shah Bano case. In this case, a Muslim
women claimed for maintenance from her husband under S.125 of CRPC after she was given
triple talaq pronouncements by her husband.

In this particular case three issues were raised:

1. Whether Sec-125 of CRPC will be applicable on Muslim Women?

2. Is payment of Dower or Mehar is equal to maintenance?
3. If maintenance is to be given then up to what time?

The Supreme Court held that Muslim Women have a right to get maintenance from her
husband under s.125 and observed that Art.44 (3) of the Constitution of India has remained in
the dead light. It will be applicable because CRPC is a secular law and under this Muslim
women will get maintenance despite of her personal laws. Dower and maintenance are two
different things. Dower originates at the time of marriage with love and affection.
Maintenance originates when they are separated, breakdown of marriage, legal compulsion.
According to Muslim Law, the maintenance will be given upto Iddat period (which is of 3
months after the divorce) and according to CRPC, until remarriage22. Since, there is a conflict
between CRPC and Personal Law.

Similarly the question of maintenance was arisen in Danial Latifi v. Union of India, the
Supreme Court of India held that maintenance will be given till remarriage. However within
means some part has to be paid or initiated within Iddat period.23

The Second instance was in the case of Sarla Mudgal v. Union of India, there was a practice
Hindu man used to convert into Islam to marry other women. So, the intention was to conduct
bigamy but it was not the intention that he wants to convert his religion from Hindu to Islam.
The court held that this would amount to nothing but merely abusing the personal laws 24. The
main reason of doing this is that what he wants to do that is not permissible under Hindu
22
Mohd. Ahmed Khan v. Shah Bano Begum And Ors, 1985 SCC (2) 556.
23
Danial Latifi v. Union of India, 2001 (7) SCC 740.
24
Sarla Mudgal v. Union of India, 1995 SCC (3) 635.

8
Law. So he needs to convert his religion from Hindu to Islam. So, conversion into Islam to
escape the consequences of Bigamy will not be allowed and such second marriage will be
void.

Another landmark judgment called for the implementation of Uniform Civil Code. In this
case, a priest from Kerala, challenged the Constitutional validity of S.118 of the Indian
Succession Act, which is applicable for non-Hindus on India. Mr. John Vallamatton,
contended that S.118 of the said act was discriminatory against the Christians as it imposes
unreasonable restrictions on their donation of property for religious or charitable purposes by
will. The bench struck down the section as unconstitutional25. It called for the parliament to
take concrete steps to enact a Uniform Civil Code. It was stated that a common civil code will
help the cause of national integration by removing the contradictions based on ideologies.

In Maha Rishi Awadesh v. Union of India, a writ petition was filed to declare Uniform Civil
Code mandate. The court held that it is the matter of Legislation and comes under the ambit
of Legislature.26

However, in Ahmadabad Women’s Action Group (AWAG) v. Union of India, a PIL was filed
challenging gender discriminatory provisions in Hindu, Muslim and Christian statutory and
non-statutory law. This time Supreme Court became a bit reserved and held that the matter of
removal of gender discrimination in personal laws “involves issues of State polices with
which the court will not ordinarily have any concern.” 27
The decision was criticized that the
apex court had virtually abdicated its role as a sentinel in protecting the principles of equality
regarding gender related issues of personal laws of various communities in India.28

25
John Vallamatton v. Union of India, Writ Petition (C) No. 242 of 1997.
26
Maha Rishi Awadesh v. Union of India, 1994 Supp (1) SCC 713.
27
Ahmadabad Women’s Action Group (AWAG) v. Union of India, AIR 1997 SC 3614.
28
Dhawan, Rajeev, “The Apex Court and Personal Law” The Hindu, Published on 14 March 1997.

9
NEED FOR UNIFORM CIVIL CODE IN INDIA:

The need for uniform civil code has been felt for more than a century. India as a country has
already suffered a lot in the absence of a Uniform Civil Code .The society has been
fragmented in the name of religions, sects and sex. Even at present, in India, there are
different laws governing rights related to personal matters or laws like marriage, divorce,
maintenance, adoption and inheritance for different communities. The laws governing
inheritance or divorce among Hindus are thus, very different from those pertaining to
Muslims or Christians and so on. In India, most family law is determined by the religion of
the parties concerned Hindus, Sikhs, Jains and Buddhists come under Hindu law, whereas
Muslims and Christians have their own laws. Muslim law is based on the Shariat; in all other
communities, laws are codified by an Act of the Indian parliament. There are other sets of
laws to deal with criminal and civil cases, such as the Criminal Procedure Code, 1973and the
Indian Penal Code, 1862. The multifarious castes and creeds and their sets of beliefs or
practices are bewilderingly confusing and nowhere is a scenario like in India, of various
personal laws jostling together is allowed29. The demand for a uniform civil code essentially
means unifying all these personal laws to have one set of secular laws dealing with these
aspects that will apply to all citizens of India irrespective of the community they belong to 30.
Though the exact contours of such a uniform code have not been spelt out, it should
presumably incorporate the most modern and progressive aspects of all existing personal laws
while discarding those which are retrograde. India has set before itself the ideal of a secular
society and in that context achievement of a uniform civil code becomes more desirable.
Such a code will do away with diversity in matrimonial laws, simplify the Indian legal system
and make Indian society more homogeneous. It will de-link law from religion which is a very
desirable objective to achieve in a secular and socialist pattern of society. It will create a
national identity and will help in containing fissiparous tendencies in the country .The
uniform civil code will contain uniform provisions applicable to everyone and based on
social justice and gender equality in family matters. According to the Committee on the
Status of Women in India, "The continuance of various personal laws which accept
discrimination between men and women violate the fundamental rights and the Preamble to
the Constitution which promises to secure to all citizens "equality of status, and is against the

29
Debajyoti Saha, “Uniform Civil Code- A Feasible Legislation”, IJESLS, Vol. 1, Issue 4, ISSN No. 23954906.
30
Tanushree, “Uniform Civil Code in India- An Analysis”, Journal On Contemporary Issues Of Law, Vol.2,
Issue 9.

10
spirit of natural integration". The Committee recommended expeditious implementation of
the constitutional directive in Article 44 by adopting a Uniform Civil Code31.

Goa has shown the way and there is absolutely no reason for delay. A secular India needs a
uniform civil code.

CASE STUDY – The Goan Civil Code:

Goa is the only state in India which has enforced Uniform Civil Code for all citizens. The
Portuguese Civil Code that remains in force even today which was introduced in the 19th
century in Goa and wasn’t replaced after liberation.

The Uniform civil code in Goa is a progressive law that allows equal division of income and
property regardless of gender between husband and wife and also between children. Every
birth, death and marriage has to be compulsorily registered. For divorce there are severe
provisions. Muslims that have their marriages registered in Goa cannot take more than one
wife or divorce by pronouncing “talak” thrice. During the course of marriage all the property
and wealth owned or acquired by each spouse is commonly held by the couple. Each spouse
in case of divorce is entitled to a half share of the property and if one dies the ownership over
half of the property is retained by the other.

 There is no discrimination between Hindus and Muslims or any other Communities, it

governs personal matters like Marriage, Divorce, Succession Act, etc. And embraces the
concept of General Equality.
 Every Birth, Death, Marriage is compulsory registerable and it provides equal division of
property between husband and wife and also between children.
 It enacts the rule of monogamy and the Muslims whose marriages are registered in Goa can
neither marry a second wife nor divorce the existing one just by pronouncement of Triple -
Talaq.
 Strict provisions have also been made about the distribution of property at the time of divorce,
each spouse is entitled in case of divorce to half the share in the property.
 As far as succession is considered in case of death of spouse it is provided that the ownership
of half of the property is retained by surviving spouse and the other half equally divided
among the children’s and the wife irrespective the children’s are male And female or whether
they are unmarried or married and left the house.

31
“Towards equality: Report of the Committee on the status of Women in India”, New Delhi: Government of
India, Ministry of Social and Educational Welfare, Department of Social Welfare, 1974.

11
SUGGESTIONS:

In order to promote the spirit of uniformity of laws and accomplish the objectives enshrined
in Art.44 of the Constitution, the following suggestions need immediate consideration.

 A progressive and broadminded outlook is needed among the people to understand the spirit
of such a Uniform Civil Code. For this, education, awareness and sensitisation programmes
must be taken up by the Government of the Country.
 The Uniform Civil Code should act in the best interest of all the religions and the demands of
all the religion must be kept in mind while such a code is prepared.
 A committee of eminent jurists should be considered to maintain uniformity and care must be
taken not to hurt the sentiments of any particular community.
 It must also be noted that if any such a code is ever prepared in the country, it must be so that
it purports national integrity and sovereignty.

12
CONCLUSION:

After such a deliberate explanation it can be said that the merely uttering these three words
would lead to the nation breaking into hysterical jubilation and frantic wailing at the same
time, because although the concept of a unified code for all the people sounds too good to be
true, it is, alas, not provided for to the citizens of the country. This uniform civil code has
social, political, and religious aspects. The UCC would carve a balance between protection of
fundamental rights and religious dogmas of individuals.

A Uniform Civil Code sets the precedent for attaining true equality and egalitarianism. It will
help in integrating India more than it has ever been since independence. Bringing in the UCC
cannot be a knee-jerk step but implementation of India's secularism could be made by
enacting personal laws outside the purview of religion. Different personal laws for various
communities creates unnecessary burden on the legal system. Bringing a Uniform Civil code
would reduce that. Uniform Civil code is also a major step towards gender justice especially
for Muslim women. Most of the personal laws have bias against rights of women, whereas,
bias is not only against women but also operates against men. If all Indians have same laws
governing them, then the politicians will have no chance of exploiting any community in
exchange of their votes. It will not only raise the bar of the legal system but also help in the
progress of India as a nation.

But to Conclude, I must say that UCC is necessary because personal laws are inconsistent
with our declaration "To constitute India into Socialist Secular Democratic Republic" as has
been enshrined in the Preamble, and it is almost impossible to achieve the golden goals
without the UCC existing in the country. The Government should draft a Common Civil
Code with the opinion of Law Commission, National Human Right Commission, and
National Commission for Women, Former Attorney Generals, Solicitor Generals and Judges
of the Supreme Court and must implement the UCC in spirit of the Article - 44 of the
Constitution on priority. Socially and culturally, we have degraded to a point where we are
neither modern nor traditional. Bringing the UCC would reduce and help in simplifying many
technicalities and loopholes, present in existing personal laws. Every contemporary and
advanced nation has a unified civil code for its citizens, and all of them seem to be doing
well, so why not allow India to have a golden opportunity in the form of such a Code, and let
out the bird lose. Maybe we will see better days too, maybe the bird shall fly back home to
development.

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 BIBLIOGRAPHY

Books Referred:
 M.P.JAIN, 7th Edition, Indian Constitutional Law
 V.N. SHUKLA, The Constitution of India
 D.D.BASU, 22nd Edition, Introduction to the Constitution of India

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