Uniform Civil Code

I personally do not understand why religion

should be given this vast, expansive
jurisdiction, so as to cover the whole of life
and to prevent the legislature from
encroaching upon that field.

-Dr. B R Ambedkar
WHAT IS A CIVIL CODE?

The entire body of laws governing the rights

relating to property and otherwise in personal
matters like marriage, divorce, inheritance,
adoption and maintenance.
There is a Hindu Marriage Act, a Muslim Personal
Law (Shariat) Application Act, 1937, a Christian
Marriage Act and a Parsee Marriage and Divorce
Act. Hindu Marriage Act applies to any person who
is a Hindu, Buddhist, Jain or Sikh by religion.
There is also a Special Marriages Act, 1954 under
which people can perform marriage irrespective of
the religion followed by either person. These laws
deal with the matters involving marriage, divorce,
inheritance, adoption, and maintenance of the
respective religions. Having a Uniform Civil Code
will mean that all these laws will be replaced by a
new law which will be applicable for all irrespective
of their religions.
 WHAT IS UCC
Uniform set of civil laws.
Covers marriage, inheritance, adoption, divorce and
maintenance.
Application on everyone, despite of their religion,
caste or community.
Will remove all the personal laws.
Is a big step toward women empowerment.
Mentioned under Art- 44 of the Indian
Constitution.
 History of UCC
The British codified the law of crimes and made
a secular law to deal with the crimes. In the
realm of personal laws very few attempts were
made. The attempt for a Codified Hindu law has
also failed.
At the time of drafting our constitution, there
were extensive debates regarding these
personal laws. They argued that a Uniform
Civil Code would help in constructing an
Indian national identity and eradicate those
based on caste and religion. But the proposal
was also resisted on the grounds that it would
destroy the cultural identity of minorities.
Subsequently, a compromise was reached. The
UCC was placed under the Directive principles,
which the state shall endeavor to achieve but
which is non-binding.
Quite similarly, during the debates over the
Hindu code bills (a set of common laws
governing personal matters for all Hindus), large
segments of the Hindu population protested and
held rallies against the bills.
They argued that practices such as divorce were
prohibited by Hinduism and that for a Hindu the
institution of marriage is indissoluble. They were
also against granting equal property rights to
women, fearing the concept of a joint family
might crumble because of it.
Nehru split the Code Bill into four parts,
including the Hindu Marriage Act, the Hindu
Succession Act, the Hindu Minority, and
Guardianship Act, and the Hindu Adoptions and
Maintenance Act. These were met with
significantly less opposition and were passed in
the mid-1950s.
ESSENTIALS OF UCC

Marriage & divorce

Monogamy

Fixed Age limit (male-21 years & female -18 years)

to curb child marriage.
Compulsory registration of marriage.

Grounds and procedures for divorce should be

specified.
 Succession & inheritance
Equal shares to sons and daughters in
fathers property.

No discrimination in matters of inheritance.

Essential, procedures and execution of will.

Provisions for gifts.

 Maintenance

Husbands duty to maintain wife during the

marriage and after also until she remarries.

Amount of alimony to be decided on income, status

and lifestyle of husband.

Responsibility of children to maintain parents.

Parents should maintain their children.

 POSITION OF UCC UNDER
THE INDIAN CONSTITUTION
Preamble - starts with we the people and talks
about fraternity and secularism.
Article 44, one of the directive principles laid
down in the Constitution, says: The state shall
endeavour to secure for the citizens a uniform civil
code throughout the territory of India.
As Article 37 of the Constitution itself makes clear,
the directive principles shall not be enforceable by
any court. Nevertheless, they are fundamental in
the governance of the country.
Art 15 of the Indian Constitution gurantees to
every citizens that consists of not discriminate
against any citizen on grounds only of
religion, race, caste, sex, place of birth or any
of them. Art 15(3) provides that Nothing in
this article shall prevent the State from
making any special provision for women and
children.
 NEED FOR UNIFORM CIVIL
CODE
Patriarchal society

Personal law justice denied

Violence against women

Discrimination in matters of marriage, divorce,

inheritance etc

Gender justice
 NEED FOR UNIFORM CIVIL
CODE

Women Empowerment

Establish Right to equality

Establish complete Secularism

Imparting justice in true sense

WHY IS IT DIFFICULT TO
IMPLEMENT?
Mindset of orthodox communities and their
belief.
Ignorance of People

Political Parties use communal issues for

votebank purposes.
Communal riots.

Customary Laws and practices.

 UCC & Right To Religion

Country of diverse religions

Presence of personal laws for every community
Under constitution: State distanced from religion
Secular in preamble
Controversy of article 25,26 and 29
Uniform Civil Code is that its imposition will be a
violation of Fundamental Rights envisaged by the
Constitution. Fundamental Rights are judicial rights
and are regarded as the most important rights
guaranteed by the Constitution.

Article 25 says, Freedom of conscience and free

profession, practice and propagation of religion.

Article 26(b) says, Subject to public order, morality

and health, every religious denomination or any
section thereof shall have the right to manage its own
affairs in matters of religion.
Article 29 - Protection of interests of
minorities

(1)Any section of the citizens residing

in the territory of India or any part
thereof having a distinct language,
script or culture of its own shall have
the right to conserve the same

(2)No citizen shall be denied

admission into any educational
institution maintained by the State or
receiving aid out of State funds on
grounds only of religion, race, caste,
Those people who argue against the Uniform Civil
Code are of the opinion that for believers, matters
like marriage, divorce and inheritance are religious
affairs and the Constitution guarantees freedom of
such activities and therefore the Uniform Civil Code
will be a violation of that.
Mohd. Ahmed Khan v. Shah Bano Begum

Sarla Mudgal V. Union of India

Noor Khatoon V. Mohammad Quasim

John Vallamattan V. Union Of India