Author: Suyogya Awasthy,

Email Id: suyogya.law@hotmail.com

IInd Year (III Semester),Damodaram sanjiviyya National Law University
Contact Number: +917799349902
Co-Author: Kumari Ranjita,
Email Id: ranjita.tngp@gmail.com
IInd Year (III Semester),Damodaram sanjiviyya National Law University
Contact Number: +918712853263
.

UNIFORM CIVIL CODE

It needs to be asked if it is possible or practicable to reconcile divergent laws and formulate a
uniform or common code acceptable to all the communities

The Constitution of India contains Directive Principles of state policy from Article 36-51 which
are fundamental in the ruling of the country and shall be the duty to apply.Article 44 is uniform
civil code that is one of the DPSP and states thatThe state shall breeze to secure for the citizens
a uniform civil code throughout the territory of Indiai.

Now the pertinent question arises what is a uniform civil code?

The term civil code is utilized to cover the whole assortment of laws overseeing rights
identifying with property and generally in individual matters like marriage, separation, support,
reception and legacy.
As things stand, there are diverse laws representing these viewpoints for different groups in
India. Along these lines, the laws administering legacy or separation among Hindus would be not
the same as those relating to Muslims or Christians et cetera. The interest for a uniform common
code basically means binding together all these individual laws to have one set of common laws
managing these perspectives that will apply to all nationals of India regardless of the group they
fit in with.ii
The Law can't manage to be specific in application. It must be general and uniform unless the
zone of operation of a specific law or the general population deeds with are distinguishable from
others, and such distinction has a reasonable connection with the purpose of the law. IF any law
or body violates the basic condition, it would, sometime, confront resistance on good or social
grounds if not entirely on lawful ones.iii
A couple of years back, while hearing a case relating to whether a Christian has the privilege to
pass on property to a philanthropy, the court lamented the way that the state has not yet executed
a uniform common code.iv

The uniform civil code will not affect personal laws of a particular community. These laws will
only be there to remove the gender biases from the personal laws, which has always existed in
India.
There has been a require the sanctioning of uniform common code from numerous quarters, yet
the issue stayed unsolved in spite of heated debates, both inside and outside the courtrooms. In
the highly discussed Shah Bano case, the Supreme Court has held that Section 125 of the CrPC,
being a mainstream obtainment was relevant to all the conditions according to it the life partner
was sure to keep up his wife seeing that she doesn't remarry.
In such manner, the then CJ of India, Justice Y.V. Chandrachud observed that-A common civil
code will help the cause of national integrity by removing disparate loyalty towards a law that
have conflicting ideologies.v
The second situation in which the Supreme Court again directed the government of Article 44
was in the case of Sarla Mudgal Vs U.O.I. In this case, the question was whether a Hindu
husband, married under the Hindu law, by embracing Islam, can solemnize a second marriage.
The court held that a Hindu law can only be dissolved on any grounds stated under the Hindu
Marriage Act, 1955.Converting to Islam and marrying one more time would not but by itself,
dissolve the Hindu marriage under the Act and thus abscond marriage after converting to Islam
would be an offense under Section 494 of IPC.vi
Justice Kuldip Singh also opined that Article 44 has to be retrieved from cold storage where it is
lying since 1949.The Honble Justice referred to the codification of Hindu personal law and
held.'At the point when more than 80% of the subjects have been brought under the classified
individual law there is no illumination at all to keep in suspension, any longer, the uniform's
disclosing common code for every one of the nationals in the region of India.The spine of
controversy revolving around UCC has been secularism and the freedom of religion enumerated
in the Constitution of India, Uniform Civil Code is not opposed to secularism or will not violate
Article 25 and Article 26.Article 44 is based on the ideology that there is no necessary
connection between religion and personal law in a civilized society.vii

The UCC shall not result in interference with ones religious beliefs relating, mainly to
maintenance, succession, and inheritance. Justice Khare, in a case, saidIt is no matter of doubt that marriage, succession and the like matters of secular character cannot
be brought within the guarantee specified under Articles 25 and Article 26.viii
The Supreme court's call for a uniform civil code has once more ignited a sharp defeat.Indian
Muslims believe their personal laws are sacred, derived from the Koran and the Shariat and are
non-changeable. Tragically, the discussion only shows the deep cleavage between Hindus and
Muslims. Most Hindus want a UCC, and most Muslims are against any change in the present set
up.ix
One cannot progress riding on the past's wheels. There is undoubtedly India needs uniform laws.
Criminal and Commercial laws are basic, so there is a little purpose behind common laws to
appear as something else. It just partitions Indians on the premise of religion that shouldn't have
happened in the 21st century.
The most well known and quoted are laws that allow Muslim men to have four wives
simultaneously, they can get divorce by simply uttering the word Talaq thrice, or allow girls
barely into property to marry. The fact that females have no such responding rights implies these
laws are unequal and give men gigantic control over the more pleasant sex. No big surprise, most
Muslim nations, including Pakistan, have essentially gotten rid of such laws or altered them
suitably. Some will restrict any adjustment in the law. However, laws must be switched to stay
aware of the evolving times.
Similarly, in Christian law, a husband can get a divorce on grounds of adultery while a wife has
to prove adultery and cruelty. In Hindu, inheritance rights to sons and not daughters can inherit
property. Such examples abound and need urgent rectification.
The country can begin by categorically preferring rationality over religion, reason over rhetoric.
The laws must treat men, women and all humans equally.
In the flip side, there are also some views against the implementation of UCC.A comparative
study of the individual laws of the Hindus, Muslims and different minorities will uncover that the
sheer assorted qualities of these laws, combined with the obdurate enthusiasm with which they

are held fast to, can't allow consistency of any kind. Truth be told, the heterogeneity of the Hindu
law itself is such that run the likelihood of a uniform Hindu code is backed out.x
Therefore, it must be inquired as to whether it is achievable to suit these different laws of the
Hindus and Muslims and figure a uniform code that is satisfactory to both the groups, to say
nothing in regards to Christian and Parsis.The cornerstone of a democratic society is equality.
Without equality , there can be no justice, just as without justice there can be no equality.
CONCLUSION
In any case, to finish up, I might want to express that nationals fitting in with different religions
and non-administrative association take after distinctive individual laws which is an attack
against the country's solidarity, as well as makes one marvel whether we are a common sovereign
republic or a free confederation of medieval states, where individuals live at the impulses and
fancies of Mullahs, Bishops, and Pandits.xi

i http://www.lawyersclubindia.com/forum/INDIAN-CONSTITUTION-IN-BRIEF-4017.asp#.VflBshGqqko
ii http://articles.economictimes.indiatimes.com/2003-07-28/news/27541538_1_uniform-civil-code-personallaws-sarla-mudgal
iii http://articles.economictimes.indiatimes.com/2003-07-28/news/27541538_1_uniform-civil-code-personallaws-sarla-mudgal
iv http://articles.economictimes.indiatimes.com/2003-07-28/news/27541538_1_uniform-civil-code-personallaws-sarla-mudgal
v http://www.legalserviceindia.com/articles/ucc.htm
vi http://www.shareyouressays.com/85459/essay-on-the-uniform-civil-code
vii http://www.lawweb.in/2012/08/second-marriage-by-husband-by.html
viii http://www.legalserviceindia.com/articles/ucc.htm
ix http://www.rediff.com/news/2003/aug/04akd.htm
x http://www.thehindu.com/op/2003/08/19/stories/2003081900050200.htm
xi http://www.legalserviceindia.com/articles/ucc.htm