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2. Table of contents
Need
Need of Uniform Civil Code
in current scenario.
Introduction
A brief description about
Uniform Civil Code.
History
Background and History of
Uniform Civil Code
Challenges
Challenges in
Implementation of UCC
01
03
02
04
Imp. Judgements
Important Judgements
related to UCC
Conclusion
Conclusion of all the facts
related with UCC
05 06
4. Introduction
● UCC is one that would provide for one
law for the entire country, applicable to
all religious communities in their
personal matters such as marriage,
divorce, inheritance, adoption etc.
● Article 44 of the Constitution lays down
that the state shall endeavour to secure
a UCC for the citizens throughout the
territory of India.
● Its implementation will make sure that all
personal matters such as marriage,
divorce, adoption, inheritance, and
succession will be dealt with uniformly
for all persons irrespective of their
Caste, Gender, Religion or Status.
6. History
History
● The origin of the UCC dates back to colonial India when the British
government submitted its report in 1835 stressing the need for uniformity
in the codification of Indian law relating to crimes, evidence, and
contracts, specifically recommending that personal laws of Hindus and
Muslims be kept outside such codification.
● Increase in legislation dealing with personal issues in the far end of
British rule forced the government to form the B N Rau Committee to
codify Hindu law in 1941.
● Based on these recommendations, a bill was then adopted in 1956 as the
Hindu Succession Act to amend and codify the law relating to intestate or
unwilled succession, among Hindus, Buddhists, Jains, and Sikhs.
● However, there were separate personal laws for muslim, christian & Parsis.
8. Controversies
UCC will also solve
many controversies
such as Triple - Talaq,
etc
Women Empowerment
UCC will be proved as boon
for Women Empowerment. It
will ensure gender equality
in all aspects of life.
Malpractices
UCC will help to prevent
many Malpractices such
as Child Marriage, etc.
which are still accepted
by many religions
Justice & Equality
Implementation of UCC is
necessary to provide
justice and equality to all
people of all religions and
sects.
Need of Uniform Civil Code
10. The demand for a uniform
civil code has been framed
in the context of communal
politics. A large section of
society sees it as
majoritarianism under the
garb of social reform.
Challenges in implementation of
Uniform Civil Code
Exception in Laws Communal Politics
Article 25 of Indian
constitution, that seeks to
preserve the freedom to
practise and propagate any
religion gets into conflict with
the concepts of equality
enshrined under Article 14 of
Indian Constitution.
Constitutional
Hurdle
There are many exceptions
in Central Family laws which
give some States and UTs
special power to preserve
their culture and heritage
thus creating a challenge in
implementation of UCC.
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Important
Judgements
Related to UCC
12. Shah Bano Case, 1985
Important
Judgements
Sarla Mudgal Case, 1995
● Shah Bano went to court for getting maintenance
from her husband who had divorced her.
● Court ruled in her favour.
● Orthodox Muslims considered this an interference
in their personal religious matter.
● Muslim Women (Protection of Rights on Divorce)
Act, 1986 enacted.
● Its judgement in 1995 laid down the principles against
the practice of solemnizing second marriage by
conversion to Islam, with first marriage not being
dissolved. The verdict discusses issue of bigamy, the
conflict between the personal laws existing on matters
of marriage and invokes article 44 of Indian
Constitution. It is considered a landmark decision
that highlighted the need for a uniform civil code.
14. Conclusion
● A Common Civil Code, to govern personal
matters of all citizens irrespective of their
Race or religion is need of the hour.
● A committee of eminent jurists should be
considered to maintain uniformity.
● Care must be taken to not to hurt
sentiments of any particular community.
● Practices like Teen- Talaq, Child Marriage ,
etc should be banned.
● The government must prepare a good
environment for uniform civil code by
explaining the content and significance of
Article - 44.