Uniform Civil Code

1. NOTES
ON
UNIFORM CIVIL CODE

2. DEFINITION OF THE PROPOSED UNIFORM CIVIL
CODE
• UCC is meant to replace various laws currently applicable to various respective communities,
which are inconsistent with each other. These laws include the Hindu Marriage Act, Hindu
Succession Act, Indian Christian Marriages Act, Indian Divorce Act, Parsi Marriage and Divorce
Act. Meanwhile, certain ones like Sharia (Islamic laws) are not codified and solely based upon
religious scriptures and interpretations.
• The proposals in UCC include monogamy, equal rights for son and daughter over inheritance of
paternal property, and gender and religion neutral laws with regards to will, charity, divinity,
guardianship and sharing of custody. These proposals may not result in much difference to the
status of Hindu society, as they have already been applicable on Hindus through the Hindu
Code Bills for decades.

3. THE UNIFORM CIVIL CODE IN INDIA BILL, 2020 (Bill
no. II of 2020)
• It is introduced in the Rajya Sabha on 9th December, 2022.
• This bill has been introduced to provide for the constitution of National
Inspection and Investigation Committee for preparation of Uniform Civil Code
(UCC) and its implementation throughout the territory of India and for matters
connected therewith or incidental thereto.

4. WHY IS THERE A NEED FOR A UNIFORM CIVIL
CODE?
• According to the Indian Constitution, India is a secular country, in which followers of all religions and sects (such as Hindu, Muslim, Sikh, Buddhist,
etc.) have the right to make laws related to their respective religions. There are two types of personal law in India. The first is the Hindu Marriage Act
1956; applies to Hindu, Sikh, Jain and other sects.
• Second, the Muslim Personal Law applicable to those who follow the Muslim religion while the Hindu Marriage Act 1956 made under the provisions of
the Indian Constitution is applicable for all other religions and sects except Muslims, then the same law implemented for the Muslim religion as well.
• Under the UCC a collection of laws will be prepared which will protect the personal rights of all citizens without considering the religion, which seems
to be the need of hour.
• Such progressive reforms will not only help to end discrimination against women but also help in strengthening the secular structure and encourage
integrity.
• Already there is IPC in our country which is equally applicable to all without considering the religion, caste and domicile. But there is no uniform law in
our country with regard to divorce and succession and these subjects are controlled by the personal laws. Hence the UCC should be ensured to all
citizens residing in areas where the population of entire geographical area resides.

5. HISTORICAL BACKGROUND
• In 1840, on the basis of Lex Loci Report, Uniform Law was framed for crimes, evidences
and contracts, but some personal laws of the Hindus and Muslims were left out.
• Many social reformers were voicing to make laws to do away with the discrimination
against women done under Sati and other religious customs.
• In the Constituent Assembly, while leaders like Dr B R Ambedkar desired to reform society
and accept Uniform Civil Code, on the other side few Muslim representatives took side
retaining personal laws based on religious enshrines.

6. PROVISION OF UCC IN THE INDIAN CONSTITUTION
• In the Part IV of the Indian Constitution, Art. 44, the provisions of Uniform Civil
Code was added as Directive Principle of State Policy.
• Art. 44 stated that the State shall endeavor to secure for citizens a Uniform Civil
Code throughout the territory of India.
• Since, the UCC has been included in the “Directive Principle of State Policy Part”,
hence it cannot be enforced.

7. CONSTRAINTS IN ADOPTING OF UCC IN INDIA
• Minorities, especially the Muslims believed that the UCC will lead to violation of their personal
laws.
• Therefore, in 1955, only Hindu Laws were compiled and enacted as Hindu Marriage Act, 1955,
the Hindu Succession Act 1956, the Hindu Minority and Guardianship Act 1956 and the Hindu
Adoptions and Maintenance Act 1956.
• In these Acts Buddists, Sikh, Jain and laws related to different religious communities of the
Hindus were included.
• Here women have been given right to divorce and succession and caste has been termed as
irrelevant for marriage. Also Polygamy has been done away with.

8. POSITION OF COURT IN THIS REGARD
• In the Shahabanu Case (1985), the Supreme Court decided that Sec 125 CrPC 1973 is applicable
to all irrespective of religion, caste or community. The directed to provide living expenses for
Shah Banu in this case.
• The then CJI of Supreme Court Y.V Chandrachud said that UCC would ens the dissimilarities in
the Indian Law which would help in establishing National Unity.
• In Sarla Mudgal Case vs Union of India(1995), Supreme Court said that adopting Islam for
marriage is a misuse of personal laws and also directed Government for implementation of Art.
44 of Indian Constitution.

9. Contd..
• In John Vellemettam vs Union of India (2003), the Supreme Court declare that the Sec 118 of
Indian Succession Act, 1925 as unconstitutional. The then CJI Justice Khare observed that “it is
mentioned in article 44 that the state shall strive to provide UCC to all citizens in its entire
territory, but it is a matter of regret that article 44 has not been given affect to. He also opined
that a UCC would help the cause of national integration by removing the contradictions on the
grounds of ideologies”
• The decision to implement the Juvenile Justice (Care and Protection of Children) Act seems to
be a step towards UCC since this Act permits the people of Muslim Community to adopt
Children where Muslims are not permitted or allowed to adopt children under their personal
law. Recently, the Supreme Court again asked the Government to implement the UCC so as to
end gender inequality and wrong traditions prevalent under the personal laws.

10. Effect on us if Uniform Civil Code is
implemented
• If Uniform Civil Code is implemented in the country, then women will be benefited the
most. If women get equal rights, their condition will improve.
• Gender discrimination will end with women getting equal rights in matters related to
marriage, divorce, succession and guardianship.
• With the implementation of the Uniform Civil Code law, there will be a uniform law and
order for all the citizens of the country. This will reduce the risk of discrimination or
inconsistencies in the law.

11. Countries following Uniform Civil Code
• Uniform Civil Code is followed in many countries, they are Pakistan, Bangladesh,
Malaysia, Turkey, Indonesia, Sudan, Egypt, America, Ireland, etc. All these
countries have uniform laws for all religions and there are no separate laws for
any particular religion or community.

12. STATES ALREADY HAVE UCC IN INDIA
• In India GOA is having Goa Civil Code.

13. THANK YOU