research paper, constitutional rights, gambling,

1. TAMIL NADU NATIONA LAW UNIVERSITY, TIRUCHIRAPALLI
Submitted for the Internal assessment of the course
B.A., LLB (Hons.) – Third Semester
Academic Year 2023-24
SUBJECT: CONSTITUTIONAL LAW
TOPIC: UNIFORM CIVIL CODE AND TRIBAL RIGHTS
SUBMITTED BY: AMALA BAVATHARINI M
B.A., LLB(Hons.) 2nd
Year
Reg. No.: BA0220007
SUBMITTED TO: Mr. Anand Kumar Singh
Assistant Professor of Law
Tamil Nadu National Law University

2. Abstract
The Uniform Civil Code (UCC) aims to bring legal uniformity among religions. It implies
replacing personal laws with a uniform body of regulations regulating all people of India. These
statutes, which encompass marriage, divorce, inheritance, adoption, and maintenance, are firmly
established in public law. The Uniform Civil Code aims to apply the same set of secular civil rules
to govern all people, regardless of faith or locality. It will forego citizens' right to be regulated by
various personal rules based on religion or race. Article 44 of Part IV of the Constitution stipulates,
"the state shall endeavor to enact a Uniform Civil Code for citizens throughout the country."
Article 25 of Part 3 of the Constitution, on the other hand, protects "freedom of conscience and
free profession, practice, and propagation of religion." The constitution, under Article 15
guarantees the freedom to practice one’s religion. This is contradictory to the implementation of
Article 44. The UCC would weaken the safeguards of Article 371A of the Constitution, which
states that no act of Parliament will apply to Nagaland in terms of Nagas' social or religious
practices or interfere with their customary laws. Similar provision, guaranteed under various
sections of Article 371 will also be violated. This paper analyzes the feasibility and implications
of the implementation of a uniform civil code in a country known for it’s diverse customs.
Research questions
1. How does Uniform Civil Code affect other religious codes?
2. How does promoting legal uniformity impact the rights of tribal communities?
3. What are the constitutional challenges of integrating tribal rights and customary laws into
a broader UCC framework?
4. What is the ultimate motive of the implementation of Article 44?
5. Are there any alternatives for Uniform Civil Code?
6. Will UCC justify the “custom as a source of law” aspect?
Research Objective
• To analyze how the implementation of UCC in other countries has affected equality.
• To critically analyze the need for legal uniformity among religious groups.
• To study the effect of imposition of uniformity over customary laws.

3. Tentative Chapters
Introduction
Chapter 1 – Contradictions between customary laws and UCC
Chapter 2 – Feasibility of Implementation of Article 44
Chapter 3 – Alternative Options
Conclusion
Review of Literature
Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse
This book offers suggestions for alternative frameworks and strategies for creating a uniform civil
code for India by using lessons from comparative context. It examines how legal, cultural, and
religious issues interact in light of diverse intra- and intercommunity conflicts. The suggested
design draws inspiration from other countries' experiences and the many ways they have handled
the conflict between enacting a civil code and upholding local community rules and social
practices. The relationship between religion and the state is another area of emphasis in the
blueprint.
Supremacy of Fundamental Rights Over Directive Principles: The Reality of Personal
Laws and the Uniform Civil Code
Essentially, this essay discusses the idea of the Uniform Civil Code (UCC) and its numerous
legal implications, viewpoints, and theories. The relationship between the UCC and secularism
is discussed in the article, as is the fact that the constitution officially mentions secularism in its
Directive Principles of State Policy. The article also discusses the validity of the UCC, as well as
judgements made and positions taken by the Indian judiciary regarding the UCC. The article

4. finishes with a few sets of suggestions that could help ensure national cohesion while putting the
personal laws and UCC into practise.
References
Cuskelly, Katrina. Customs and Constitutions: State Recognition of Customary Law around the
World, 2011.
Journal, IERJ. THE DISSENT BETWEEN UNIFORM CIVIL CODE (UCC) AND CUSTOMARY
LAW: AN OVERVIEW. International Education and Research Journal, 2018
Khan, Abdul Samad and Khan, Sana, Supremacy of Fundamental Rights Over Directive
Principles: The Reality of Personal Laws and the Uniform Civil Code, June 15, 2020.
Roy, Shibani, and Rizvi S H M. Tribal Customary Laws of North-East India. B.R. Pub. Corp.,
1990.
Shetreet, S. et al. Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse.
Oxford University Press, 2015.
Srivastava, Nidhi. CUSTOMARY LAW AND THE PROTECTION OF INDIGENOUS
KNOWLEDGE IN INDIA, 2 Nov. 2004.
The Constitution of India, 1950