UNIFORM CIVIL
CODE
AND
RIGHT TO
RELIGION
BY:- Anamika Bishnoi
(B.A.LL.B. 3RD YEAR)
WHAT IS UCC?
 Overarching civil law in India
 Same set of secular civil laws
 Supersedes right to be governed by personal laws
 For all religion, caste and tribe
 Covers adoption, marriage, divorce, property
acquisition, & property administration
 Article 44: The Constitution Of India
NEED FOR UCC
 Patriarchal society
 Violence against women
 Personal law- justice denied
 Discrimination in matters of
marriage, divorce, inheritance etc.
 Gender justice
ANALYSIS OF UCC AS
DIRECTIVE PRINCIPLE
SARA MUDGAL VS. UNION OF INDIA
 SC directed to take a fresh look at article 44
 Bigamy
 UCC different from religion
 Polygamy removal
 Countries worldwide follows UCC
NOOR KHATOON VS. MOHAMMAD QUASIM
JOHN VALLAMATTAN VS. UNION OF India
WHY NOT EFFECTED YET?
 Insecurity among minorities
 Communal riots
 Personal laws
 Customs & traditions
 Need
UCC & RIGHT TO RELIGION:
A DEBATE
 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
 Fundamental rights not absolute
 Communities contend religion not just about
faith and belief in god but also includes
ceremonies, rituals, customs etc.
 State justifies by stating it a source of
justice, equity, harmony, unity and integrity
CONCLUSION
 India: a secular country
 Personal law shouldn’t encroach upon
inviolable collective values of nation
 Secular code for criminal law
 Law be divorced from religion
 Disparities between religions will disappear
Uniform civil code

Uniform civil code

  • 1.
    UNIFORM CIVIL CODE AND RIGHT TO RELIGION BY:-Anamika Bishnoi (B.A.LL.B. 3RD YEAR)
  • 2.
    WHAT IS UCC? Overarching civil law in India  Same set of secular civil laws  Supersedes right to be governed by personal laws  For all religion, caste and tribe  Covers adoption, marriage, divorce, property acquisition, & property administration  Article 44: The Constitution Of India
  • 3.
    NEED FOR UCC Patriarchal society  Violence against women  Personal law- justice denied  Discrimination in matters of marriage, divorce, inheritance etc.  Gender justice
  • 4.
    ANALYSIS OF UCCAS DIRECTIVE PRINCIPLE SARA MUDGAL VS. UNION OF INDIA  SC directed to take a fresh look at article 44  Bigamy  UCC different from religion  Polygamy removal  Countries worldwide follows UCC
  • 5.
    NOOR KHATOON VS.MOHAMMAD QUASIM JOHN VALLAMATTAN VS. UNION OF India
  • 6.
    WHY NOT EFFECTEDYET?  Insecurity among minorities  Communal riots  Personal laws  Customs & traditions  Need
  • 7.
    UCC & RIGHTTO RELIGION: A DEBATE  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
  • 8.
     Fundamental rightsnot absolute  Communities contend religion not just about faith and belief in god but also includes ceremonies, rituals, customs etc.  State justifies by stating it a source of justice, equity, harmony, unity and integrity
  • 9.
    CONCLUSION  India: asecular country  Personal law shouldn’t encroach upon inviolable collective values of nation  Secular code for criminal law  Law be divorced from religion  Disparities between religions will disappear