DEBATE ON UNIFORM CIVIL CODE - A TOOL TO BRING NATIONAL INTEGRATION AND ERADICATE INJUSTICE FOR THE OVERALL DEVELOPMENT OF NATION. BY - DIWANSHI ROHATGI

 

DEBATE ON UNIFORM CIVIL CODE - A TOOL TO BRING NATIONAL INTEGRATION AND ERADICATE INJUSTICE FOR THE OVERALL DEVELOPMENT OF NATION.

 

AUTHORED BY - DIWANSHI ROHATGI

INSTITUTION: AMITY LAW SCHOOL,

AMITY UNIVERSITY RANCHI, JHARKHAND

DESIGNATION- ASSISTANT PROFESSOR

MOBILE NO-7481972468

EMAIL ID - drohatgi@rnc.amity.edu

 

 

DECLARATION

I hereby declare that the Research Paper work entitled “DEBATE ON UNIFORM CIVIL CODE - A TOOL TO BRING NATIONAL INTEGRATION AND ERADICATE INJUSTICE FOR THE OVERALL DEVELOPMENT OF NATION.” is a record of an original work done by me. This research paper has not performed the basis for the reward of any degree diploma/ associateship/ fellow-ship and similar project if any. This research paper should not have been published nor should be under consideration for publication in any other journal.

 

By: Diwanshi Rohatgi

Assistant Professor

Amity Law School. Amity University Ranchi

 

ABSTRACT

Whether India is ready for a unified set of civil laws after years since the Constitution came into effect has once again been questioned. It has always been believed that the Uniform Civil Code is a powerful tool for realizing and enacting the empowerment of Indian women and elevating their standing in social institutions like marriage and family. This essay first discusses the idea of the Uniform Civil Code and its legal implications before attempting to assess the entire discussion surrounding the UCC, including the justifications for its necessity and the many scepticisms regarding its nature, in order to determine how much the issue of women is addressed. It is of the utmost importance to scrutinize how the judicial and political intelligentsia has been trying to address the subject of gender parity through the discourse UCC and how the non-implementation of Uniform Civil Code in India is undercutting the chances of an overall development of the Indian society.

 

Keywords: Uniform Civil Code, Constitution, Judiciary, Political Intelligentsia

 

INTRODUCTION

The Uniform Civil Code (UCC) refers to a single law that is applicable to all citizens of India in respect of their personal matters such as marriage, divorce, custody, adoption and inheritance. It is a proposal in India that would replace personal laws based on religion with a uniform set of laws that would be applicable to all citizens, irrespective of their religion, caste, or community. The idea of UCC is enshrined in Article 44 of the Indian Constitution, which is a directive principle of State policy.

 

“Article 44 contained in part IV of the Constitution says that the state “shall endeavor to secure for the citizens a uniform civil code throughout the territory of India”.[1]

Proponents of UCC argue that it would ensure gender equality, protect the rights of women, and promote national integration by removing disparities based on religion and therefore this will level the playing field for everyone, ensuring that they all have access to the same opportunities and privileges.

 

Opponents however, argue that it would interfere with the religious freedom of citizens and lead to cultural homogenization. The issue of UCC remains a matter of debate and controversy in India.

Currently, India has different personal laws for different religious communities, such as Hindu, Muslim, Christian, and Parsi, which govern matters such as marriage, divorce, inheritance, and adoption. These laws are based on the religious beliefs and practices of each community and can differ significantly from each other. The implementation of UCC would require significant changes in the existing legal framework of India.

 

The Indian government has periodically attempted to introduce UCC, but it has not been implemented due to political opposition and lack of consensus among various religious communities. The issue of UCC remains a complex and sensitive issue in India, and any attempts to implement it would need to take into account the diverse religious and cultural identities of the population while promoting national unity and equality.

 

RESEARCH METHODOLOGY

The Researcher has followed a doctrinal method of research and thus, collected data from statutes books, online articles, journals, and case laws.

 

RESEARCH HYPOTHESIS

Implementation of Uniform Civil Code would result in eradicating disparity among different religious laws.

                                               

AIMS AND OBJECTIVE

1. To learn about the concept of Uniform Civil Code
2. To find out the argument for and against Uniform Civil Code &
3. To determine why Uniform Civil Code is a necessity?

 

MEANING OF UNIFORM CIVIL CODE

As stated already, Uniform Civil Code is a systematic, uniform collection of laws that would deal with personal laws and the citizen of India irrespective of their caste, religion, gender on the matters concerning marriage, divorce, maintenance, custody, adoption, succession of property, child support and inheritance, and provides an equality between men and women.

 

Uniform Civil Code was originally encapsulated in Article 35 of the Draft Constitution. There was a demand to add a provison in Article 35 which would make the UCC, whenever it would have been enacted, not obligatory in nature and personal laws be kept out of its purview. The proviso read as, “Provided that any group, section or community of people shall not be obliged to give up its own personal law in case it has such a law.”

There was a great deal of opposition to the UCC and the former Article 35 during the Constituent Assembly debates. The main point of concern was the dominance of the majority community. The members had concerns that their separate culture and beliefs would get over ridden by others. [2]

 

It was contended that a secular State did not necessarily mean a uniformly regulated state rather a state where all its subjects can enjoy following their specific faiths and beliefs equally. Secular State, if understood from a layman’s perspective it means a State which has no official religion. Thus, France is a secular state since it has no specific religion governing the matters of the State and law. Secularism has been a gift of the “civilized” western nations where the State was free from any religious influences, and due to our inexplicable biases towards the “civility” of the west, their secularism is some ideal to be achieved. [3]

 

UCC is considered a threat to the religious freedoms envisaged by the Constitution. However, there were many reasons given in favour of a common civil code, it will result in –

“One way of life shall be the way of life for all”

Dr. B.R. Ambedkar, while supporting the need to outline a Uniform Civil Code, communicated the expectation that its application may be intentional. He additionally stated:

“I personally do not understand why religion should be given this vast and expansive jurisdiction so as to cover the whole of life and to prevent the legislature from encroaching upon that field. After all, we are having this liberty in order to reform our social system, which is full of inequities, discriminations and other things which conflict with our fundamental rights.”[4]

UCC has created a hornet’s nest among different religions and has become a topic of debate and discussion for many years, with some supporting its implementation as a step towards greater secularism and gender equality, while others oppose it, citing concerns about cultural and religious practices.

 

Recently, the UCC has been in the news due to the Law Commission of India's report on the UCC, which was submitted to the Indian Government in the year 2018. The report recommended the implementation of the UCC, but the Government has not yet taken any action on it. The issue has also gained political significance, with some political parties supporting the implementation of the UCC, while others opposing it.

It is now been argued that bringing changes in matters of personal laws will not be a simple process there will be many obstacles to overcome, but there will also be relief from the merits, which include:

• The role of the Uniform Civil Code is dual in nature; it serves to protect the weaker members of society while also fostering a sense of national cohesion.
• It will remove the confusion that has been created because of the existence of different personal laws.
• It will stop laws from running into each other.
• Helpful for the judiciary as lead would help in reduction of litigation emanating from multiple personal laws.
• It will break the relationship between law and religion, which is something that a secular and socialist society would really like to do.
• It will help in fulfilling the constitutional mandates under Article 44 of directive principles of state policy.
• It will contribute to the overall emancipation of the female society.

 

REASONS FOR AND AGAINST THE UNIFORM CIVIL CODE

There are several pros and cons of Uniform Civil Code, there are arguments both in favour and against of the Uniform Civil Code in India.

In favour of Uniform Civil Code –

whenever any discussion on UCC is done, the first point that supports the argument is the promotion and maintenance of equality through it. The Uniform Civil Code would ensure that all citizens are treated equally under the law, regardless of their religion or gender. This would help to promote social justice and equality and provide an equal protection of law to all people in the country by supporting Article 14 to 18 of the Indian Constitution.

 

The next supporting argument talks about the simplification of some existing laws, UCC would simplify the legal system by replacing the complex web of personal laws with a single set of laws applicable to all citizens. This would make the legal system more accessible and user-friendly. There also comes the modernization of the country through the enactment of such a law that would bring India's legal system in line with modern, democratic principles and global norms. It would help to eliminate discriminatory practices and promote individual rights. Gender inequality is one of the prevailing issues in India and a uniform civil code in the country would ensure gender equality and promote the rights of women, personal laws based on religion can be discriminatory towards women, and UCC would ensure that everyone is treated equally under the law that would also maintain peace in the society along with the elimination of the feeling of favoritism towards women at many times due to personal laws. UCC is also seen as a way to promote national integration by removing disparities based on religion. It would ensure that all citizens are governed by the same laws, which would strengthen the sense of national identity and unity rather than holding any caste or religion based low or high legal or individual status, the personal laws very often tends to discriminate the justice just on the basis of a religion as something is strictly punishable in a religion and the same thing is merely punishable in another religion so this in itself draws a serious discrimination between people and is many times unjust as living in same place, same country, one would be punished for an act and the other wouldn’t. As we know everything has some merits and demerits and the opponents of UCC also have something.

 

In against of Uniform Civil Code -

The opponents argue about religious freedom, that it would interfere with the religious freedom of citizens. Personal laws based on religion are an important aspect of religious practices and traditions, and UCC could be seen as an attack on these traditions. They are also of the opinion that UCC could lead to cultural homogenization, where the unique cultural and religious identities of various communities are lost in favour of a uniform set of laws. This could lead to resentment and further divisions in society. The lack of consensus among various religious communities is also an issue of UCC, implementing UCC would require significant changes in the existing legal framework, and any changes that are made must be acceptable to all communities. This lack of consensus has hindered the implementation of UCC in the past.

UCC also attacks the cultural sensitivity of India as it is a diverse country with many different religions and cultures. Implementing UCC could be seen as an attempt to impose one culture or religion on everyone, leading to cultural conflicts.

 

Whenever there is any topic related to the word religion, then religious practitioners must have something opposite to say on and many religious groups in India are opposed to the idea of a UCC, as they fear it would erode their religious identity and traditions. This could lead to political and social tensions, and as it is very common to see political interference and making it an agenda in the name of religion in India so yes, this opinion is supported by some political parties and creates issues in enactment and implementation. When we addressed the implementation issue, we must address that implementing UCC would require significant resources and expertise. The legal system would need to be restructured, and new laws would need to be drafted and implemented.  

                                  

LANDMARKS CASES

There is no specific legislation in India that enforces a Uniform Civil Code. However, there have been several landmark cases that have addressed the issue of the Uniform Civil Code.

Here are some of the important cases –

Mohd. Ahmed Khan vs Shah Bano Begum and Ors[5]

The Shah Bano case and the Uniform Civil Code are two separate issues, but they are often discussed together because they both relate to personal laws and their impact on the lives of citizens in India. The Shah Bano case was a landmark case in India that dealt with the issue of maintenance for divorced Muslim women. In 1978, Shah Bano, a Muslim woman, was divorced by her husband, and she filed a petition for maintenance under Section 125 of the Criminal Procedure Code. The Supreme Court of India ruled in her favor, granting her maintenance under the Code of Criminal Procedure, which applies to all citizens regardless of their religion.

However, the ruling was controversial because it was seen as interfering with Muslim personal law, which governs matters such as marriage, divorce, and inheritance for Muslims in India. There was a strong backlash from some Muslim groups, who argued that the ruling was a violation of their religious freedom.

The Uniform Civil Code, on the other hand, is a proposal to replace personal laws based on religion with a single set of laws that would apply to all citizens of India, regardless of their religion. The idea behind the Uniform Civil Code is to create a more secular and equitable legal system that treats all citizens equally, regardless of their religious background.

 

The idea of a Uniform Civil Code has been discussed in India since the time of the drafting of the Constitution, but it has never been implemented. The issue remains controversial, with some groups arguing that it would be a violation of religious freedom and others arguing that it is necessary for the creation of a truly secular and democratic society. The Supreme Court of India in this case held that a Muslim woman is entitled to maintenance under section 125 of the Criminal Procedure Code, which applies to all citizens, irrespective of their religion. The court's decision spurred a national discussion about whether a Uniform Civil Code was necessary.

 

Sarla Mudgal & Others. V. Union of India[6]

The Sarla Mudgal case is another landmark case that is often discussed in relation to the Uniform Civil Code in India. In this case, a public interest petition was filed in the Supreme Court of India in 1995, which highlighted the issue of bigamy and the fact that some Hindu men were converting to Islam to take advantage of the permissive provisions of Muslim personal law that allow polygamy. The petitioners argued that the practice of bigamy was discriminatory and violated the right to equality guaranteed by the Constitution of India. They also argued that it was necessary to have a Uniform Civil Code in order to eliminate such discriminatory practices and ensure that all citizens were treated equally under the law.

 

In its ruling, the Supreme Court of India noted that the Constitution of India provides for a Uniform Civil Code under Article 44, but that the government had not taken any steps to implement it. The Court also held that the practice of bigamy was illegal and that it was the duty of the State to ensure that laws preventing it were enforced.

 

The Sarla Mudgal case, therefore, highlights the need for a Uniform Civil Code in India to eliminate discriminatory practices based on religion and ensure that all citizens are treated equally under the law. It also shows the importance of implementing such a code in order to ensure that the rights guaranteed by the Constitution of India are upheld. In this case, the Supreme Court held that the practice of bigamy by Hindu men, who converted to Islam for the purpose of marrying again, is illegal and should be handled in accordance with the Indian Penal Code. The court also reiterated the need for a Uniform Civil Code.

 

John Vallamattom & Anr vs Union of India[7]

The case is another landmark case in India that has been discussed in relation to the Uniform Civil Code. In this case, John Vallamattom, a Catholic priest, filed a petition in the Supreme Court of India challenging the constitutional validity of Section 118 of the Indian Succession Act, 1925, which applies to Christians in India and governs the inheritance of property. Vallamattom argued that Section 118 violated the fundamental right to equality guaranteed by the Constitution of India by discriminating against Christians and treating them differently from other citizens. He also argued that the law was archaic and did not reflect modern realities.

The Supreme Court of India ruled in Vallamattom's favor, holding that Section 118 of the Indian Succession Act was unconstitutional and violated the right to equality guaranteed by the Constitution of India. The Court noted that there was no rational basis for treating Christians differently from other citizens in matters of inheritance.

 

The John Vallamattom case is often cited as an example of the need for a Uniform Civil Code in India. Critics of personal laws based on religion argue that such laws are often discriminatory and outdated, and that a Uniform Civil Code would ensure that all citizens are treated equally under the law. The case also highlights the need for periodic review and reform of personal laws to ensure that they remain relevant and in line with contemporary values and principles of equality. In this case, the Supreme Court held that Christian personal laws cannot prevail over the Indian Divorce Act, which applies to all Christians in India. The court also emphasized the need for a Uniform Civil Code.

 

Lily Thomas, etc., v. Union of India and Others[8]

The court could not direct the center to present a uniform civil code, but that did not prevent the Supreme Court from affirming the desirability of such a code and this time with regards to the succession.

Shayara Bano v. Union of India[9]

The Shayara Bano case is another landmark case in India that has been discussed in relation to the Uniform Civil Code. In this case, Shayara Bano, a Muslim woman, challenged the constitutionality of certain provisions of Muslim personal law that allowed for instant triple talaq, a form of divorce that allows Muslim men to unilaterally divorce their wives by saying the word "talaq" three times. Bano argued that the practice of instant triple talaq violated her fundamental rights guaranteed by the Constitution of India, including the right to equality, dignity, and freedom of religion. She also argued that the practice was arbitrary and discriminatory, as it did not give Muslim women the same right to divorce as Muslim men. The Supreme Court of India ruled in Bano's favor, holding that the practice of instant triple talaq was unconstitutional and violated the rights of Muslim women. The Court noted that the practice was arbitrary, discriminatory, and did not have any legal sanctity. The Shayara Bano case is often cited as an example of the need for a Uniform Civil Code in India. Critics of personal laws based on religion argue that such laws are often discriminatory and outdated, and that a Uniform Civil Code would ensure that all citizens are treated equally under the law. The case also highlights the need for gender justice and the importance of protecting the rights of women, particularly those from marginalized communities. In this case, the Supreme Court declared the practice of instant Triple Talaq (Talaq e-Biddat) unconstitutional, and held that it violates the fundamental rights of Muslim women. The court also urged the government to consider enacting a Uniform Civil Code. These cases highlight the need for a Uniform Civil Code in India and provide guidance on the legal principles that could guide such a code. However, it is up to the government and the legislature to decide whether to enact a Uniform Civil Code.

 

ABC v. The State (NCT of Delhi)[10]

The Supreme Court lamented the absence of a Uniform Civil Code with regards to the guardianship of Christian child, without going into why a change in the Guardians and Wards Act, 1890 would not suffice. Through this judgment the Supreme Court allowed a single mother of Christian religion the privilege to apply for sole guardianship of her child without the assent of his natural father. It is a sort of inconvenience of Christian unwed mothers, who are not recognized to be the natural guardians of their children by the Guardians and Wards Act, 1890 that represents these matters. The court likewise observed that the Uniform Civil Code imagined in the Constitution’s Directive Principles remains an unaddressed desire.            

      

UNIFORM CIVIL CODE UNDER INDIAN CONSTITUTION

Uniform Civil Code as per the Constitution of India aims to promote gender justice, eliminate discrimination, and ensure equality for all citizens, regardless of their religion or caste. It seeks to replace the personal laws of different religions with a common set of laws governing matters such as marriage, divorce, inheritance, and property rights. It promotes social integration, modernization, peace and harmony, simplification of multiple laws and secularism.

 

The Indian Constitution is based on the principles of secularism, and a uniform civil code is necessary to ensure that the State is not seen as favoring any particular religion or community. It is an important step towards ensuring that all citizens are treated equally under the law, and that personal laws do not discriminate against any particular group or community. The Indian Constitution does not mandate a Uniform Civil Code. However, Article 44 of the Directive Principles of State Policy provides that the state shall endeavor to secure for its citizens a Uniform Civil Code throughout the territory of India. The Directive Principles of State Policy are not enforceable by the courts since they are non-justiciable. The Constitution makers included Article 44 in the Directive Principles of State Policy with the hope that the government would take steps to enact a Uniform Civil Code in the future.

 

The sole objective behind Uniform Civil Code is to promote national integration and social harmony by ensuring that all citizens are treated equally under the law, irrespective of their religion or gender. However, there has been significant debate and opposition to the implementation of a Uniform Civil Code due to concerns about cultural sensitivity and religious freedom. It is up to the government and the legislature to decide whether to enact a Uniform Civil Code.

 

When we can see such long debates, topics, and news about UCC, there must be some need for implementing it in such a vast country like India. The need to promote equality as enshrined in the Indian Constitution which vehemently guarantees the right to equality for all citizens, irrespective of their religion or gender on the other hand, the existence of separate personal laws based on religion creates inequality in certain areas such as marriage, divorce, inheritance, and adoption therefore, Uniform Civil Code would help to eliminate such inequalities and promote equality. Also, ensures complete justice by avoiding conflicting judgments, as the existence of separate personal laws based on religion can sometimes result in conflicting judgments by different courts.

 

A Uniform Civil Code would help to ensure consistency and clarity in legal matters, and prevent injustice. It is also important for social security of women as they often suffer from discriminatory practices under the personal laws of various religions. It would help to ensure that women are treated equally under the law and also help in preventing discrimination based on gender.

 

The personal laws based on religion are often outdated and do not reflect modern democratic principles and global norms. A Uniform Civil Code would help to modernize the legal system and bring it in line with contemporary legal and social standards. These are some of the main reasons why there is a need for a Uniform Civil Code in India. However, the implementation of a Uniform Civil Code is a complex and contentious issue, and requires careful consideration of the concerns and interests of all stakeholders. As we know India is a very vast country and introducing and executing any such policy that is related to people’s religion, beliefs, customs and practices since a long time will not be easy not only because it’s a matter of religion and personal laws but also due to political agendas and suppression that is way too manipulative and selfish for the party or the ministerial classes who are more concerned with their welfare and not for the country’s development as a whole.

 

It is very important that one has to see what is the jurisprudence behind the concept of UCC that is national integration with one nation-one people motto or is it the eradication of the gender-based injustices ingrained in the all-personal laws and then decide - whether to implement or not?

 

 

 

 

IMPLEMENTATION OF UNIFORM CIVIL CODE IN INDIA

The implementation of Uniform Civil Code faces several challenges, including resistance from minority communities. India is a country of diverse religious and cultural groups, and each community has its own personal laws and customs, implementing a Uniform Civil Code would require changes in existing personal laws, which could be seen as an attack on religious and cultural identity, leading to resistance from minority communities.

 

The implementation of a Uniform Civil Code could be opposed by political parties that seek to gain support from particular communities or interest groups. These parties could block the implementation of a UCC, making it difficult to achieve consensus. Consensus among different communities, religious groups, and political parties is essential for the implementation of a UCC. However, achieving consensus could be difficult, as different communities and interest groups may have different opinions and demands. Implementing UCC also requires significant changes to the legal system, which can be a complex and time-consuming process. There could be challenges in developing a common set of laws that are acceptable to all communities and ensuring that they are enforced uniformly across the country. Then, comes Socio-economic factors such as poverty, illiteracy, and lack of awareness could also be a hindrance to the code. The implementation of a Uniform Civil Code involves various socio-political, cultural, and religious factors that need to be considered before arriving at any conclusion. While some argue that a Uniform Civil Code is necessary to promote equality and ensure justice, others argue that it may infringe on the religious and cultural rights of individuals and communities. It is a matter of debate whether a Uniform Civil Code can truly achieve its objective of creating a level playing field for all citizens and ensuring social justice without infringing on the fundamental rights of individuals and religious minorities.

 

Ultimately, any decision on the Uniform Civil Code should be made through a democratic process that takes into account the diverse opinions and perspectives of all stakeholders, including legal experts, religious leaders, and members of civil society, while upholding the principles of the Indian Constitution, though it is an important factor to be taken care about but a very serious and elaborative discussion is required before we reach to any conclusion because it’s not only because of political or legal requirements of the country but also as its affecting beliefs and customs of people and the country would not come with any such laws that effect people beliefs and culture as customs is also a source of law and India being a democratic and secular country wouldn’t compromise with such things but still Uniform Civil Code should come up in the country as it’s not just affecting certain group of people but the whole country irrespective of cast ,religion, culture etc., just like demonetization (changed an ongoing system since years and affected the whole country and not some people or particular class of people), people have to accept changes in order to grow together as a country and in the process of growth people, government, country will have to bear certain pain in order to have a better future for them, there country and even there upcoming generation.

 

IMPLICATIONS OF IMPLEMENTATION OF UNIFORM CIVIL CODE

Women’s rights are definitely connected to personal laws in our multiracial, multilingual society. Under the guise of religion, discrimination against women exists in relation to divorce, child support, inheritance, etc. All personal laws will be abolished if a Uniform Civil Code is adopted, ending the disparity between civil laws and thus, Uniform Civil Code would provide the protection to the most venerable section of society particularly women.   

 

But, Is UCC the solution to India’s myriad societal issues with regard to women’s rights?

To answer this question, the researcher has gone through the various secondary sources and found that the uniform civil code will surely replace the system of fragmented personal laws that currently govern interpersonal relationships within different religious communities and the after-effects of same would be for example: age of marriage should will become common for all as also the divorce should also be considered religion-neutral because it is a part of human rights issues. Divorce grounds vary by personal law, and consistency is required to prevent discrimination. Alimony is also not gender-neutral and it must be unvarying. The Hindu Marriage Act does not correctly define alimony. In both adoption and inheritance, the situation is identical. The most important thing is to base a UCC curriculum on those crucial elements that will lead to gender equality and women’s empowerment.

 

India’s marriage rules do not treat men and women equally. Marriage, divorce, maintenance, adoption and inheritance are fundamental concerns that create personal laws specific to various religious communities. The rules relating to the maintenance of a divorced woman and her children are not strong enough to provide protection.  

 

Not only this, but there are several additional instances of how different personal laws discriminate against women of all religions. Hindu married women had no legal authority to adopt a child on their own, not even with their husband’s consent.

 

In Malti Ray Chowdhury v. Sudhindranath Majumdar[11], the court stated that in the event of marriage, the man must genuinely or legally consent to the adoption, not the wife. In other words, even with the husband’s consent, the women has no right to adopt. According to the law, a divorced Muslim wife is not required to be maintained by her husband after the “Iddat” term. Legally, a divorced woman is solely entitled to her Mehr. These examples of discrimination against women are very blatant. Any passage of the Unified Civil Code should have as its fundamental tenet, if not its main goal, the equality of rights for men and women.

Next the Uniform Civil Code will simplify the complex laws relating to personal matters. There exists so many personal laws, the presence of so many laws create confusion, complexity and inconsistencies in the adjudication of personal matters, at times leading to delayed justice or no justice. The UCC will do away with this conflict of laws.

 

Adhering to the ideal of secularism, a uniform civil code will de-link law from religion which is a very desirable objective to achieve in a secular and socialist pattern of society. Additionally, it complies with constitutional requirements outlined in Article 44 of the Directive Principles of State Policy.

 

Apart from these and as stated above, it will result in promoting gender justice since the rights of women are usually limited under the patriarchal discourse through religious laws. UCC will liberate women from patriarchal domination and provide them with the right to equality and liberty.         

 

 

 

 

CONCLUSION

To conclude, Uniform Civil Code is envisaged to provide for one law for the entire nation, applicable to all regions in their personal matters such as marriage, divorce, inheritance, adoption etc. Most civil cases in India are governed by a uniform body of law, such as the Evidence Act of 1872, the Partnership Act of 1932, the Civil Procedure Code of 1882, and the Indian Contract Act of 1872. As of now, Goa is the only State in India with a uniform Civil Code.

 

That implementation of uniforms civil code will result in protection of vulnerable sections of the society including women and religious minorities, while also promoting nationalistic fervor through unity and it will simplify the complex laws around marriage, adoption, ceremonies, inheritance, succession, adoptions, making them one for all religions is true to some extent.

 

With respect to its implementation process, it is to be done through the democratic process that considers the diverse opinions and perspectives of all stakeholders since we live in a society having democratic leadership i.e., participative leadership wherein multiple people participate in decision making process and lastly it would definitely result in development and growth of our nation by eliminating disparity by unifying all laws so that everyone can sense and enjoy the feeling of being equal in terms of having same rights and duties.

 

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*Diwanshi Rohatgi, Assistant Professor of Law, Amity University Jharkhand, available at drohatgi@rnc.amity.edu.

[1] INDIAN CONSTITUTION, Art. 44.

[2] Constituent Assembly Debates (Proceedings), Volume VII, Tuesday 23rd November, 1948.

[3] Ibid

[4] Ibid

 

[5] Mohd. Ahmed Khan vs Shah Bano Begum and Ors, 1985, S.C.945 (India)

[6] Sarla Mudgal & Others. V. Union of India, 1995, S.C.1531(India)

[7] John Vallamattom & Anr vs Union of India, 2003 Writ Petition (civil) of 242 (India)

[8] Lily Thomas & others v. Union of India & others (2000): 6 SCC 224.

[9] Shayara Bano v. Union of India, 2017, S.C. Writ Petition 118 of 2016 (India)

[10] ABC v. The State (NCT of Delhi) (2015): Online SCC 609

[11] A.I.R. 2007 Cal. 4 : (2007) 1 Cal. L.T. 323 HC