The Need of Uniform Civil Code Synopsis

Topic: The Need of Uniform Civil Code
Synopsis
Introduction
India is a country diverse in its culture and has varied personal laws. This diversity often
leads to conflict or a clash due to different treatment meted out to different classes of people
in their personal laws. Since long, attempts are being made to bring about a system of
uniformity in the personal laws. Various statutes have been enacted affecting Hindu law,
e.g., Sati Prevention, Hindu Widow Remarriage Act, 1856, Hindu Women’s Right to
Property Act, 1937, Indian Majority Act, 1875 etc. However, there was very little
interference with Muslim law on the belief that it was not open to change. Except, Caste
Disabilities Removal Act, 1850 and Child Marriage Restraint Act, 1929, other Acts did not
affect the Muslims. The other central statutes concerning Muslims were The Wakf Act,
1984, Muslim Personal Law (Shariat) Application Act, 1937 and Dissolution of Muslim
Marriages Act, 1939. Due to the predominance of multicultural personal laws, there was a
great difficulty seen in the administration of justice for the removal of which the idea of a
uniform civil law was mooted in 1947 in the Constituent Assembly. However, the personal
laws of Hindus, Muslims, Christians, Parsis etc. covering family life-marriage, divorce,
maintenance etc. conferred different rights on men and women and discriminated against
women. The yardstick of equality, if applied directly, would clearly lead to the conclusion in
that:
i. in the same area, the law treats differently different citizens of India depending on the
religion professed;
ii. there is inequality between men and women in the field of personal laws even when they
profess the same religion;
iii. there is inequality between the rights conferred on men under different personal laws;
iv. there is inequality in the rights conferred on women under different personal laws; and
v. there is overall discrimination against women under each of the personal laws, though
this discrimination is not necessarily identical.
2. That is why Article 44 of the Constitution of India in the chapter on “Directive Principles
of State Policy” enjoins a uniform civil law for all. However, the mandate of Article 44
regarding a uniform civil code is viewed as a nightmare by the minorities especially by the
vast majority of Muslims.
Hypothesis
“Desirability and visibility to have a Uniform Civil Code applicable throughout India to
all, irrespective of religion.”
A Uniform Civil Code is a manifestation of equalization of family relation. A Uniform Civil

Code in the context of the Constitution means a uniform legislation. Since long different
personal laws govern Hindus, Muslims, Christians, Jews and Parsis in matters of marriage,
divorce, custody of children, adoption and inheritance. It also not violates any Article of the
Indian Constitution, which is based on the concept that there is not necessary connection
between religion and personal law in civilized society. It presents the background leading to
the inclusion of Article 44 - the provision incorporating the Uniform Civil Code in the
Constitution as a Directive Principles of State Policy. The Hypothesis seeks to test the desire
and visibility to have a Uniform Civil Code applicable throughout India to all, irrespective of
religions.
Objectives of the study
The researcher has, therefore, undertaken this topic for research in view of the importance of
the subject matter. The main problems endeavoured to be dealt with are:
1) What are the problems faced by the policy makers in the enactment of the uniform
civil code?
2) Is there any necessary connection between religion and personal law in a civilized
society having a written Constitution?
3) Is it practical to believe that community will really change and reform within?
RESEARCH METHODOLOGY
4) The research methodology involved in this research is purely doctrinal/ non
empirical. The researcher in this paper will analyse the “Need for Uniform Civil
Code in India”. The researcher will also take into consideration the personal laws of
the various religions in India. The understanding of the paper is based on various
publications as contained in books, journals, newspapers, Constituent Assembly
Debates, websites and statutory provisions dealing with the aspect of applicability
of Uniform Civil Code in India. For the sake of convenience the researcher have
divided the paper into various chapters dealing with a particular aspect.
CONCLUSION
After analysing the aspect of ‘Uniform Civil Code’ we arrive at certain conclusions and
suggestions in this chapter. Article 44 of the Constitution of India provides that the State
shall endeavour to secure for the citizens a uniform civil code throughout the territory of
India. But after the commencement of the Constitution remarkable changes have taken place
in our country and from our long experience many new lessons have been learnt.
It’s no surprise that our Constitution by Articles 25 and 26 guarantees freedom of conscience
and free profession, practice and propagation of religion and freedom to manage religious
affairs. Article 44 also has been very skilfully worded in as much as it does not anywhere say
that all personal laws should be abrogated and that the proposed uniform civil code should be
imposed on all citizens. Dr. Ambedkar had given assurance to the Constituent Assembly that
the code when enacted would not be imposed on all citizens and that the citizens would be
given an option to declare voluntarily if they would be willing to be governed by the code. 1
However, a section of people misinterpreted this Article and urged the government to abolish
the Muslim personal law and to enact a uniform civil code, and this has given fire to the
strong resentments among the majority of the Muslim community causing fresh dangers and
threats to national unity and integrity. These promoters of a uniform civil code are, in fact,
committing offence under sec 153A (1)(a) of the Indian Penal Code, 1860 which says that
”whoever by words…….or otherwise promotes or attempts to promote, on grounds of
1
Constitutional Assembly Debates, Vol. VII, p. 551.
religion, race, place of birth, residence, language, caste or community or any other ground
whatsoever, disharmony or feelings of enmity, hatred, or ill-will between different religious,
racial, language or regional groups or castes or communities shall be punished…….”, since
their attempt is likely to create communal cacophony.
BIBLIOGRAPHY
PRIMARY SOURCES
LEGISLATIONS
1. Code of Civil Procedure, 1908.

2. Code of Criminal Procedure, 1973.
3. Hindu Women’s Right to Property Act, 1937.
4. Indian Majority Act, 1875.
Indian Penal Code, 1860.
SECONDARY SOURCES
BOOKS
1. Agarwal, Krishan Bhagwan, Advisability of Legislating a Uniform Indian Marriage

Code, Mohammad Imam (ed.), Minorities and the Law, (1972).
2. Agrawal, Rajkumari, “Uniform Civil Code: A Formula Not A Solution”.
3. Chakerbarti, A., Nehru, “His Democracy and India”, (1961).
4. Crowell and Macmillan, “International Encyclopedia of Social Science”, Vol. 9,
(1968).
ARTICLES
1. “Bigamy against true Islamic law, Indian Law Commission”, The Times of India, 7th
August 2009.
2. Abrol, Anam, “Towards a Uniform Civil Code in India”, Central Law Quarterly, 3
(1990).
3. Ali, Mohd. Wasim, “Uniform Civil Code and Supreme Court”, Civil and Military
Law Journal, 29 (1994).
OTHER SOURCES
INTERNET
 http://www.legalservicesindia.com/articles/rfs.htm accessed on October 14, 2012.

 http://en.wikipedia.org/The_Muslim_Women_(Protection_of_Rights_on_Divorce)_
Act 1986 accessed on November 5, 2012.
 http://mmascgoa.tripod.com/id12.html accessed on November 5, 2012.
 http://ekawaaz.org/2009/08/07/bigamy-trueiislamic-law-indian-law-
commission/accessed on November 8, 2012.

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Topic: The Need of Uniform Civil Code

profess the same religion;

this discrimination is not necessarily identical.

all, irrespective of religion.”

A Uniform Civil Code is a manifestation of equalization of family relation. A Uniform Civil

Objectives of the study

1. Code of Civil Procedure, 1908.

Indian Penal Code, 1860.

1. Agarwal, Krishan Bhagwan, Advisability of Legislating a Uniform Indian Marriage

 http://www.legalservicesindia.com/articles/rfs.htm accessed on October 14, 2012.

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