Dissertation Synopsis

CENTRE FOR LEGAL STUDIES, GITARATTAN
INTERNATIONAL BUSINESS SCHOOL
Dissertation Synopsis on
UNIFORM CIVIL CODE
Submitted in partial fulfillment of the requirements for the award of the

degree of
Bachelor of Arts
And
Bachelor of Law (Integrated)
To
Guru Gobind Singh Indraprastha University, Delhi
Guide: Submitted By:
Ms. Sakshi Gupta Vishwesh kr. Singh
Assistant professor 03719103819
Centre for Legal Studies

GITARATTAN INTERNATIONAL BUSINESS SCHOOL
DELHI-110085
Batch (2019-2024)
INTRODUCTION
General Background
The Uniform Civil Code (UCC) is a concept aimed at creating a common set of
laws governing personal matters for all citizens of a country, irrespective of their
religion or ethnicity. These personal matters typically include marriage, divorce,
inheritance, adoption, and other civil rights and obligations. In many countries,
including India, the idea of a Uniform Civil Code has been a subject of debate and
discussion for decades. The primary objective behind the UCC is to promote
gender equality, secularism, and social justice by ensuring that all citizens are
subject to the same set of laws regardless of their religious beliefs. In India, the
debate around the Uniform Civil Code is deeply intertwined with the country's
complex social, cultural, and religious diversity. India has a pluralistic society with
diverse religious communities, each governed by its own set of personal laws.
Hindu personal laws have been largely codified, while personal laws for Muslims,
Christians, Parsis, and others are primarily based on religious scriptures and
customary practices. Proponents of the Uniform Civil Code argue that it would
promote gender justice, eliminate discriminatory practices against women inherent
in some personal laws, and strengthen the secular fabric of the nation. They believe
that a uniform set of laws would foster national integration and equality before the
law. However, opponents argue that implementing a Uniform Civil Code could
undermine religious freedom and cultural diversity by imposing a single legal
framework on diverse religious communities. They argue that personal laws are
deeply rooted in religious traditions and should be respected as such. The issue of
implementing a Uniform Civil Code in India remains politically sensitive and
contentious. Despite periodic calls for its implementation, successive governments
have been hesitant to take decisive action due to concerns about potential backlash
from religious groups and the complexities involved in drafting and implementing
such a code.
Statement of problems
Different religions having different religious faiths which are based on the basic
practices of the religion causes difficulty in implementing a basic platform of
practices for every religion, by attempting to implement this policy, the parliament
is only duplicating the western model of law, the misconception of minorities that
UCC will destroy their religious practices and they will be complied to follow the
religious practice of majorities, i.e. Muslims, Sikhs, Christians, Buddhists, Jain,
and Zoroastrians, the conflict of freedom of religion with equality before law and
right to equality, the most significant issue is the unawareness of people regarding
the objects of UCC, and the reason for such unawareness is the lack of education,
fake news, irrational religious beliefs, etc.
The research question
1. Can uniform civil code (UCC) come into existence in India, without hurting
the religious sentiments and customs?
2. What is the relationship between uniform civil code (UCC) and gender
equality and what are the changes require in personal laws?
3. What is the relationship of the Uniform Civil Code and the Personal Laws
of the country and how do they effect each other?
Objectives of the study
1. To find out the historical perspectives of personal laws in India.
2. To enquire into the causes of heated debate in the Constituent Assembly
between Muslim and Non-Muslim member over the issue of Uniform Civil
Code.
3. To enquire into the causes of opposition from the minorities especially the
Muslims.
4. To analyse the emerging pattern of the Indian judiciary regarding Uniform
Civil Code and Muslim Personal Law.
5. To evaluate the existing legal position of personal laws in India.
6. To analyse the system of reform in Muslim Personal Law.
7. To critically evaluate the desirability of having a Uniform Civil Code for all
the communities in India.
8. To draw conclusions and put forward suggestions in order to solve this
problem.
Research hypothesis
Enabling gender equality through laws can be achieved through the

implementation of the uniform civil code (UCC). Being called a secular country it
is important to respect the religious customs and teachings of every religion but
isn't necessary to have different personal laws based on religion.
Literature review
1. Legal and Constitutional Perspectives:

Scholars have extensively analyzed the legal and constitutional dimensions of the
UCC, particularly in the context of Article 44 of the Indian Constitution, which
calls for the state to endeavor to secure a UCC. They explore the challenges and
implications of implementing such a code within the existing constitutional
framework, considering the complexities of religious diversity and federalism in
India.
2. Gender Equality and Women's Rights:
One of the central themes in the UCC discourse is its potential to promote gender
equality and women's rights. Researchers highlight how personal laws, governed
by religious customs, often perpetuate discriminatory practices against women,
including unequal inheritance rights, unilateral divorce, and polygamy. They argue
that a UCC could address these inequalities and empower women by ensuring
equal rights and protections under the law.
3. Religious and Cultural Perspectives:
The UCC debate intersects with religious and cultural sensitivities, with scholars
examining the historical evolution of personal laws and their significance within
different religious communities. They explore the resistance to a UCC from
religious groups, citing concerns about cultural preservation, religious autonomy,
and the fear of state interference in religious matters. Understanding these
perspectives is crucial for navigating the complexities of the UCC debate in a
pluralistic society like India.
4. Secularism and National Integration:
A recurring theme in the literature is the role of the UCC in promoting secularism
and national integration. Researchers argue that a common civil code would
strengthen the secular fabric of the nation by transcending religious divisions and
fostering a sense of unity among citizens. They emphasize the need to balance
religious freedoms with the imperative of a common legal framework to ensure
equality and justice for all.
5. Comparative Studies:
Comparative analyses with other countries offer valuable insights into the
challenges and possibilities of implementing a UCC. Scholars examine the
experiences of secular states like France and Turkey, as well as diverse societies
like Tunisia, which have grappled with similar issues of religious plurality and
legal uniformity. These comparative studies shed light on different models of legal
reform and their implications for India's UCC debate.
6. Political and Sociological Perspectives:
The UCC discourse is deeply intertwined with political and sociological dynamics,
including the role of political parties, civil society organizations, and religious
institutions. Researchers analyze the ideological contestations, power struggles,
and public opinion surrounding the UCC debate, highlighting the complex
interplay of interests and ideologies shaping the discourse. Understanding these
dynamics is essential for navigating the political terrain and advancing meaningful
reforms.
7. Implementation Challenges and Policy Recommendations:
Despite widespread support for the principles of equality and secularism, the
practical challenges of implementing a UCC remain formidable. Scholars identify
legal complexities, administrative hurdles, and resistance from vested interests as
key obstacles to reform. They propose policy recommendations and legal reforms
aimed at overcoming these challenges, emphasizing the importance of political
will, public education, and stakeholder engagement in the process of UCC
implementation.
Research methodology
In the processing of this work the doctrinal method of research was adopted. The
work does not involve any field study as lot of relevant material is available in the
printed form. For the purpose of this study extensive survey of textual materials,
articles, newspapers and writeups formed the basis of preliminary study which was
then expanded to cover a deeper survey of the literature. Ancient texts, Constituent
Assembly Debates, Parliamentary Debates, Legislative Assembly Debates,
relevant statutes and landmark decisions have been scanned and analysed in a
systematic manner. The present work is thus based on the above referred material
and is an original contribution to the problem studied.
Tentative Chapterization
1. Chapter one of this study deals with the introduction part of Uniform Civil
Code.
2. Chapter two of this study deals with the historical background of Uniform
Civil Code.
3. Chapter three deals with the relationship between Uniform Civil Code And
The Personal Laws.
4. Chapter four talks about Secularism And The Uniform Civil Code
5. Chapter five talks about Uniform Civil Code and the Gender Justice.
6. Chapter six deals with the judicial pronouncements.

7. Chapter seven talks about the conclusions and the suggestions.
Historical background
The British government’s 1835 report on colonial India, which emphasized the
need for uniformity in the codification of Indian law with regard to crimes,
evidence, and contracts and specifically suggested that personal laws of Hindus
and Muslims be kept outside of such codification, is where the Uniform Civil Code
(UCC) first emerged. The government was forced to create the B N Rau
Committee in 1941 to codify Hindu law due to an increase in legislation addressing
personal concerns at the end of British rule. Examining the issue of whether
common Hindu laws are necessary was the Hindu Law Committee’s responsibility.
According to the committee’s recommendation, which was based on the scriptures,
women would have equal rights under a codified version of Hindu law. The 1937
Act was reviewed, and the committee suggested establishing a civil code for Hindu
marriage and succession.
Relationship between Uniform Civil Code And The Personal Laws.
Under this part of the paper, we will be focussing more on the relationship between
the personal laws and the Uniform Civil Code and how the personal laws will be
affected by the Uniform Civil Code. In this part of the paper we will also be
discussing about the various provisions in the personal laws that pose a serious
threat against equality and are discriminatory in nature and that they give us a
string reason for us to have a Uniform Civil Code. When we conduct a study of the
personal laws, we come to know that the women have always been considered
inferior to the position of men and that India is a patriarchal society since the
ancient times. The women are considered inferior in most of the personal matters
as compared to men, especially when it comes to the discussion of the topic of the
matrimony or the succession, adoption or even the inheritance. There have been
various instances which petrify my opinion.
Secularism And The Uniform Civil Code
The Preamble of the Indian Constitution states that India is a Secular,

Democratic, Republic. This means that there is no State religion. A secular state
shall not discriminate against anyone on the ground of religion. A religion is
only concerned with relation of man with God. It means that religion should not
be interfering with the mundane life of an individual. The process of
secularisation is intimately connected with the goal of uniform Civil Code like a
cause and effect. In the case of S.R. Bomai v. Union of India, as per the Justice
Jeevan Reddy, it was held that religion is the matter of individual faith and
cannot be mixed with secular activities and can be regulated by the State by
enacting a law. In India, there exists a concept of positive secularism as
distinguished from the doctrine of secularism accepted by the United States and
the European States i.e. there is a wall of separation between the religion and
the state. In India, positive secularism separates spiritualism with individual
fath. the reason is that America and the European States went through the stages
of renaissance, reformation and enlightenment and thus they can enact a law
stating that State shall not interfere with the religion. On the contrary, India has
not undergone any kind of renaissance or reformation and thus the
responsibility lies on the state to interfere in the matters of religion so as to
remove the impediments in the governance of the state.
Uniform Civil Code and the Gender Justice

As we have already discussed how the personal laws violate the rights of the
women and do not consider them as equal to men and consider them secondary,
we wish to convey that the Indian society is trapped in the vicious circle of the
patriarchy dogma that they are not even able to see and respect the human rights
of the women. There is a lot off controversy regarding the gender justice and
the uniform civil code in being. There is a lot to consider before opting for a
uniform civil code, we need to think whether or whether not to bring in the
concept and a common civil law to everyone in the country, with so much of
diversity and the legal pluralism existing in the country. Women empowerment
has always been the talk of the town since decades now and not much has been
done when the question of the personal laws and the women arises. women
empowerment in the core areas like the social status, gender bias, health,
security and the main core empowerment are of exigent needs. The Indian state
has infact encouraged codifying the tribal communities laws but there are
problems with it, that they are ever evolving and keep on changing from time to
time.
Judicial pronouncements
Shah Bano V. Mohammad Ahmed Khan, Air 1985 Sc 945:

This case was regarding the maintenance of Muslim women after divorce.
Shah Bano married Ahmed Khan (lawyer) in the year 1932. She had 5 kids
with her marriage. After the second marriage of Mr Ahmed Khan, Shah
Bano started living separately without getting divorced. She used to get
maintenance of 200 rupees till 1978. When the amount of maintenance was
revoked, she filed a suit against her husband. The Supreme Court of India
awarded her the maintenance of 179.2 rupees per month. This judgment was
criticized by a conservative group of Muslims as they consider it an
interference with their laws. As a result, the Muslim Women (Protection of
Rights on Divorce) Act, 1986 was passed which nullified the judgment of
the Supreme Court. This case sparked the debate on the need for a Uniform
Civil Code in India.
Shayara Bano V. Union Of India (2017):
This case sets one of the landmark precedents that declared Triple talaq or
Talaq-e-bidet void. The lady Shayra Bano lives in Uttarakhand. She married
Rizvan Ahmed in Ilhabad. He sends him triple talaq through Speed Post in
the year 2015. The Supreme Court passed the judgment with a ratio of 3:2 in
favour of Shayra Bano and criminalized talaq-e-bidet. Many other cases and
PILs sparked the debate for a Uniform Civil Code by taking the support of
Article 44 of the Indian Constitution.
Conclusions and the suggestions
While the implementation of a Uniform Civil Code in India remains a topic of

debate and discussion, it is essential to recognize the numerous advantages it
can bring. A UCC would establish equality before the law, promote gender
justice, streamline legal processes, and foster national unity. By moving
towards a uniform set of laws that apply to all citizens, India can take
significant strides towards a more equitable and inclusive society.
It is crucial to ensure that any such implementation is carried out with

sensitivity, taking into account the diverse cultural and religious practices that
make India unique. Ultimately, a well-crafted and carefully implemented
Uniform Civil Code has the potential to strengthen the foundations of Indian
democracy and promote a just and unified society.

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CENTRE FOR LEGAL STUDIES, GITARATTAN

INTERNATIONAL BUSINESS SCHOOL

UNIFORM CIVIL CODE

Submitted in partial fulfillment of the requirements for the award of the

Guru Gobind Singh Indraprastha University, Delhi

Guide: Submitted By:

Ms. Sakshi Gupta Vishwesh kr. Singh

Assistant professor 03719103819

Centre for Legal Studies

Enabling gender equality through laws can be achieved through the

1. Legal and Constitutional Perspectives:

6. Chapter six deals with the judicial pronouncements.

Relationship between Uniform Civil Code And The Personal Laws.

Secularism And The Uniform Civil Code

The Preamble of the Indian Constitution states that India is a Secular,

Uniform Civil Code and the Gender Justice

Shah Bano V. Mohammad Ahmed Khan, Air 1985 Sc 945:

Conclusions and the suggestions

While the implementation of a Uniform Civil Code in India remains a topic of

It is crucial to ensure that any such implementation is carried out with

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