INTRODUCTION

Uniform civil code is the proposal to replace the personal laws based on the
scriptures and customs of each major religious community in India with a
common set governing every citizen. These laws are distinguished from public
law and cover marriage, divorce, inheritance, adoption and maintenance. Article
44 of the Directive Principles in India sets its implementation as duty of the
State. The term civil code is used to cover the entire body of laws governing
rights relating to property and otherwise in personal matters like marriage,
divorce, maintenance, adoption and inheritance. The demand for a uniform civil
code essentially means unifying all these personal laws to have one set of
secular laws dealing with these aspects that will apply to all citizens of India
irrespective of the community they belong to. Though the exact contours of
such a uniform code have not been spelt out, it should presumably incorporate
the most modern and progressive aspects of all existing personal laws while
discarding those which are retrograde.

SYNOPSIS
The spine of controversy revolving around Uniform Civil Code has been
secularism and the freedom of religion enumerated in the Constitution of India.
The preamble of the 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. The Indian Constitution
expressly stands for gender equality. For example, Article 44 of the Constitution
envisages a Uniform Civil Code for all citizens and lays down that, The State
shall endeavor to secure for the citizen a Uniform Civil Code through out the
territory of India.However, even after half a century from the framing of the
Constitution, the ideal of Uniform Civil Code is yet to be achieved. Women,
who make up nearly a half of India, continue to clamour for a gender just code
to enjoy equality and justice irrespective of the community to which they
belong. The Uniform Civil Code is required not only to ensure (a) uniformity of
laws between communities, but also (b) uniformity of laws within communities
ensuring equalities between the rights of men and women. The projrct also will
deal with legislative reforms like the deshmukh bill and the Hindu Women's
right to Property Act of 1937. Hindu Code Bill and addition to the Directive
Principles. It was decided to add the implementation of a uniform civil code in
Article 44 of the Directive principles of the Constitution specifying, "The State
shall endeavour to secure for citizens a uniform civil code throughout the
territory of India. The Article 44 of the Constitution of India requires the state to
secure for the citizens of India a Uniform Civil Code throughout the territory of
India. As has been noticed above, India is a unique blend and merger of codified

personal laws of Hindus, Christians, Parsis and to some extent of laws of

Muslims. However, there exists no uniform family related law in a single
statutory book for all Indians which is universally acceptable to all religious
communities who co-exist in India.
CONFLICT WITH ARTICLES 25 AND 26 OF THE CONSTITUTION.The Preamble of the Indian Constitution resolves to constitute a Secular
Democratic Republic. This means that there is no State religion and that the
state shall not discriminate on the ground of religion. Articles 25 and 26 of the
Constitution of India as enforceable fundamental rights guarantee freedom of
religion and freedom to manage religious affairs. At the same time Article 44
which is not enforceable in a Court of Law states that the state shall endeavor to
secure a uniform civil code in India.

LANDMARK CASES
1) Mohammad Ahmed Khan v. Shah Bano Begum
2) Sarla Mudgal (Smt.), President, Kalyani and others v. Union of India
and others.
3) DANIAL LATIFI V. UNION OF INDIA.
4) Lily Thomas etc. v. Union of India.

CONCLUSION
I think at the present time, the time is ripe for us to try to push it (Uniform Civil
Code) through. To sum up in last, it can be said for citizens belonging to
different religions and denominations, it is imperative that for promotion of
national unity and solidarity a unified code is an absolute necessity on which
there can be no compromise. Different streams of religion have to merge to a
common destination and some unified principles must emerge in the true spirit
of Secularism. India needs a unified code of family laws under an umbrella of
all its constituent religions. Whether it is the endeavor of the State, the mandate
of the court or the Will of the people is an issue which only time will decide.