Abstract

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Bhavesh Chandra Bhatt

A uniform civil code will mean a set of common personal laws for all citizens. Personal Laws in India were first
framed in India during British Rule. The British feared opposition from community leaders and refrained from further
interfering within this domestic sphere. The demand for a uniform civil code was first put forward by women activists in
the beginning of the twentieth century, with the objective of women's rights, equality and secularism. After independence
heated debates and oppositions, 4 bills relating to personal laws of Hindus (Hindu Marriage Act, Succession Act,
Minority and Guardianship Act and Adoptions and Maintenance Act) could only be passed. The uniform civil code
became a flashpoint in Indian politics in 1985 during the Shah Bano case. The Supreme Court had held that Bano, a
Muslim woman, should get alimony from her former spouse. In the context of that judgment, the court had said uniform
civil code should apply for personal law. The Rajiv Gandhi government had controversially piloted a law in Parliament
to overturn the Supreme Court ruling. Supreme Court has been considering a suo motu PIL on gender discrimination
faced by Muslim women owing to arbitrary divorce and second marriage of their husbands during the currency of
their first marriage. Recently, the Government has asked the law commission to examine the issue implementing
the Uniform Civil Code. This is the first time a government has asked the commission, which has a crucial advisory role
on legal reform, to look into the politically controversial issue of a uniform civil code. As per Article 44 enshrined in the
Constitution, it is a duty of the State to move towards establishing a uniform civil code it means uniform laws for all
engendering equality among all citizens this include LGBTQ community also. The Section 377 of IPC now becomes
unconstitutional which is a major reform towards unification. Inconsistency in personal laws runs contrary to Right to
Equality True spirit of secularism- Uniform Civil code is true spirit of secularism as religion is a personal matter so laws
should be common for all religions. Article 25 empowers state to regulate “secular activity which may be associated
with religious practices”. The establishment of a Uniform Civil code removes animosity due to different treatment of
different sections under different laws. Human right violations and exploitations due to social institution and norms such
as honor killings can be checked effectively. Uniformity of laws will reduce the burden on judiciary in context of
pronouncing judgments on personal laws.

There needs to a massive consensus building campaign. The state authorities and informed members of civil
society must work together to convince communities about need for genuine reform in their personal laws and the
benefits of enforcing a uniform civil code.

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Bhavesh Chandra Bhatt, LL.B 3rd Semester, Vasudev College Of Law, Haldwani