The long journey of gender justice in marital relationship

Contemporary India is a multicultural society that is pluralistic concerning religious law. As

there are numerous religions so there are a huge number of personal laws as well which oversees
the general population of various religions Gender bias is the tendency to prefer one gender over
another.  It is a form of inanimate bias which occurs when one individual unconsciously
attributes certain attitudes and stereotypes to another person or group of people. These ascribed
behaviors affect how the individual understands and engages with others. 
In today's society, gender bias is often used to refer to the preferential treatment men receive —
specifically white, heterosexual males. It's often labeled as "sexism" and describes the prejudice
against women solely based on their sex. Gender bias is most prominently visible within
professional settings.

The men have fewer rights than the men under the religious personal laws so thus can men have
some laws are for a specific gender. The religious personal laws bring forth numerous taboos; for
example man centric society, men cannot be raped, adoption of children, etc

We can see that very clear that in today's scenario men are being a victim because of the women

who misuse the laws. Indian society is frequently pulled for the Ahead of his time for the

shabby treatment of women but never gave a thought about women harassing a man?

Recently men’s rights activists scored a significant victory in India when the Supreme Court

essentially identified them as the victims in domestic violence cases. The judges weren’t making

the law gender-neutral, however. They stated that Indian women were filing inaccurate claims of

domestic violence. “Most of such complaints are filed in the heat of the moment over trivial

issues”. It went on to state that women were not visualizing the “implications and consequences”

of registering a criminal complaint against their abusive husbands. “Uncalled for arrest may ruin

the chances of settlement” and because of this sometimes the victims are turned up to be a culprit

in this country. The only way to stop false cases is to work towards rigorous prosecution of all

false cases and false pieces of evidence, including the wrong investigation by police.

. It is time to recognize their problem as a social and public health issue and develop appropriate

strategies and interventions. They are no longer stronger than women.

Hindu Adoption and Maintenance Act of 1956
The Hindu Adoptions and Maintenance Act was enacted in India in 1956 as part of the Hindu
Code Bills. The Adoptions and Maintenance Act of 1956 dealt specifically with the legal process
of adopting children by a Hindu adult, as well as the legal obligations of a Hindu to provide
"maintenance" to various family members including, but not limited to, their wife or wives,
parents, and in-laws.

A boy is entitled to maintenance only till he turns 18, whereas a girl is entitled to maintenance
till she gets married or decides to provide for herself.

Section 497 of IPC – ADULTERY

Adultery is a criminal offense under the Indian Penal Code in India.

According to Section 497 of the Indian Penal Code, if the husband commits adultery with the
wife of another man, he can be prosecuted for the same. But if a woman commits adultery with
the husband of another woman, she cannot be prosecuted.

1954 - Special Marriage Act

The Special Marriage Act, 1954 is an Act of the Parliament of India enacted to provide a special
form of marriage for the people of India and all Indian nationals in foreign countries, irrespective
of the religion or faith followed by either party.[1] The Act originated from a piece of legislation
proposed during the late 19th century.

Under the Hindu Marriage Act, both the man and woman can claim permanent alimony and
maintenance, but under Section 37 of the Special Marriage Act of 1954, it isn't so.

Dowry Law - Section 498 A of IPC

Passed by the Indian Parliament in 1983, Indian Penal Code 498A, is a criminal law (not a civil
law) which is defined as follows, "Whoever, being the husband or the relative of the husband of
a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which
may extend to three years and shall also be liable to fine. The offense is Cognizable, non-
compoundable, and non-bailable.

t is handled under Criminal law for marriage-related matters and not under Civil Laws. The non-
bailable warrant does not require proof before arrest. No investigation is necessary. This exposes
the vulnerability of the accused taking away their basic human rights. Even those who were not
part of the 'day-to-day' family life could be named and arrested on one complaint, which can also
include pregnant women and children.

Section 304B of the Indian Penal Code

Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than
under normal circumstances within seven years of her marriage and it is shown that soon before
her death she was subjected to cruelty or harassment by her husband or any relative of her
husband for, or in connection with, any demand for dowry, such death shall be called “dowry
death”, and such husband or relative shall be deemed to have caused her death. Whoever
commits dowry death shall be punished with imprisonment for a term which shall not be less
than seven years but which may extend to imprisonment for life.

Rape & Sexual Harassment Laws

There are several laws regarding rape in India, taking into consideration its prevalence in our
country. However, most of these rape laws seem way too biased towards women where men
stand at a terrible disadvantage. A few of these are:

1. Men can face 3 years of jail and a fine for sexual harassment whereas there is no such
provision for women who sexually harass men.

2. If a man under 16 years of age has consensual sex if a girl of 16, it will be considered rape
according to the Sixth situation listed in Section 375 of IPC.

3. If a man indulges in intercourse with a woman on the pretext of marriage and later on does not
marry, he is liable for rape – says the Fourth Point of Section 375 of IPC.

Conclusions

Respect both for human rights and respect for equality between women and men are founding
values for the Union. It is important to promote common values such as respect for human rights
and equality between women and men as well as a common understanding that human rights are
universal and apply to all, irrespective of, inter alia, sex. There should be laws protecting both
gender equality.

. Right to maintenance to women in a liv-in relationship

Liv-in Relationship Liv-in relation i.e. cohabitation is an arrangement whereby two people
decide to liv together on a long-term or permanent basis in an emotionally and/or sexually
intimate relationship. The term is most frequently applied to couples who are not married.
Legal Position. The Indian PerspectiveThe concept of liv-in-relationship is not new in India
and has been recognized and accepted in certain parts of Gujarat way back in 1993.
According to reports "MaitriKarar" (Friendship Agreement) was entered into between a
married Hindu man and his "other woman" to give a sense of security to the said woman and
were also found to be registered with the District Collectorate. The Supreme Court set up the
Justice Malimath Committee, which in its report submitted in 2003 observed that "if a man
 and a woman are living together as husband and wife for a reasonable long period, the man
shall be deemed to have married the woman." The Malimath Committee had also suggested
that the word 'wife' under Cr.P.C. be amended to include a 'woman living with the man like
his wife’ so that even a woman having a liv-in relationship with a man would also be entitled
to alimony.. The Indian Perspective The Protection of Women from Domestic Violence Act.
2005 is a Legislation enacted for the protection of women from domestic violence and
includes Iive-in relationships in the ambit of the domestic relationship as defined in Section
2(f) which reads as follows: "domestic relationship" means a relationship between two
persons who liv or have, at any point of time, liv together in a shared household, when they
are related by consanguinity, marriage, or through a relationship like marriage, adoption or
are family members living together as a joint family; The Maharashtra Government in
October 2008 approved a proposal suggesting that a woman involved in a liv-in relationship
for a 'reasonable period', should get the status of a wife. Whether a period is a 'reasonable
period' or not is determined by the facts and circumstances of each case.
The Indian Perspective The National Commission for Women recommended the Ministry of
Women and Child Development on 30th June. 2008 that the definition of 'wife' as described in
section 125 of Cr.P.C. must include women involved in a liv-in relationship. The
recommendation aimed to harmonize the provisions of law dealing with the protection of women
from domestic violence and also to put a liv-in couple's relationship at par with that of a legally
married couple.In AbhijitBhikasethAutivs.State Of Maharashtra and Others, 2009 CriU 889 on
16.09.2008, the Bombay High Court observed that it is not necessary for the woman to strictly
establish the marriage to claim maintenance under sec. 125 of Cr.P.C. A woman living in a
relationship may also claim maintenance under Sec. 125 Cr.P.C. In Tulsa & Ors. vs. Durghatiya
& Ors.. AIR 2008 SC 1193, the Supreme Court observed that a man and woman who are
involved in liv in relationship for a long period, will be treated as a married couple and their
child would be called legitimate. The Indian Perspective<br />S. Khushboo vs. Kanniammal and
Anr., (2010) 5 SCC 600, the Supreme Court opined that a man and a woman living together
without marriage cannot be construed as an offense. The Supreme Court said that there was no
law prohibiting liv-in relationships or pre-marital sex. "Living together is a right to liv" the
Supreme Court said, apparently referring to Article 21 of the Constitution of India which
guarantees right to life and personal liberty as a fundamental right.<The Supreme Court in the
case of BharathaMatha & Anr. vs. R. VijayaRenganathan & Ors. held on 17.05.2010 that a child
born out of a liv-in relationship is not entitled to claim inheritance in Hindu ancestral
coparcenary property (in the undivided joint Hindu family) and can only claim a share in the
parents’ self-acquired property.The Indian Perspective Conclusion Indian Law recognizes Liv -
in relationship as a part of the constitutionally guaranteed fundamental right to life and personal
liberty. Liv - in relationship is treated at par with matrimonial relationship subject to certain
tests / conditions. Legal Positionon Relationship OUTSIDE INDIAThe Global Perspectiv The
Global PerspectiveFamily Law (Scotland) Act. 2006. for the first time identified, and in the
process by default, legalised liv-in relationships of over 150000 cohabiting couples in the
country. Section 25(2) of the Act states that a court of law can consider a person as a co-habitant
of another by checking on three factors; the length of the period during which they livd together,
the nature of the relationship during that period and the nature and extent of any financial
arrangements. The Global PerspectiveLiv-in relationships in France are governed by the Civil
Solidarity Pact of ‘pacte civil de solidarite’ or PaCS, passed by the French National Assembly in
October 1999. Cohabitation is defined as a "de facto stable and continuous relationship" between
two persons of different sexes or of the same sex living.

Apart from maintenance under personal laws, Section 125 of the Code of Criminal Procedure,
1973 also provides for maintenance inter alia a wife is unable to maintain herself. Women can
seek for additional maintenance apart from the maintenance received by her under any other law
as per Section 20(1)(d) of the Protection of Women from Domestic Violence Act (DV Act),
2005.

Liv-in relationship in simple terms can be explained as a relationship in the nature of marriage

where both partners enjoy individual freedom and liv in a shared household without being
married to each other. It involves continuous cohabitation between the parties without any
responsibilities or obligations towards one another. There is no law tying them together and
consequently either of the partners can walk out of the relationship, as and when, they will to do
so.

There is no legal definition of liv in relationship and therefore the legal status of such type of
relationships is also unsubstantiated. The Indian law does not provide any rights or obligations
on the parties in liv relationship. The status of the children born during such relationship is also
unclear and therefore, the court has provided clarification to the concept of liv in relationships
through various judgments. The court has liberally professed that any man and women
cohabiting for a long term will be presumed as legally married under the law unless proved
contrary.

The right to maintenance in liv in relationship is decided by Domestic Violence Act, 2005 and
the individual facts of the case.

Though the common man is still hesitant in accepting this kind of relationship, the Protection of
Women from Domestic Violence Act 2005, provides for the protection and maintenance thereby
granting the right of alimony to an aggrieved liv-in partner. 

Landmark Supreme Court judgments on the concept of liv in relationship:

Badri Prasad vs. Dy. Director of Consolidation, 1978 

This was the first case in which the Supreme Court of India recognized liv in relationship and
interpreted it as a valid marriage. In this case, the Court gave legal validity to a 50 year liv in
relationship of a couple. It was held by Justice Krishna Iyer that a strong presumption arises
in favour of wedlock where the partners have livd together for a long term as husband and
wife. Although the presumption is rebuttable, a heavy burden lies on him who seeks to
deprive the relationship of its legal origin. Law leans in favour of legitimacy and frowns
upon bastardy.

Tulsa & Ors vs. Durghatiya & Ors, 2008 

Case on the legitimacy of children of such relationships was held that one of the crucial pre-
conditions for a child born from liv-in relationship to not be treated as illegitimate are that the
parents must have livd under one roof. cohabited for a significantly long time for the society
to recognise them as husband and wife and it should not be a “walk-in and walk-out”
relationship.[

D.Velusamy vs. D.Patchaiammal, 2010

The judgment determined certain pre-requisites for a liv in relationship to be considered

valid. It provides that The couple must hold themselves out to society as being akin to
spouses and must be of legal age to marry or qualified to enter into a legal marriage,
including being unmarried. It was stated that the couple must have voluntarily cohabited and
held themselves out to the world as being akin to spouses for a significant period of time. The
court held that not all relationships will amount to a relationship in the nature of marriage and
get the benefit of the Domestic Violence Act. It further clarified that, if a man keeps women
as a servant and maintains her financially and uses mainly for sexual purposes, such
relationship would not be considered as marriage in the court of law. Therefore to get such
benefit the conditions mentioned by the Court must be satisfied, and has to be proved by
evidence.

S. Khushboo vs. Kanniammal & Anr, 2010

The Supreme Court in this case dropped all the charges against the petitioner who was a
south Indian actress. The petitioner was charger under Section 499 of the IPC and it was also
claimed that the petitioner endorsed pre-marital sex and liv in relationships.

Media misprinted the report that couples who go for liv-in relationships are more likely to
divorce each other. But that is not true. Reports have been shown that the couples who go for
liv-in relationships are more opposite to divorce then the ones who marry without living with
each other because of their social or religious concerns. It’s quite rational also because most
of couples go for liv-in re Though the concept of liv-in relationship is considered immoral by
the society, but is definitely not illegal in the eyes of the law. The Supreme Court states that
living together is a right to life and therefore it cannot be held illegal. The court has also tried
to improve the conditions of the women and children borne out of liv in relationships by
defining their status under the Domestic Violence Act, 2005 if the relationship is proved to
be “relationship in the nature of marriage”. In a recent case of May 5 th, 2015, the Supreme
Court bench of Justices Vikramajit Sen and A M Sapre, dismissed a petition by the
petitioner ‘Z’ who worked in the Bollywood and contended that the respondent could not
claim the status of a wife to be legally entitled to get maintenance under the Hindu Marriage
 Act, 1955. The Court held that cohabitation of a couple would give rise to the presumption of
a valid marriage and if a liv in relationship breaks down, the man is bound to pay
maintenance to the women because they hate to be divorced, so why they will do the same
after marriage.

Comparatives Analysis of Domestic and International Matrimonial Laws

Marriages are considered to be a universal social institution and an integral part of mankind.
With the advent of civilization, it has been observed that the state has regulated all aspects of
human livs and marriage is no exception. In India, there is no single legal framework governing
the institution of marriage, specifically with the intent of upholding the tenets of religious
freedom and safeguarding the fundamental practices of various faiths and beliefs that constitute
the country. The legitimating of the nuptial bond of two people happens only after attaining
sanction from the existing laws prevailing in the country, which in general parlance are referred
to as matrimonial or marriage laws. A unique feature of the existing matrimonial law in India is
its vibrancy and diversity in consonance with the country’s heterogeneous population. 
All religions accord inviolable sanctity to it and mandate that the followers honor matrimonial
obligations to the last word. The law recognizes and endorses this socially sanctioned union
between a man and a woman. Despite the immense diversity of religious faiths, customs and
cultures in India, there has been a peaceful coexistence with occasional pulls and push here and
there. Marriage being a union sanctioned by all religions is also an area where traditions and
practices have a long standing. The law recognizes the diversity here too. That explains the
existence of a number of statutes pertaining to the tying and untying of the proverbial knot.

Matrimonial laws in India

The Hindu Marriage Act, 1955 came into force on May 18, 1955. It has amended and codified
the law relating to marriage among Hindus. It thus codified the various aspects of the Hindu
marriages and the legal issues arising out therein. The essential conditions of a valid Hindu
Marriage are stated in Sections 5 of the Act and the violation thereof is made punishable under
Sections 17 and 18 of the Act.

DISPUTES AND PROCEEDINGS UNDER THE HINDU MARRIAGE ACT, 1955

(1) Restitution of Conjugal Rights

(2) Nullity of Marriage
(3) Judicial Separation
(4) Divorce
(5) Maintenance pendent lite and expenses for proceedings
(6) Permanent alimony and maintenance

Muslim marriage laws

There is no codified law for governing Muslim marriages in India: The main difference that lies

between Hindu and Islamic perception about marriages is that the former believes the institution

to be a sacrament while the latter believes that it a civil contract (nikahnama) between a Muslim

man and woman. 

Sikh marriage laws

While Sikhs are counted as ‘Hindus’ constitutionally, there was always a demand raising from
within many voices of the community for separate marriage legislation exclusive for Sikhs.
These demands were also a consequence of the harassment that many Sikh couples faced abroad
over their marriage certificate under the ‘Hindu’ Marriage Act, 1955. 

In Birendra Kaur v. Union of India, the appellant filed public interest litigation in the Punjab and
Haryana High Court asking for a change of name from ‘Hindu’ to some secular name of the four
Hindu codes, including the Hindu Marriage Act, as it also included members from three other
communities. 
The Special Marriage Act: a secular matrimonial law

Unlike its communal counterparts discussed above, applies to Hindus, Muslims, Sikhs,

Christians, Jains, Buddhists, and Parsis. In fact, this Act is a regulatory law governing both inter-

caste and inter-religious marriages in India. The Special Marriage Act (hereafter, the Act)

incorporates provisions for both the solemnization as well as registration of marriage between

two consenting adults.

Matrimonial Rights for LGBTQIA+ in India: Need of the hour

In Navtej Singh Johar v. Union of India, members of the LGBTQIA+ community also referred to
as the community of sexual minorities in India, were given the rights to enjoy same-sex or non-
heterosexual relationships by the decriminalization of section 377 of the Indian Penal Code,
which criminalized consensual non-penal-vaginal intercourse between consenting adults,
deeming them as ‘unnatural’. This also made it illegal for the LGBTQ+ community to engage in
carnal intercourse. The Court held that laws that interfered with something as natural and innate
as the sexual orientation of any person are volatile of the fundamental and constitutional rights of
that individual.

Laws in Bangladesh

The legal age of marriage is 18 for women and 21 for men, but underage marriage was a serious
problem. The draft Child Marriage Restraint Act, which was the subject of intense national
debate, increases penalties for those arranging underage marriages but may also create a
parental-consent exemption, which could allow legal marriage by girls as young as 16. Reliable
statistics concerning underage marriage were difficult to identify, because marriage and birth
registrations were sporadic. The UN’s State of the World’s Children 2013 report stated that
between 2002 and 2011, 32 percent of women between the ages of 20 and 24 in Bangladesh were
married by age 15 and 66 percent were married by age 18. In an effort to reduce child marriages,
the government offered stipends for girls’ school expenses beyond the compulsory fifth-grade
level. The government and NGOs conducted workshops and public events to teach parents the
importance of their daughters waiting until age 18 before marrying.

Laws in France

The minimum legal age for marriage is 18. Child marriage was a problem, particularly in
communities of African or Asian descent. According to human rights observers, 70,000 children
between the ages of 10 and 18 were at risk of forced marriage. Although most forced marriage
ceremonies occurred outside the country, authorities took steps to address the problem. The law
provides for the prosecution of forced marriage cases, even when the marriage occurred abroad.
Penalties for violations are up to three years’ imprisonment and a 45,000 euro ($49,500) fine.
Women and girls could seek refuge at shelters if their parents or guardians threatened them with
forced marriage. The government offered educational programs to inform young women of their
rights.

Laws in Iraq

By law the minimum age of marriage is 15 with parental permission and 18 without. The
government made few efforts to enforce the law. Traditional forced marriages of girls as young
as age 11 continued, particularly in rural areas. According to UNICEF, 6 percent of girls were
married by 15, and 24 percent were married by 18. Girls between the ages of 11 and 18 told
UNICEF that early marriage was the primary obstacle to completing their education. Early and
forced marriages, as well as abusive temporary marriages, were more prevalent in
Da’eshcontrolled areas. In February HRW interviewed 20 Yezidi women and girls who escaped
from Da’esh captivity; nearly all said that they had been forced into marriage, sold (in some
cases a number of times), or given as gifts. Local and international NGOs reported that forced
divorce--the practice of husbands or their families threatening to divorce wives they married
when the girls were very young (ages 12 to 16) to pressure the girl’s family to provide additional
money to the girl’s husband and his family--also occurred, particularly in the south. Victims of
forced divorce were compelled to leave their husbands and their husbands’ families, and social
customs regarding family honor often prevented victims from returning to their families, leaving
some adolescent girls abandoned.

Laws in Sri Lanka

The minimum legal age for marriage is 18 for both men and women, although girls may marry at
age 16 with parental consent. According to the 2006-07 Demographic Health Survey, 11 percent
of women between the ages 20 and 24 reported being married or in a union before age 18. The
Ministry of Women and Children’s Affairs conducted programs in many districts to educate the
public at the village level on the complications that may result from early marriage. In a 2013
study, Emerging Concerns and Case Studies on Child Marriage in Sri Lanka, the UN Children’s
Fund documented a growing list of human rights concerns, especially for young girls, resulting
from early marriage trends, particularly in poorer, war-affected communities

Laws in Switzerland

The legal age of marriage is 18 years for both boys and girls, but with parental consent and
approval from the minister of justice, girls may marry at 16. The government recognizes two
types of marriage, civil marriage and marriage under traditional law and custom. Under
traditional law marriages are permitted for girls as young as 13. Although the deputy prime
minister spoke out against this practice, civil law was generally not enforced to prevent it.
According to the Children’s Protection and Welfare Act, however, “A child has the right to
refuse to be compelled to undergo or uphold any custom or practices that are likely to negatively
affect the child’s life, health, welfare, dignity or physical, emotional, psychological, mental, and
intellectual development.”

Laws in Thailand

The minimum legal age for marriage for both sexes is 17 years; however, anyone younger than
20 years requires parental consent. A court may grant permission to marry for those ages 15 to
16 years. Awareness programs by Islamic committees and government agencies sought to
prevent child marriage under Islamic tradition. NGOs suggested reports of early forced marriage
in the country were not yet at the level of serious concern when compared to the problems of
rape, domestic violence, and premature pregnancy among teens. Nonetheless, NGOs noted early
forced marriage between student teens who become pregnant, a practice to “save face” and
protect the baby’s legal status, appeared to be increasing as the country’s teenage pregnancy rate
also increased. According to a World Health Organization report, the country has the second
highest number of teenage births among Association of Southeast Asian Nations countries. The
Ministry of Public Health launched an awareness campaign designed to lower teen pregnancy.

Laws in Turkey

The law defines 18 years as the minimum age for marriage, although children may marry at 17
with parental permission and at 16 with court approval. Children as young as 12 were at times
married in unofficial religious ceremonies, particularly in poor, rural regions. Some families
applied to courts to change the birthdate of their daughters so that they could “legally” marry.
Early and forced marriage was particularly prevalent in the Southeast, and women’s rights
activists reported the problem remained serious. A report by the NGO KAMER in 2013
estimated that as many as one-third of marriages in the Southeast involved underage girls. In
2014 the NGO Flying Broom estimated that, based on police data, one-third of all marriages
involved girls under age 18 and that one-third of those marriages involved marriages as second
wives. The Ministry of Family and Social Policies ran a public service message during the year
aimed at reducing early marriag

Uniform Matrimonial Code - one nation one code

According to our constitution India is a “Socialist, Secular, Democratic, Republic” nation.
Diversity is a part of India as we know we practice diff religion.
Article 14 of Indian constitution state shall not Denny to any person equality before law and
equal protection of law.

Administers the same set of secular civil laws to govern all people. Demanded by Prime
Minister Jawaharlal Nehru. Earlier focused on the Muslim Personal Law. Mentioned in Article
44 of the Directive Principles. A proposal to replace the personal laws of each major religious
community in India with a common set governing every citizen.
The Special Marriage Act, 1954, permitted any Indian to have their marriage outside the realm
of their religious personal law. Hindu marriage Act, Succession Act , Minority and Guardianship
Act and Adoption and maintenance Act, passed in 1956 British gave self-government in
domestic matters and absolute non-interference in religious matt Uniform civil code is a Â
common code of unification of civil and criminal  matter irrespective to all religion . It is
defined in Article 44 of Indian Constitution which says that The state shall endeavor to secure for
the citizen a uniform civil code throughout the territory of India however  it cannot  be
implemented except the state of Goa.ers.  Muslim law doesn’t provide for maintenance for the
wife. The Mehr amount is supposed to take care of this aspect. Triple Talaq controversy. Enact
rules for compulsory registration of marriages irrespective of religion. Child marriages accepted
in all religious communities . To provide justice and equality to the people of all religions and
sects. Contradiction in constitution – it recognizes the continued existence of Personal Law and
also guarantee equal rights. necessary for our national unity and secularism . false information
and impression about UCC. To control polygamy. Similarly, caste panchayats and khap
panchayats are also non elected bodies. All India Muslim Personal Law Board (AIMPLB) and
Darul Uloom interfere with the marital status of Indian Muslim citizens and pass judgments.

Uniform Civil Code is  basically concerned with Personal Laws of all communities and
religions in India. Personal laws are different from public laws. Personal laws covers matters
related to marriage, divorce, inheritance, adoption and maintenance. Article 44 of the
Constitution of India expects the Indian state to apply directive principles and common law for
all Indian citizens while formulating national policies, meanwhile article 25 to 28 of Indian
Constitution states religious freedom to Indian citizens and allows religious groups to maintain
their own affairs.

Uniform Civil Code is a set of three words i.e. Uniform, Civil and Code. Here, Uniform refers
'not varying or the same in all cases', Civil refers 'connected with the people who liv in a country'
and code refers 'a systematic statement of law or a set of law'.  Thus this denotes that civil rules
should be equal for all the people irrespective of their religion.

In context of India, Uniform Civil Code (UCC) calls for the formulation of one such civil law
that should be applicable to all religious communities in matters such as marriage, divorce,
maintenance allowance, inheritance, adoption. Uniform Civil Code comes under Article 44 of
the Constitution of India. This states that "the state shall endeavor to secure a Uniform Civil
Code for the citizens throughout the territory of India." The desirability of a uniform civil code
as stated in Constitution of India, is consistent with human rights and the principles of equality,
fairness and justice.

First time it was chased in shah bano case Central government for the implementation of uniform
civil code Gave Muslim woman the right to maintenance for the period of iddat (about three
months) after divorce. Muslim Women (Protection of Rights on Divorce) Act, 1986 enactedThe
court ruled in her favour ,orthodoxy deemed the verdict an attack on Islam. Shah Bano ,60,went
to court asking maintenance from her husband who had divorced her. Shah Bano Case,1985-
A Hindu marriage can be dissolved under the Hindu Marriage Act, 1955 only. amounts to
abusing the personal laws. question of whether a Hindu husband by embracing Islam can
solemnize a second marriage. Sarla Mudgal vs. Union of India- Each spouse in case of divorce
is entitled to a half share of the property.No polygamy or Triple Talaq for Goan Muslims. Severe
provisions for divorce . Allows equal division of income and property regardless of gender
between husband ,wife and between children. Goa is the only state in India which has enforced
Uniform Civil Code for all citizens. THE GOAN MODEL Gujarat government ultimately
passed an Act in 1982, prohibiting such love- pacts making them punishable. Considered as a
method to bypass the stringent provisions of the Hindu Marriage Act and enter into an
"undeclared second marriage”. Had a social and legal sanction . A system in Gujarat where a
man and a woman entered into a friendship agreement, a legitimate contract before a magistrate.
LAW OF MAITRI KARAR IN GUJARAT Pakistan, Bangladesh, Afghanistan and Iran have
regulated their divorce law and polygamy.It shows that these are not essential religious
practices ,beyond reform. Threatened to boycott the questionnaire. AIMPLB says any
intervention in its family law amounts to violating the Muslim community's fundamental rights.
A questionnaire posted online seeking the public's response by the National Law Commission.
Controversies about Triple Talaq.

UCC! Why?
 Will bring people to standards.
 Will help to abolish gender discrimination from the nation
 Encourage national integrity
 Foundation of secularism
 Use of maximum capacity to develop country
UCC! Why not?
 Not feasible
 Threat to communal harmony
 Intervention in personal freedom

Conclusion
The implementation of the Uniform Civil Code can be considered as the need of the hour. Even
after years of achieving independence, citizens are not enjoying real freedom yet. The unified
personal law cannot be viewed with religious emotion but it as the need for the country. The
government must prepare a good environment for uniform civil code by explaining the contents
and significance of Article 44 . Practices like triple talaq, polygamy and nikah halala need to be
banned. Care must be taken not to hurt the sentiments of any particular community. A
committee of eminent jurists should be considered to maintain uniformity It is implemented in
the state of Goa which constitute of 68% Christian and 28% Hindus population and if it is to be
implemented that it should be a strong moment towards secularism