UNIFORM CIVIL CODE

 Article 44 of the Constitution of India talks about

the implementation of a Uniform Civil Code
throughout the territory of India.
 Implementing Uniform Civil Code would mean that
all the personal religious laws shall be kept at bay
and a uniform personal law governing areas of
marriage, divorce, inheritance etc. shall be
formulated. 
 The Article being placed in the Directive Principles
of State Policy, is not binding or mandatorily
enforceable on the government or the people.
 The slow implementation of UCC has started from the
period of British India, when Lord William Bentick
tried to suppress unjust religious practices such as the
tradition of Sati Pratha.
 Some of the laws that were passed to bring about
religious stability and gender equality are as follows:-
 Indian Succession Act, 1865,
 The Indian Marriage Act, 1864,
 Hindu Widow Remarriage Act, 1856,
 Married Women’s Property Act of 1923,
 Hindu Inheritance (Removal of Disabilities) Act, 1928.
 The UCC tries to bring in about a reform of the
same sort by neutralising the redundant provisions
of each personal law and replace them with more
time compliant laws.
 Practices being dispute

 Some practices that are found contrary to

humanitarian laws are liable to be restricted once
UCC is implemented.
 These laws are mostly of the minority class.
 But the idea behind UCC is to take out the best
from all the personal laws and integrate it to
formulate one uniform law that will be enforceable
on all and will be welcome by all as it won’t dispute
anyone’s law and every minority would be able to
absorb in the new law.
 Who are against UCC
 it is particularly unconstitutional and it takes away the
cultural and religious rights of other minorities as well,
which was promised to them by the founding fathers of
the constitution.
 Naga Community
“It will cause social disorder, and if  a Uniform Civil
Code is introduced covering the entire country, it shall
cause so much hardship and social disorder to the
Nagas as the personal and social life of the Nagas are
quite distinct from the rest of people in the country.”
 Muslim Community
 there has been clear and evident rejection by the muslim
community as the All India Muslim Personal Law Board
completely disregarded the Law Commission’s
questionnaire on the UCC and decided to boycott it.
 The minorities view reflects the viewpoint that if need
comes the Union Government can take out a public
referendum on the issue of triple talaq and not just hold
what the majority views are on the issue.
 The view is that it’s a part of muslim personal law and
thus only Muslims shall be allowed to decide on the issue
and not persons of every religion and community.
 Argumen ts again st the imp lementation of UCC

 A move against secularism.

 The impracticality of this issue lies in the fact that
there are considerable percentage of Muslims in
India and any move towards implementing UCC has
received heavy opposition and criticism from their
side.
 So it is an injustice to them by imposing majority
Hindu views on them.
 S. R. Bommai v Union of India
 Infringement of personal religious laws.
 would result in irreversible damage to their religion
and the laws therein.
 The dilemma between good and bad

 The minority community raises a very pertinent

question that what is the place of the government to
decide what laws need to be reformed and what laws
fit perfectly within the skeleton of UCC.
 For the current government to fully implement a
workable Uniform Civil Code, it is necessary that
they formulate a code that is acceptable to all the
communities, but that is best left to imagination as it
is an impossible job.
Uniform civil code neither necessary
nor desirable: Law panel 
 The Law Commission has urged the legislature to
“first consider equality within communities’
between men and women rather than equality
between communities”. 
 “most countries are now moving towards
recognition of difference, and the mere existence of
difference does not imply discrimination, but is
indicative of a robust democracy 
 “This way, some of the differences within personal
laws which are meaningful can be preserved and
inequality can be weeded out to the greatest extent
possible without absolute uniformity.”