Write a note on Uniform Civil Code

Questions: [Write a note on Uniform Civil Code. [BJS 2000]

Find the answer to the mains question only on Legal Bites. [Write a note on Uniform Civil Code.

Answer:

A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly. The code is based on the premise that there is no connection between religion and law in modern civilization. It shall cover areas like marriage, divorce, maintenance, inheritance, adoption, and succession of the property.

Article 44 of the Indian Constitution says that there should be a Uniform Civil Code and the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. Since the article corresponds with the Directive Principles and they are only guidelines for the state to enforce, it is not mandatory to use them because they are not justiciable.

In a country like India where there is a diversity of religion and ethnicity, enforcement of the Uniform Civil Code is required for the following reasons:

1. A secular republic like India needs a common law for all citizens rather than differentiated rules based on religious practices.
2. Many religious practices governed by religious tradition are in contravention with the fundamental rights guaranteed in the Indian Constitution.
3. It is needed for gender justice because certain rights of women are usually limited under religious law, be it Hindu or Muslim. For example, the practice of triple talaq.

In this regard, the Indian Judiciary has also often stated in their judgments that the government should move towards a uniform civil code. The landmark judgment is of Ahmed Khan v. Shah Bano (1985 (2) SCC 556) in which the petitioner, a 73-year-old woman called Shah Bano was divorced by her husband using triple talaq and was denied maintenance. The Supreme Court ruled in her favour and stated that under section 125 of the All India Criminal Code, the provision for “maintenance of wives, children, and parents” applies to all citizens irrespective of religion. Further, the court recommended that a uniform civil code be set up.

Further, in another landmark case of Sarla Mudgal v. Union of India [AIR 1995 SC 1531], the question was whether a Hindu husband married under the Hindu law, by embracing Islam, can solemnize a second marriage. The court held that the Hindu marriage solemnized under Hindu law can only be dissolved on any of the grounds specified under the Hindu Marriage Act 1955. Conversion to Islam and marrying again would not by itself dissolve the Hindu marriage under the act and thus, a second marriage solemnized after converting to Islam would be an offense under Section 494 of IPC.

Therefore, there is a need for the codification of all personal laws as Uniform Civil Code so that prejudices and stereotypes in every one of them would come to light and can be tested on the principles of fundamental rights of the Constitution.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. Constitutional Law Mains Questions Series Part-I
2. Constitutional Law Mains Questions Series Part-I
3. Constitutional Law Mains Questions Series Part-II
4. Constitutional Law Mains Questions Series Part-IV
5. Constitutional Law Mains Questions Series Part-V
6. Constitutional Law Mains Questions Series Part-VI
7. Constitutional Law Mains Questions Series Part-VII
8. Constitutional Law Mains Questions Series Part-VIII
9. Constitutional Law Mains Questions Series Part-IX
10. Constitutional Law Mains Questions Series Part-X