Uniform Civil Code

UNIFORM CIVIL CODE
INTRODUCTION
The Uniform Civil Code (UCC) has been a topic of intense controversy and debate in India
for many years. it refers to a single set of rules that apply to all citizens, regardless of their
faith, religion, and that govern personal concerns like marriage, divorce, inheritance, and
property. Criminal and civil laws are generally uniform and applicable to every person,
irrespective of their religion. However, personal laws are not uniform in nature. Almost every
religious sect has its own personal laws, which are governed by themselves only. However,
due to certain derogatory customs and practices, these laws have resulted in restrictions and
harm to society. For example, in Muslim personal law, women are not considered natural
guardians of their progeny, do not have significant rights to inheritance and maintenance, and
to some extent, Muslim women also have very minimal power in divorce The idea behind a
universal civil code is to eliminate harmful, regressive, discriminatory, and immoral laws that
are detrimental to society. It aims to provide a better solution for resolving conflicts between
personal laws, as mentioned in Part IV (Directive Principles of State Policy) and Article 44 of
the Indian Constitution, which states that 'the state shall endeavour to secure for the citizens a
uniform civil code throughout the territory of India.' Although it is not enforceable by law, it
is fundamental in the governance of the country and aims to promote the welfare of the
people by securing social order through social, economic, and political justice to minimize
inequalities.
HISTORICAL BACKGROUD
Under British rule, the British codified several criminal and civil laws, such as the Indian
Penal Code of 1860, the Indian Evidence Act of 1872, the Indian Contract Act of 1872, and
many others. However, they did not attempt to codify personal laws. This decision was
influenced by the outcome of the 1857 revolt, which was ignited by hurting religious
sentiments and led to a large mutiny and the War of Independence. The 1857 revolt proved to
be uncontrollable and posed a significant threat to British rule. Fearing further unrest and
based on a series of subsequent events, they chose not to bother codifying personal laws.
When India gained independence, it faced several problems related to uncodified personal
laws. India began to codify personal laws on the recommendation of the Rau Committee,
which also played a crucial role in framing Hindu personal laws. The concept of a universal
civil code (UCC) emerged to prevent discrimination that might exist between Hinduism and
Islamic personal laws, especially concerning vulnerable members of society, specifically
women. Under Hindu and Muslim personal laws, women are not placed on the same pedestal.
Under Muslim personal law, women don't have significant rights and freedom.
Community-specific personal laws are seen mostly as regressive and patriarchal, but they
remain resistant to change. Implementation of a uniform civil code aims to eradicate the
regressive nature of these laws and regulations, which can lead to economic and social
development.
LEGAL ASPECT OF UCC
Mohd. Ahmad Khan v. Shah Bano Begum

The Shah Bano case is one of the most controversial cases related to maintenance. In this
case, the plaintiff, Shah Bano Begum, filed a lawsuit for maintenance and asked for alimony
of 25 rupees. In the subsequent legal proceedings, the defendant contended that, under
Muslim personal law, a husband is only obligated to maintain his wife during the iddat
period, which is typically three months. In the case of the husband's death it extends to four
months and ten days and for pregnant women it continues until delivery.
The All India Muslim Personal Law Board (AIMPLB) also argued that the court had no
jurisdiction to interfere in matters governed by Muslim personal law, citing the Muslim
Personal Law (Shariat) Application Act of 1937. They maintained that the court should
deliver its judgment in accordance with the provisions of the Shariat.
In 1979, Shah Bano won her case in a local court, which ordered her husband to pay her 25
rupees as alimony. Subsequently, in 1980, Shah Bano, as the appellant, appealed to the
Madhya Pradesh High Court to increase the alimony to 179,800 rupees, and the High Court
ruled in favor of the plaintiff. This case was then escalated to the Supreme Court, and on
April 23, 1985, a five-judge bench of the Supreme Court, led by Y. V. Chandrachud, upheld
the decision of the Madhya Pradesh High Court.
Section 125 of the Criminal Procedure Code (CRPC) is progressive in nature and cannot be
overridden by personal laws. It is considered a moral imperative in society and should not be
conflated with personal laws or religion. However, later on, due to political and emotional
pressures, the Muslim Women (Protection on Divorce) Act was enacted, which repealed the
previous judgment and held that Muslim women are entitled to maintenance only during the
iddat period.
Sarla Mudgal vs Union of india
The Supreme Court held that a Hindu marriage continues to exist even after one of the
spouses has converted to Islam. There is no automatic dissolution of a Hindu marriage. It can
only be dissolved by a decree of divorce on any of the grounds mentioned in Section 13 of
the Hindu Marriage Act. The second marriage of a Hindu after his conversion to Islam is void
under Section 494 of the Indian Penal Code (IPC), and the husband is liable to be prosecuted
for bigamy.
The court also requested the Government of India to take a fresh look at Article 44 to secure a
uniform civil code for the nation.
CONCLUSION
India is a secular country, which means India as a nation has no religion. As a secular
country, India should adopt universal civil laws to ensure the upliftment of society and
eliminate all kinds of regressive customs and practices protected by individual laws.
Universal civil law will help protect the interests and rights of the weaker sections of society
regardless of their religion and uplift them within the society.

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UNIFORM CIVIL CODE

LEGAL ASPECT OF UCC

Mohd. Ahmad Khan v. Shah Bano Begum

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