'The State shall endeavor to secure for the citizens a uniform civil code
throughout the territory of India"- Article 44 of The Constitution of India
The Uniform Civil Code (UCC) in India proposes to switch the private laws
supported on the scriptures and customs each major and non secular community
within the country with a standard set governing every subject.
It means that all the private laws like law for wedding, divorce, inheritance,
adoptions; everything ought to be a constant to all or any the folks of India no
matter their faith.
The Constituent Assembly was set up to border our Constitution in 1946 in
freelance India that consists of each style of members: people who wished to
reform the society by adopting Uniform Civil Code were opposed by the minority
communities within the Constituent Assembly. As a result just one line is
supplementary to the Constitution beneath Article 44 Part IV of DPSP (Directive
Principles of State Policy)
"The Hindu Code Bill"- A starting of a reformation Challenges and Success:
As it happened within the last years of The British Rule, The British initiated
the Uniform Code for Hindus. A committee had been set-up within the year 1941 by
Sir B.N. Rau and had an entire draft prepared by 1946 that was to use to all or
In 1948 Constituent Assembly fashioned a select Committee to review the draft of
a new Hindu Code. It was chaired by B.R.Ambedkar the Law Minister and therefore
the draft was in person examined by Ambedkar himself. It had been applicable to
Sikhs , Buddhists and Jains similarly except all the Hindu sects. Introducing
the new bill Ambedkar told the assembly that it had been his aim to systemize
the foundations of Hindu law area unit scattered in innumerous selections of the
High Courts and Privy Council and that type a unclear motley to the common
person and gave rise to constant proceeding.
Initially the Codification had a dual purpose:
- To elevate status of Hindu Women
- To do away with disparities of Caste
The other features were
The Present day issues:
- The subsidization to the widow and daughter , of the similar share because the
son(s) within the property of a person dying intestate (which within the past
had passed solely to the male)
- The granting of maintenance to the married person who chose to live separately
from her husband if he was cruel to her , had a communicable disease, etc..
- Abolishing rules of Caste and Sub-caste in sanctify a wedding. All marriages
would have the similar religious rituals as well as legal status irrespective of
the caste the spouse belonged.
- Inter Caste marriages were allowed in accordance with the rituals of
either of the party.
- Allowing either of the partner to file for and obtain divorce on certain
grounds such as disease that is incurable , Cruelty etc.
- Allowing adoption of child belonging to a different caste.
Though the 1955 Code brought magnanimous changes within the Hindu Culture,
bringing it out from the evil spell of practice of Untouchability and Women
bondage, the main issue that prevails even to the present day is the Indian
mindset, where many communities still perform on their caste norms and stay
terribly rigid in terms:
- Inter-Caste Marriage
- Adoption Policy
- Widow Remarriage
- Women Education
Not allowed to seek for divorce in spite of Husband Cruelty and Sickness rather
forced to stay at home and look after the husband to an extent she is asked to
give up her job if she is practicing any.
Working of the Uniform Civil CodeCodification:
The biggest obstacle in implementing the Uniform Civil Code, except getting an
agreement, is the drafting. The Uniform Civil Code ought to carve a balance
between protection of basic fundamental rights and non-secular dogmas of people.
It ought to be a code that is just and proper according to a man of ordinary
prudence, without any bias with regards to religious or political
Marriage and divorce:
The personal laws of every faith contain different necessities of a sound
marriage. The new code ought to have the essential necessities of valid marriage
which shall include:
- the new code should impose monogamy banning multiple marriages under any
- The minimum age limit for a male should be 21 years and for a female
should be 18 years and this should be subject to change as the age limit can
change depending on the scenario of the country.
- Registration of marriage should be made compulsory. A valid marriage
will be said to have solemnized when the man and the woman sign their
declaration of eligibility before a registrar.
- The grounds and procedure for divorce ought to be specifically ordered
down. The grounds enumerated within the code should be reasonable and the
procedure prescribed should be according to the principles of natural
Succession and inheritance:
This area throws up even more uncontrollable issues. In Hindu law, there's a
distinction between a joint family property and self acquired property that
isn't underneath the Muslim law. The Hindu Undivided Family (HUF), formed
underneath the Hindu law, run businesses and own agricultural lands. There also
are fetters obligatory on the extent to that one can bequeath property by will
under the Muslim law.
The maintenance laws for the Hindus and Muslims are very different. Except from
personal laws, a non-Muslim woman can claim maintenance under Section 125 of
Code of Criminal Procedure. However the Code of Maintenance u/s 15 gives equal
rights to women in the maintenance post a divorce or death of a partner.
Even after 68 years of independence and claiming that India is a secular
country, we have failed to achieve a Uniform Civil Code, which can help combat
the misuse of personal laws for selfish purposes. From time to time Courts as
well as politicians have laid the importance of the Uniform Civil Code but none
of them has able to influence the law makers or the Legislative Assembly who is
empowered to make laws regarding the same.
The preamble of the Constitution states that India is a secular democratic
This means that there is no State religion. A secular State shall not
discriminate against anyone on the ground of religion. A State is only concerned
with the relation between man and man. It is not concerned with the relation of
man with God. It does not mean allowing all religions to be practiced. It means
that religion should not interfere with the mundane life of an individual.