UNIFORM CIVIL CODE

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    21-Apr-2017
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Transcript of UNIFORM CIVIL CODE

SEMINAR COURSE REPORT ON INDIA NEEDS UNIFORM CIVIL CODE

SEMINAR COURSE REPORT

ON AN ANALYSIS OF INDIA NEEDS UNIFORM CIVIL CODE

SUBMITTED TO

SCHOOL OF LAW

SCHOLAR: SUPERVISOR: Name: ANAND PRATAP SINGH NAME: Mrs Shalu Sinha Class: BBA LLB Designation: Assistant Professor

Batch: (2013-2018) School of Law, Sharda University

ACKNOWLELDGEMENTWith profound sentiments of gratitude, I acknowledge the guidance, suggestion and encouragement given by my guide Mrs Shalu Sinha because of whom I was able to complete the task of writing this Seminar course report work successfully.

I am also grateful to other faculty members for their timely guidance and relevant knowledge regarding various aspects relating to this topic. Also, I will fail in my duty if I dont thanks the Library staff of Sharda University, who have warmly facilitated the task by providing various books & journals, leading to successful completion of the task.

RegardsScholars Name:Anand Pratap SinghClass:BBA LLBBatch:2013-2018SOL, Sharda University.CERTIFICATE

This is to certify that this work incorporated in this SEMINAR COURSE REPORT on the topic An UNIFORM CIVIL CODE submitted by Mr/Name ANAND PRATAP SINGH of class BBA LLB,Batch 2013-2018 is a bonafide work of him& was carried out sincerely & honestly under my guidance & supervision.

Name-Shalu SinhaSupervisorAssistant Professor

Sharda University

Greater Noida OBJECTIVE OF THE TOPIC

The proponents of a uniform civil code have been campaigning for it even before the independence of India. India has always been a place of many colors and spices and before independence in 1947 it would have been hard to point out what constituted India.It was known even at that time that to further unite India and make it a truly secular nation we would need a uniform civil code. But even after 69 years of independence we havent been able to do this.

The reasons for why this has not been done are complex and a different topic on its own but it all boils down to political will. Politicians have always found it beneficial to play vote bank politics and try to appease different castes and groups instead of attempting to integrate our nation. Instead of focusing on the negative lets focus on the positive and talk about the reasons why we do need a uniform civil code.In article 44, our constitution clearly specifies this: "The State shall endeavor to secure the citizen a uniform civil code throughout the territory of India".The main objective of this report is to bring harmony in India by bringing all different religion under the uniform civil code which is at present governed by the personal law.

Different law for different community in one country is not good for the development and for the unity of any country. Now time has arrived to think and to take action against old inconsistent personal law of different religion and to think beyond politics.India is a secular country but the question is how a country can become a secular country when they have different personnel law for different community.A uniform civil code means that all citizens of India have to follow the same laws whether they are Hindus or Muslims or Christians or Sikhs. This sounds fair and secular to me. A uniform civil code doesnt mean it will limit the freedom of people to follow their religion, it just means that every person will be treated the same. Thats real secularism.

INTRODUCTIONUniform civil code is the proposal to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen. These laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Article 44 of the Directive Principles in India sets its implementation as duty of the State. Apart from being an important issue regarding secularism in India, it became one of the most controversial topics in contemporary politics during the Shah Bano case in 1985. The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law and remains unreformed since 1937, permitting unilateral divorce and polygamy in the country.

The Bano case made it a politicised public issue focused on identity politicsby means of attacking specific religious minorities versus protecting its cultural identity. In contemporary politics, the Hindu right-wing Bharatiya Janta Party and the Left support it while the Congress Party and All India Muslim Personal Law Board oppose it. Goa has a common family law, thus being the only Indian state to have a uniform civil code. The Special Marriage Act, 1954 permits any citizen to have a civil marriage outside the realm of any specific religious personal law.Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens. The British feared opposition from community leaders and refrained from further interfering within this domestic sphere. The demand for a uniform civil code was first put forward by women activists in the beginning of the twentieth century, with the objective of women's rights, equality and secularism. Till Independence in 1947, a few law reforms were passed to improve the condition of women, especially Hindu widows. In 1956, the Indian Parliament passed Hindu Code Bill amidst significant opposition. Though a demand for a uniform civil code was made by Prime Minister Jawaharlal Nehru, his supporters and women activists, they had to finally accept the compromise of it being added to the Directive Principles because of heavy opposition.

Uniform Civil Code a common code which is applicable to all the communities irrespective of their religion, race, caste, creed etc. is now-a-days posing one of the biggest challenges for a country like India. If implemented in its letter and spirit, then these three words are sufficient enough to divide India politically, religiously and socially. It might be the reason due to which the framers of our constitution decided to include uniform civil code in the directive principles of state policy and not in fundamental rights. Now under the Constitution Article 44 provides that State shall endeavour to secure for its citizens a uniform civil code throughout the territory of India. Regarding the implementation of uniform civil code, India re-learnt an ancient lesson about demanding the impossible, culturally envisaged as asking for the moon. In the ancient story, the child God Krishna asks his mother Yashoda to give him the moon as a toy and the clever mother hands him a mirror with a reflection of moon. Similarly though now, uniform civil code is not included in Fundamental Rights Chapters, but in post modern India, quick footed thinking of this kind has now resulted in well considered production of a mirror image of the desired object of the uniform civil code in the form of harmonised personal law system. A motherly central state along with arts core institutions, an activist and powerful Supreme Court have taken well- choreographed steps to achieve this particular outcome.

The term civil code is used to cover the entire body of laws governing rights relating to property and otherwise in personal matters like marriage, divorce, maintenance, adoption and inheritance.The demand for a uniform civil code essentially means unifying all these personal laws to have one set of secular laws dealing with these aspects that will apply to all citizens of India irrespective of the community they belong to. Though the exact contours of such a uniform code have not been spelt out, it should presumably incorporate the most modern and progressive aspects of all existing personal laws while discarding those which are retrograde.

The spine of controversy revolving around Uniform Civil Code has been secularism and the freedom of religion enumerated in the Constitution of India. The preamble of the Constitution states that India is a "Secular Democratic Republic" 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. Rebecca J. Cook rightly points out that although the Indian Constitution contains articles mandating equality and non discrimination on the grounds of sex, strangely however, several laws exist that apparently violate these principles and continue to be there especially in personal laws of certain communities with provisions that are highly discriminatory against women. The situation is further criticized when it pointed out that, The Indian State has, however, made no effort to change these laws or introduce new legislation in conformity with Constitutional principles.In fact Indian Government seems to have chosen to ignore these principles completely and acts as if they did not exist.

The Indian Constitution expressly stands for gender equality. For example, Article 44 of the Constitution envisages a Uniform Civil Code for all citizens and lays down that, The State shall endeavor to secure for the citizen a Uniform Civil Code through out the territory of India.

However, even after half a