a brief introduction to Uniform Civil Code

1. UNIFORM CIVIL
CODE
AND
RIGHT TO
RELIGION
BY:- Anamika Bishnoi
(B.A.LL.B. 3RD YEAR)

2. WHAT IS UCC?
 Overarching civil law in India
 Same set of secular civil laws
 Supersedes right to be governed by personal laws
 For all religion, caste and tribe
 Covers adoption, marriage, divorce, property
acquisition, & property administration
 Article 44: The Constitution Of India

3. NEED FOR UCC
 Patriarchal society
 Violence against women
 Personal law- justice denied
 Discrimination in matters of
marriage, divorce, inheritance etc.
 Gender justice

4. ANALYSIS OF UCC AS
DIRECTIVE PRINCIPLE
SARA MUDGAL VS. UNION OF INDIA
 SC directed to take a fresh look at article 44
 Bigamy
 UCC different from religion
 Polygamy removal
 Countries worldwide follows UCC

5. NOOR KHATOON VS. MOHAMMAD QUASIM
JOHN VALLAMATTAN VS. UNION OF India

6. WHY NOT EFFECTED YET?
 Insecurity among minorities
 Communal riots
 Personal laws
 Customs & traditions
 Need

7. UCC & RIGHT TO RELIGION:
A DEBATE
 Country of diverse religions
 Presence of personal laws for every community
 Under constitution: state distanced from
religion
 “Secular” in preamble
 Controversy of article 25, 26 and 29

8.  Fundamental rights not absolute
 Communities contend religion not just about
faith and belief in god but also includes
ceremonies, rituals, customs etc.
 State justifies by stating it a source of
justice, equity, harmony, unity and integrity

9. CONCLUSION
 India: a secular country
 Personal law shouldn’t encroach upon
inviolable collective values of nation
 Secular code for criminal law
 Law be divorced from religion
 Disparities between religions will disappear