Ucc Towards Gender Justice

An Open Access Journal from The Law Brigade (Publishing) Group 1
UNIFORM CIVIL CODE TOWARDS GENDER JUSTICE
Written by Rahul Jain

Ph.D. Scholar, Bennett University, Greater Noida, India
Orcid: 0009-0003-2096-3082
ABSTRACT
The paper is aimed at explaining the concept of “Uniform Civil Code towards Gender Justice.’’
A civil code may be a set of laws that governs the rights concerning property as in personal
matters like divorce, marriage, adoption, inheritance, etc. Article 44 of the Indian Constitution
mandates the implementation of uniform civil laws for personal laws. While enactment of this
civil code is restricted under it being a non-binding Directive Principle of State policy and the
jealous resistance of critics who cite the compromise of religious identities of minorities. This
leads to overlooking objectivity and pragmatism during fervent deliberations on this code.
Despite the constitution’s emphasis on equality and justice for all, is a true sense of equality
truly afforded to women? In India, women make up nearly half of the population but continue
to face the effects of a patriarchal society that is upheld by tradition, religion, and culture. In
Indian society, women were placed in a subordinate position to men due to traditional,
religious, and cultural beliefs. As a result, women had to struggle for equality, liberty, and
justice. Frequently, women are subject to victimization and neglect. Religion, however, has
been a significant obstacle in acknowledging women's rights both within the family and in
society. Women have been subjected to bias based on their gender, causing them to be
marginalized. The Constitution upholds gender equality as an ideal that can be attained through
specific affirmative measures.
This paper is an attempt to relate the question of gender justice and equality to the issue of the
adoption of a uniform civil code, its need, and its relevance for enactment throughout the
territory of India.
Keywords- Constitution, Egalitarian Society, Right to Equality, Gender Justice.
INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

VOLUME 9 ISSUE 5 – ISSN 2454-1273
September- October 2023
https://thelawbrigade.com/
INTRODUCTION
The Constitution of India upholds the principle of Fundamental Rights, which includes the
right to equality. This means that all citizens are considered equal before the law and are
entitled to receive equal protection under the law, regardless of their caste, creed, religion, race,
sex, or any other characteristici. Yet, there is a significant difference in the legal rights granted
to men and women in personal laws. Despite the government's adoption of secularism, this
issue has not been resolved.
“Achieving gender equality is not just a mere objective, but rather a necessary condition to
effectively address poverty reduction, encourage personal growth, and establish effective
governance.” – Kofi Annan.
In the pillar of humanity, women are exposed to various problems and risks simply because of
their gender. Despite constitutional and statutory protections, women still face difficulties and
there have been no significant results in terms of their protection.ii Although the Indian
Judiciary has made significant efforts, there are limitations on its jurisdiction, and it is unable
to perform the duties of other branches of the government. In this Connection, the Uniform
Civil Code, which is a constitutional requirement, is yet to be enacted into law by the Indian
Legislature. Its purpose is to ensure that women, who suffer from inequalities in personal laws,
are granted equal status. The tyranny of India is that women are prima facie identified and
governed according to their religion and personal law, such as Hindu, Muslim, Christian, Jew,
or Parsi. This way of thinking is the fundamental reason for our underdevelopment, prejudice,
and numerous societal problems. It is necessary to understand the importance of having a
Uniform Civil Code, which is a tool used to bring together the various laws related to personal
matters in order to achieve gender justice.iii In today’s environment giving women equal rights,
independence and the capacity to make their own life decisions is more crucial. It is essential
to modernize our views on gender equality as society advances in other areas and not to force
one's own beliefs and traditions onto other people or groups. The pursuit of justice and equality
for women frequently intersects with contemporary concerns about freedom, secularism, and
religion. To empower women in all areas including social status, gender bias, health, and
security, is needed. Article 44 mandates that the state must establish a Uniform Civil Code for
all citizens in India.

The Uniform Civil Code (UCC) clause in the Indian Constitution seeks the creation of a single
body of law. UCC has the efficacy to harmonize many personal laws and gender equality for
women. For the time being, the criminal code is the only area of legislation that is consistently
applicable to everyone, regardless of their religion. In India, personal matters such as marriage
and succession, are subject to different rules based on religion and gender. For instance,
different laws govern marriage, divorce, succession, adoption, and maintenance for Hindus,
Muslims, Christians, Parsi, Jews, and others. This issue of uniformity has been a contentious
topic for many years, with some political parties advocating for legislation to address it.
CONCEPT OF UNIFORM CIVIL CODE
In India, various religious communities adhere to different personal laws. The main focus of
Personal laws is on matters related to marriage, divorce, child custody, maintenance for
divorced women, guardianship, adoption, succession, and inheritance. Religion discusses
concepts such as immortality, devotion to God, pursuits of spiritual goals, and salvation,
whereas personal law pertains to everyday worldly affairs. The Uniform Civil Code aims to
standardize secular laws of a similar nature to govern all individuals equally, regardless of their
religion, caste, or tribe. It restores the rights of the citizens who are subject to distinct personal
laws according to their religion or caste. The civil code encompasses significant aspects such
as the acquisition and administration of property, marriage, divorce, and adoption. Although
the Uniform Civil Code is inserted in Directive Principles of State Policy under Article 44 of
the Indian Constitutioniv, it is unfortunate that the courts cannot enforce it since it is considered
to be a non-justiciable right due to various challenges.
This expression “Uniform Civil Code”v consists of three terms “Uniform” refers to something
consistent and unchanging in every circumstance, or a type of object that deviates from the
norm. "Civil" is derived from the Latin word “Civilis” which signifies a citizen, while "Code"
is derived from the Latin word "codex" which refers to the compilation of laws, which was
initially written on wooden tablets coated with wax and later on parchment or papyrus sheets.
The implementation of the Uniform Civil Code is seen as a step towards secularizing personal
laws, without any religious affiliations. The concept of a Uniform Civil Code in India pertains
to a complete Civil Law Code that applies to all citizens, regardless of their religious
background. Essentially, the concept of UCC has two components.vi

1. To ensure that there is consistency and equality in the laws that govern different
communities, regardless of gender
2. To ensure that there is equality and gender justice between men and women within
these communities.
It is possible to have uniform civil laws just like we have uniform criminal laws. Personal laws
that differ based on one's gender conflict with the principles of equality and justice. The
Uniform Civil Code was a step of progressive change and was strengthened by the example of
its success at Goa.
CONCEPT OF GENDER JUSTICE
In general, Gender justice pertains to the autonomous action made to secure freedom for
women and promote their rights through judicial reforms and the involvement of women in
social and economic policies. Gender equity can only be defined practically within an exclusive
framework. Political ideology consists of beliefs about what is 'just' and 'good', in human
interactions and how to achieve these outcomes.vii
Gender justice encompasses more than merely highlighting the dynamics between men and
women. It refers to a place in which women and men can be treated as wholly human and where
strategies are developed to transform society as a whole to ensure fairness and equality.
Additionally, it implies a transition from arbitrary to well-justified, balanced, and equitable
social connections. Gender justice is a tool to lessen the disparities between men and women
that result from women's subordination to males. It manifests a result of gender justice and also
makes it easier to distinguish between what needs to be accomplished and how.
UCC HISTORICAL DEVELOPMENT
In the Middle period,viii the Hindus had shastra whose interpretation was done by Brahmins
and executed by the king. No matter what type the case is the answer for them all was given in
the shastra. Similarly, the Muslims had Sharia law which was interpreted by the Kazis and the
Nawabs had executed it. When the East India Company came, they enforced English Common
Law on their English subjects for which courts were established. But when it came to solving

the dispute of the Indian subjects the question arose of which law should be followed. Both
Brahmins and Kazis were called to interpret the Shastra and Sharia law. Afterward, In 1840,
the British Government framed Uniform laws for crimes, evidence, and contracts based on the
Lex Loci report. However, the personal laws of Hindus and Muslims were kept outside of this
codification. Conversely, the British Indian Judiciary allowed British Judges to apply Hindu,
Muslim, and English law. During that time, reformers were speaking out against laws that
restricted women's rights under religious practices such as Sati, which discriminated against
them.
The Hindu personal Laws were codified by the parliament in 1956 amidst significant
opposition. This code Bill has been split into four different parts, which are as follows
a) The Hindu Marriage Act, 1955

b) The Hindu Succession Act, 1956’
c) The Hindu Adoption and Maintenance Act,1965
d) The Hindu Minority and Guardianship Act, 1956
Despite the insistence of Prime Minister Nehru and his supporters, as well as women's activists,
for a uniform civil code, despite facing strong opposition, it was eventually necessary for them
to concede and include it in the Directive Principles. Although the Indian Penal Code and
Criminal Procedure Code both comprised comprehensive criminal laws that were in effect in
the nation.
GENDER INJUSTICE AND UNIFORM CIVIL CODE CONFLICT
The fact that our nation discriminates based on personal laws is evident from its historical
development. Personal laws govern aspects such as marriage, divorce, maintenance,
succession, minority, and guardianship. These laws establish norms, rules, and regulations
governing personal relations within families. However, the personal laws that apply to Hindus,
Muslims, Christians, etc., are patriarchal leading to unjust and discriminatory treatment of
women.

Hindu Laws
• Gita Hariharan's caseix challenged Section 6 of the Hindu Minority and Guardianship
Act due to its discriminatory language that placed mothers in a subordinate position as
guardians.
• The Supreme Court of India addressed the issue of the Uniform Civil Code in the case
of Sarala Mudgal v. Union of Indiax. It ruled that marriages conducted by Hindu men
who converted to Islam intending to practice polygamy were not valid. If a Hindu man
converted to Islam while his first marriage was still valid, his second marriage would
be considered void as it would be unjust to his first wife.
According to CARA Guidelines on Adoption Regulations Act, 2017 a single male did not have
the authority to adopt a girl child independently. Similarly, a single female has the authority to
adopt a male child independently. But there should be a difference of 25 years between the
child and the parent.xi
Muslim Laws
• In case of marriage: Under Muslim law, a guardian has the authority to contract a
marriage for their minor ward. However, there is a remedy called the "option of
puberty" that allows the ward to repudiate the marriage upon attaining puberty but this
option is even more restricted for females.xii In addition, Shia Muslim males can enter
into Muta marriages for an agreed time and there is no limit to the number of Muta
marriages a Muslim male can contract whereas such practice is not recognized in Sunni
Law.xiii
• In case of succession: According to Shia laws, if a wife passes away and has a lineal
descendant, the husband is entitled to 1/4th of the propertyxiv. However, if there is no
lineal descendant, then the husband takes 1/2 of the property but the wife receives only
1/8th. In cases where there is an intestate property, the daughter gets ½ of the property.
But if there is a son, then the daughter becomes residuary and the son gets twice as
much as the daughter. Before the Muslim Personal Law Act was implemented in 1937,
women had no inheritance rights.
• In Case of Maintenance: The Shah Bano case brought about a significant change in
Muslim personal laws where the Supreme Court ruled that women who were divorced
by their husbands were entitled to maintenance under section 125 of the code of

criminal procedure. Before this milestone decision, Muslim women who were divorced
received no financial support from their husbands as maintenance.
• In the case of polygamy: Although polygamy is illegal in India, Muslim men are
allowed to have multiple wives. However, this privilege is not extended to women.
• Special Marriage Act,1954: Even under the supposedly secular Special Marriage Act
of 1954, gender bias is there, as it is in all current personal legislation. A Muslim,
Christian, Parsi, or Jew has no longer access to the law of succession after entering into
a civil marriage or a contract. On the other hand, a Hindu, Buddhist, Jain, or Sikh must
follow the law of succession after entering into a civil marriage under the Special
Marriage Act 1954.xv
INDIAN CONSTITUTION AND UNIFORM CIVIL CODE
As we know Article 15xvi of the Constitution prohibits discrimination based on race, religion,
caste, sex, and place of birth.
Article 25 grants every individual the right to freely practice and propagate their religion,
subject to public order, health, and morality while Article 26 allows religious denominations
to manage their own affairs related to religion.
The citizens are granted basic fundamental rights that allow them freedom, which would be
violated if UCC is implemented. However, the question remains whether religion and personal
laws are interchangeable. These two factors are distinct and separate. Religion pertains to
practices within religious communities, such as spirituality, worship, and religious rituals.
Personal laws, on the other hand, deal with matters such as marriage, divorce, adoption,
succession, and inheritance, and have no connection to religious practices.
IN WHAT AREAS DO WE NEED UNIFORMITY
There are some specific areas where we need uniformity in our laws. These arexvii
First: In IPC’S section 494 which says that “while having a living spouse’’ if someone does a
second marriage, then it is a crime.xviii There is only one exception to this uniform law if a man
is a muslim then he can do up to four marriages. That’s an exception to our penal laws. Now,

uniformity cannot come here like that you can do as many marriages as you want. The
progressive world is monogamous so uniformity will also come in that line.
Second: Hindu women inherit an equal share in property whereas Muslim women, compared
to male relatives can inherit less than half of the share.xix
Third: Muslim women cannot claim maintenance for a long time, unlike Hndu women.xx
Fourth: Indian law requires a consistent minimum age for marriage for all religions, which is
18 years for females and 21 years for males. Marrying below this age is considered child
marriage and is prohibited. However, there is an exception in muslim law. In Islam, the
marriage of a minor who has attained puberty is considered valid. Each religion in India has its
own distinct rules and regulations regarding marriage.xxi
NEED FOR UNIFORM CIVIL CODE
It Will Integrate India
The implementation of a uniform civil code in India will bring about greater integration than
ever before since independence. The existing biased treatment of certain religious communities
by the law contributes to a lot of hostility, which can be avoided with a uniform civil code.
This will ensure that every Indian, regardless of caste, religion, or tribe, follows the same
national civil code of conduct.xxii
It Will Help in Reducing Plebiscite Bank Politics
Enforcing a uniform civil code would help to reduce the practice of vote bank politics, which
is commonly seen during elections by political parties. If all religions are governed by the same
laws, public servants of the state will not be able to offer special favors to certain minorities in
exchange for their plebiscite. The absence of a uniform civil code is harmful to true democracy
and needs to be reevaluated.xxiii
Personal Laws are a Loophole
The various personal laws are essentially a tool for those in power to exploit. Our panchayats
persistents provide decisions that go against our constitution, and we fail to take no action to
address it. Human rights violations such as honor killings and female feticide occur throughout
our country.xxiv

Every contemporary Nation has it
A contemporary and progressive nation is characterized by a homogeneous civil code, which

indicates the country is far from caste and religious politics. Despite being a top performer in
terms of economic growth, social progress has been lacking. We have regressed culturally and
socially and are neither modern nor traditional. The implementation of a homogeneous civil
code can aid in propelling society forward and bring India closer to its goal of becoming a
developed nation.xxv
It will Give More Rights to the Women
Implementing a uniform civil code can help improve the status of women in India. Our society
is heavily biased towards men and by continuing to follow outdated traditions, we are allowing
Indian women to be subjected to oppression and abuse. A uniform civil code can bring about
a change in these traditions that are no longer relevant in today's society where we recognize
the importance of treating women fairly and providing them with equal rights.xxvi
All Indians Should be Treated equally
The personal laws in India favor specific religions, allowing Muslims to have multiple
marriages while Hindus or Christians would face legal consequences for doing the same. This
is not a fair and equal treatment of all citizens. All laws related to marriage, inheritance, family,
and land need to be the same for every Indian citizen, in order to ensure that all Indians should
be treated equally. xxvii
It Promotes Real Secularism
Selective secularism is practiced in India, where some areas are secular while others are not.
To ensure equality, a homogeneous civil code is necessary, where all citizens follow the same
laws regardless of their religion. This approach is fair and unbiased. Implementing a uniform
common code does not impede an individual's freedom to practice their religion, but rather
ensures that everyone is treated equally under the law.xxviii

ADVANTAGESxxix
Gender equality
The implementation of a uniform common code across the country would allow for the
elimination of gender discrimination. Currently, many religions and customs favor men over
women, even though women are still fighting for equality after several years of independence.
The laws of various religions are unfair toward women, particularly in matters of inheritance
and succession. A uniform code would ensure equal treatment for both genders.xxx
A lift to national integrity
The implementation of UCC would promote honesty on a national level. Despite the existence
of diverse cultural values, having a unified set of laws that applies to all individuals regardless
of gender, social status, religion, etc. would contribute to national unity.xxxi
Foundation of Secularism
The preamble of our constitution clearly states that India is a socialist, secular, democratic
country. Despite several years of independence, India still has separate personal laws for
different religions such as for Hindus, Muslims, and Christians. For this reason, several doubts
have been raised about whether genuine secularism can be achieved without implementing a
Uniform Civil Code.xxxii
Social changes
India is expected to undergo a significant social transformation in this century once the
Uniform Civil Code (UCC) is implemented throughout the country. Currently, Muslim women
in India are not granted individual rights to marriage and divorce, unlike in other Muslim
countries such as Pakistan, Bangladesh, Turkey, and Morocco where women have structured
individual laws. With the implementation of UCC, Indian women, including those from
Muslim and Christian communities, will also have access to a structured individual law, which
will serve as a stepping stone towards a new social change across the nation.xxxiii

UNIFORM CIVIL CODE- CHALLENGES IN ITS

IMPLEMENTATIONxxxiv
A threat to communal harmony
The idea of implementing a Uniform Civil Code has caused concern among various religions,
especially minorities, due to potential misconceptions that it goes against their religious beliefs
and values. To ensure the unity of the nation is not disrupted, those in power should first gain
the trust of minorities before implementing the UCC.xxxv
Government's impedance into individual rights
Many people believe that the government's interference in personal freedom is a common
occurrence. However, the Uniform Civil Code is solely aimed at safeguarding the rights of all
citizens.xxxvi
Not the right time for execution
The Muslim community is opposing the implementation of the Uniform Civil Code and states
that it is not appropriate at this moment. They are also arguing that the matter should be
considered along with other current issues such as the silence of authorities regarding the
saffronization of schools, beef-related controversies, etc. They believe that these issues are
alarming them and further state that it is a case of the majority overriding the rights of
minorities.xxxvii
Difficult because of India’s diversity
Implementing a Uniform Civil Code is a challenging task due to the vast diversity present in
our country. The existence of social differences among various states and communities adds
another obstacle to establishing a unified law for all individuals.
LANDMARK CASES
Mohd. Ahmed Khan v. Shah Bano Begumxxxviii
In 1985, the Shah Bano case challenged fundamental principles when a Muslim woman named
Shah Bano, who was married to Mohammed Ahmad Khan, filed a petition at the local court in
Indore under section 125 of the Code of Criminal Procedure. She requested a maintenance

amount for herself and her children. The husband used his right under Islamic law to give an
irreversible divorce to his wife. He argued that since she was no longer his wife, he was not
obligated to provide maintenance for her, except as prescribed under Islamic law, which
amounted to Rs. 5400. The Supreme Court resolved the issue in favour of Shah Bano, who had
been mistreated despite her faith, and it was finally settled under the Criminal Procedure Code.
However, this decision caused some unrest within the Muslim community. As a result, the
Muslim Women (Protection of Rights on Divorce) Act, 1986 was enacted, which stipulates
that husbands must provide maintenance to their wives during the iddat period. In Shah Bano's
case, the court awarded her maintenance. This demonstrates that laws apply equally to all
religions.
Smt. Sarla Mudgal v. Union of Indiaxxxix
In Sarla Mudgal's case, the issue was that the husband had accomplished the second marriage
while transforming into Islam but without disintegrating the first marriage. If the interpretation
of sections 5 and 11 of the Hindu Marriage Act,1955 is done then he can't be held liable under
the Hindu Marriage Act for polygamy because section 5 uses the word, “If a marriage is
criminalized between two Hindus.” The Supreme Court has settled the issue by saying that if
there is an altercation between two personal laws, then such law should triumph which is
serving the purpose best. So, it was held that a conversion to Islam does not amount to
automatic cessation of the marriage performed under Hindu law.
Danial Latifi v. Union of Indiaxl
The Supreme Court of India has made a ruling in the case of Daniel Latafi, stating that a Muslim
husband is responsible for providing Maintenance for his divorced wife even after the Iddat
period, based on their interpretation of S.3 of the Muslim Women (Protection of Rights on
Divorce) Act,1986. While acknowledging the challenges of creating a common code for
individuals of different faiths, the Court expressed disappointment that Art.44 has not been
implemented. They have called for the State to take action in enacting a Uniform Civil Code
(UCC), as they have the legislative power to do so. Without such a code, some people are
exploiting loopholes in Hindu personal law by converting to Islam to enter into second
marriages. The Court has declared that such marriages are invalid under Sec.494 of the Indian
Penal Code if the first marriage has not been dissolved, but they have not declared polygamy
or certain aspects of Muslim personal law as void under Art.14 and 15 of the Constitution of

India. The Court has urged for a UCC to protect the oppressed and promote national unity and
solidarity.
Lily Thomas and Others v. Union of Indiaxli
The court spurned the disputation that the decision in Sarla Mudgal vs. Union of India is
violative of rights indemnified under Article 21 of the constitution. The verdict in the Sarla
Mudgal case has either altered the procedure or generated any law for the of the person sought
to have proceeded opposed for the alleged commission of offence beneath section 494 IPC.”
So, if the Uniform Civil Code had been provided for the citizen as the constitutional mandate,
then the problems which have arisen in the cases of Mohamed Ahmed Khan v. Shah Banoxlii,
Daniel Latifi & others v. Union of Indiaxliii would’ve not been there.
CONCLUSION
Although there has been a lot of talk about women’s rights and empowerment, very little has
been done. The treatment of women in personal laws is an area of concern that needs attention.
While the Hindu Code has undergone significant changes, Muslim laws remain strict and
outdated, leaving women vulnerable to the whims of men. Therefore, it is crucial to implement
a Uniform Civil Code that treats all genders equally and without bias. Justice Kuldeep Singh
was correct in stating that personal laws and religion are not linked. Matters such as marriage
and succession are secular and should not be subject to the Right to Religion.
ENDNOTES
i
The Constitution of India, arts.14,15.
ii
Leila Seth, “A Uniform Civil Code: towards gender justice” 5 Journal of India International Centre 49 (2005).
iii
Dani Nath Raina, “Uniform Civil Code and Gender Justice” 1-10 (Reliance Publishing House 1996
iv
Dr Saroj Bohra, “Uniform Civil Code, Women Empowerment and Gender Justice” 3 Journal of South -Asian
Multidisciplinary Studies 1 (2013).
v
P. K. Pandey (ed.), Human Rights and Gender Justice, 17 (APH Publishing Corporation, New Delhi, 2012),
Available at SSRN: https://ssrn.com/abstract=2485380 (last visited on Aug 14, 2023)
vi
Uniform Civil Code Towards Gender Justice, available at: https://lawcorner.in/uniform-civil-code-towards-
gender-justice/ (last visited on Aug 14, 2023).
vii
P.K. Pandey (ed.), Gender Justice and Uniform Civil Code: An Overview: 19 (APH Publishing Corporation,
New Delhi, 2012), Available at SSRN: https://ssrn.com/abstract=2485380 (last visited on Aug 12, 2023)
viii
M.S. Ratnaparkhi, Uniform Civil Code: An ignored Constitutional Imperative 20-30 (Atlantic Publishers and
Distributors, 1997)
ix
AIR 1999 SC 228

x
AIR 1995 SC 569
xi
CARA Guidelines Adoption Regulations Act, 2017, s.5.
xii
Tahir Mahmood, Outlines of Muhammadan Law 73 (Oxford University Press, New Delhi, 5 th edn.,2008)
xiii
Sir Dinshaw Fardunji Mulla, Mulla Principles of Mahomedan Law 353-354 (Lexis Nexis Haryana, 22nd
edn.,2017)
xiv
Maheema Rai and Salvin Paul, “Women and Uniform Civil Code in India” in W. Leal Filho et al. (eds.), Gender
Equality, Encyclopaedia of the UN Sustainable Development Goal, 4 (Springer, 2020) available at:
https://doi.org/10.1007/978-3-319-70060-1_71-1 (last visited on Aug 15, 2023).
xv
The Special Marriage,1954 (Act 43 OF 1954), s.19,20,21
xvi
The Constitution of India, arts.15, 25, 26.
xvii
Priya Jain, One Nation One Law/Uniform Civil Code, available at: https://youtu.be/gTCB6-m065s (last visited
on Aug 12, 2023).
xviii
The Indian Penal Code, 1860 (Act 45 of 1860), s.494.
xix
Inheritance rights of Hindu, Muslim, Christian women are not the same, available at
https://economictimes.indiatimes.com/wealth/legal/will/inheritance-rights-of-hindu-muslim-christian-women-
are-not-the-same/articleshow/90067981.cms?from=mdr (last visited on Aug 20, 2023).
xx
The Muslim Women (Protection of Rights On Divorce) 1986 (Act no.25 of 1986), s.3,4 .
xxi
Raising Legal Age for Marriage, available at https://www.drishtiias.com/daily-news-editorials/raising-legal-
age-for-marriage (last visited on Aug 24, 2023)
xxii
Uniform Civil Code- Indian Polity, available at: https://byjus.com/free-ias-prep/need-for-a-uniform-civil-
code-in-a-secular-india/ (last visited on Aug 12, 2023).
xxiii
Ibid.
xxiv
D.C. Manooja, “Uniform Civil Code: A Suggestion” 42 Journal of Indian Law Institute 448-457 (2000)
xxv
Ibid.
xxvi
Ibid.
xxvii
Ibid.
xxviii
Ibid.
xxix
Uniform Civil Code in India, available at: https://blog.finology.in/Legal-news/uniform-civil-code-india (last
visited on Aug 12, 2023).
xxx
Ibid.
xxxi
Ibid.
xxxii
Ibid.
xxxiii
Ibid.
xxxiv
Tanya Sharma, “Uniform Civil Code: A Detailed Analysis” 5 Journal of India International Centre 12 (2020).
xxxv
Ibid.
xxxvi
Ibid.
xxxvii
Muslim organisations divided on Uniform Civil code, available at
https://www.thehindu.com/news/national/muslim-organisations-divided-on-uniform-civil
code/article67042429.ece (last visited on Aug 12, 2023)
xxxviii
AIR 1985 SC 556
xxxix
AIR 1995 SC 569
xl
AIR 1985 SC 740
xli
AIR 2000 SC 1650
xlii
Supra note 38
xliii
Supra note 40


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An Open Access Journal from The Law Brigade (Publishing) Group 1

UNIFORM CIVIL CODE TOWARDS GENDER JUSTICE

Written by Rahul Jain

Keywords- Constitution, Egalitarian Society, Right to Equality, Gender Justice.

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

CONCEPT OF UNIFORM CIVIL CODE

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

CONCEPT OF GENDER JUSTICE

UCC HISTORICAL DEVELOPMENT

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

a) The Hindu Marriage Act, 1955

GENDER INJUSTICE AND UNIFORM CIVIL CODE CONFLICT

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

INDIAN CONSTITUTION AND UNIFORM CIVIL CODE

IN WHAT AREAS DO WE NEED UNIFORMITY

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

NEED FOR UNIFORM CIVIL CODE

It Will Integrate India

It Will Help in Reducing Plebiscite Bank Politics

Personal Laws are a Loophole

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

Every contemporary Nation has it

A contemporary and progressive nation is characterized by a homogeneous civil code, which

It will Give More Rights to the Women

All Indians Should be Treated equally

It Promotes Real Secularism

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

A lift to national integrity

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

UNIFORM CIVIL CODE- CHALLENGES IN ITS

A threat to communal harmony

Government's impedance into individual rights

Not the right time for execution

Difficult because of India’s diversity

Mohd. Ahmed Khan v. Shah Bano Begumxxxviii

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

Smt. Sarla Mudgal v. Union of Indiaxxxix

Danial Latifi v. Union of Indiaxl

INTERNATIONAL JOURNAL OF LEGAL DEVELOPMENTS AND ALLIED ISSUES

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