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UNVEILING THE UNIFORM CIVIL
CODE: A COMPARATIVE STUDY

OF INDIA AND AUSTRALIA’S
z LEGAL SYSTEM
India is a Democratic Country. Therefore, it is home to more than 140
crore people who follow different believes and religions. Article 25 of the
Indian constitution guarantees it's citizen the freedom to practice,
propagate and profess their religion. Due to its religious diversity the laws
in India get entangled because of its diversified ideologies
among the people.
Uniform Civil Code aims to unravel the laws as it proposes to introduce a

single set of laws which would rule over the personal matters and would
be applicable on all the citizens of India irrespective of their religion. The
concept of ucc dates back to 1835. Several times the concept of ucc
states as a serious debate but apparently turns into a free-for all.
The paper analyses the constitutional provisions which recommend the
application of ucc through out India. The implementation of ucc is a
controversial topic people fear that this may harm the religious diversity of the
nation but on the other hand the supporters consider it as a method to ensure
equal treatment for all citizens.
Through the paper we aim to compare the civil codes of India and Australia,
discussion on the status of such laws in both the countries and to analyze the
difference between the stands of both the countries.
The Hindu Succession Act of 1956
The Hindu Succession Act of 1956 is an important law in India that governs
the succession and inheritance rights of Hindu individuals. It provides
guidelines for the distribution of property and assets among family
members, including sons, daughters, widows, and other relatives. The act
aims to bring equality and fairness in the inheritance rights of Hindu families,
ensuring that both sons and daughters have equal rights to ancestral
property.
The Hindu Minority and Guardianship Act of 1956
The Hindu Minority and Guardianship Act of 1956 is another significant

law in India that addresses matters related to the guardianship of Hindu
minors. It provides guidelines for the appointment and rights of
guardians for the care and protection of Hindu children who are not of
adult age. The act outlines the responsibilities and powers of guardians,
the procedures for their appointment, and the rights and obligations they
have towards the minors. It aims to ensure the welfare and well-being of
Hindu children in matters of guardianship.
The Hindu Adoption and Maintenance Act of 1956
The Hindu Adoption and Maintenance Act of 1956 This is another important
law in India that governs adoption and maintenance rights within the Hindu
community. The act provides guidelines for the legal adoption of children by
Hindu individuals or couples, outlining the procedures and requirements
involved. It also addresses matters related to maintenance obligations,
ensuring that individuals have a legal responsibility to provide for their
dependents, including wives, children, and elderly parents.
Muslim personal laws
Muslim personal laws refer to a set of laws and regulations that govern
various aspects of personal and family matters for Muslims in India.
These laws cover areas such as marriage, divorce, inheritance,
guardianship, and maintenance. They are based on the principles of
Islamic law, also known as Shariah.
Indian Christian Marriage Act of 1872
This act is an important legislation that governs the solemnization and

registration of marriages within the Christian community in India. It provides
guidelines and procedures for conducting Christian marriages, including the
requirements for consent, age, and witnesses. The act also addresses matters
such as divorce, nullity of marriage, and maintenance. It aims to ensure legal
recognition and protection for Christian marriages in India.
The Special Marriage Act of 1954
It is an important law in India that allows individuals from different religions, castes, or
backgrounds to solemnize and register their marriage. It provides a legal framework
for interfaith and inter-caste marriages in the country. The act lays out the procedure
for obtaining a marriage certificate and includes provisions for the consent of both
parties, the presence of witnesses, and the registration of the marriage. It aims to
promote equality and secularism by providing a platform for individuals to marry
irrespective of their religious or caste backgrounds.
Article 44
Article 44 of the Directive Principles of State Policy in the Indian Constitution is

an important provision that promotes the idea of a Uniform Civil Code. It states
that "The State shall endeavor to secure for the citizens a uniform civil code
throughout the territory of India." This provision encourages the Indian
government to work towards a common set of laws governing personal matters
such as marriage, divorce, inheritance, and adoption, regardless of an
individual's religious affiliation. The aim is to promote equality and unity among
citizens by reducing disparities in personal laws based on religion. However, it's
important to note that the implementation of a Uniform Civil Code is a complex
and ongoing process, and it requires careful consideration of various religious
and cultural sensitivities in India.
Marriage in Australia is a legal union between two people, regardless of their
gender. The Family Law Act of 1975 governs marriage and sets out the rights
and responsibilities of spouses. Divorce is the legal process of ending a
marriage. To obtain a divorce in Australia, you need to apply to the Family Court
or Federal Circuit Court. The court considers factors like separation period and
arrangements for children before granting a divorce. Australia has a no fault
divorce system which means that neither party needs to prove fault to obtain a
divorce
parental responsibility
In Australia, parental responsibility refers to the rights, duties, powers, and

responsibilities that parents have towards their children. The Family Law Act of
1975 recognizes that it is in the best interests of the child for parents to share
parental responsibility, even after separation or divorce. This means that both
parents are involved in making important decisions about the child's upbringing,
such as education, health, and religious matters.
property settlements after divorce
In Australia, property settlements after separation or divorce are governed by the

Family Law Act of 1975. The act provides a framework for the division of assets
and liabilities between the parties. The court considers various factors, such as
the financial contributions of each party, their future needs, and the welfare of any
children, in determining a fair division of property. It's important to note that
property settlements can be reached through negotiation, mediation, or court
proceedings
Spousal maintenance
Spousal maintenance refers to financial support provided by one spouse to

the other after separation or divorce. It is intended to assist the financially
disadvantaged spouse in meeting their reasonable needs. The Family Law
Act of 1975 outlines the factors that the court considers when determining
spousal maintenance, such as the income, earning capacity, and financial
resources of each party. The court aims to achieve a fair and equitable
outcome based on the individual circumstances of the case.
Challenges surrounding UCC in India
1. Religious and Cultural Diversity

2. Opposition from religious groups
3. Impact on minority rights
4. Political sensitivities
5. Lack of consensus
Similarities and differences between personal laws of both the countries
Both countries have specific laws that govern personal matters such as
marriage, divorce, and inheritance. In India, personal laws are based on
religious customs and traditions, while in Australia, personal laws are primarily
based on secular principles. One major similarity is that both countries have
laws that recognize and regulate marriages. In India, the Hindu Marriage Act of
1955 governs Hindu marriages, while in Australia, the Marriage Act of 1961
regulates marriages. These laws outline the legal requirements for marriage,
including age restrictions, consent, and registration.
However, there are also differences between the personal laws in India and
Australia. For example, in India, different religious communities have their own
personal laws that govern matters like marriage, divorce, and inheritance. In
Australia, there is a unified family law system that applies to all citizens,
regardless of their religious background.
In terms of inheritance, India has the Hindu Succession Act of 1956, which
governs the distribution of property among Hindu families. In Australia, the laws
regarding inheritance vary between states and territories, but generally follow
the principles of equitable distribution.
Surrounding case laws in India
1. Mohd. Ahmad khan v/s Shah bano begum

2. Sarla Mudgal and others v/s UOI
3. Jordan Deingdoh v/s SS Chopra
Conclusions
Political, religious, and cultural factors are all present in the complex debate
surrounding the UCC. India faces numerous legal and constitutional obstacles when
implementing a UCC, necessitating a delicate balancing act between upholding
religious freedom and advancing equality. The legislative is primarily responsible for
implementing a UCC because the judiciary's role, while important, is constrained by the
constitutional structure.
In the future, a wider social shift that upholds the values of justice and equality while
honoring the vast diversity of India's cultural and religious landscape will be necessary
for the effective implementation of the UCC, in addition to political will and legislative
changes.
Future advancements in law will also have a significant impact on how the UCC
operates. A UCC has been urged to be implemented by the judiciary, which has
become more and more public in its support of the idea in a number of significant
rulings. These changes imply that the UCC is gaining legal traction. Social
developments have an impact on the UCC's future as well, especially the growing
emphasis on gender justice and equality. It is becoming increasingly evident that
legislation guaranteeing equal rights to all individuals, irrespective of gender or
religious affiliation, are necessary as society attitudes change. This may lead to a rise
in public support for the UCC.
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UNVEILING THE UNIFORM CIVIL

CODE: A COMPARATIVE STUDY

Uniform Civil Code aims to unravel the laws as it proposes to introduce a

The Hindu Minority and Guardianship Act of 1956 is another significant

This act is an important legislation that governs the solemnization and

Article 44 of the Directive Principles of State Policy in the Indian Constitution is

In Australia, parental responsibility refers to the rights, duties, powers, and

In Australia, property settlements after separation or divorce are governed by the

Spousal maintenance refers to financial support provided by one spouse to

1. Religious and Cultural Diversity

1. Mohd. Ahmad khan v/s Shah bano begum

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