Pic credit- Bar and Bench
Uniform civil code means uniformity in civil laws that means their should be one code of law for one nation. Uniform civil code is application of a single law over all the personal laws in a religious diversity country India.
Article 44 of Directive principles of state policy in Constitution says “State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India.”
Constitutional provisions relating to UCC:
• It is a great Matter of debate which changes with the opinion of people who comes from different religious background. The matter of debate isn’t it whether UCC comes as law or not but matter how debate is how to impose this code because of religious diversity among us .It will come as law as it is put in our Constitution with an approach to put it as a law latter.
• The other questions arises in our mind that why it doesn’t not put in our fundamental rights rather than Directive principles of state policy which is non justiciable ? It’s left in dilemma.
• Our preamble says about secular democratic Republic that is state has no religion and no one is discriminated on the bases of religion.
• Therefore UCC comes as an balance between fundamental rights (Art14,Art15,Art25 and Art 26 ) and personal laws of people .
Their is difference between difference and discrimination as difference has no breach of law but discrimination is ,their can be discrimination on the two bases
• On the bases of religion which causes communal conflict
• On the bases of gender
And for both these discrimination we need of UCC.
The Supreme Court for the first time directed the Parliament to frame a UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum , popularly known as the Shah Bano case.
o In this case, Shah Bano claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure after she was given triple talaq by him.
Supreme court recommendations :-
o It is a Matter of regret that Art 44 has remained a dead letter.
o UCC will help the cause of national interaction by removing disparate loyalties to laws which have conflicting ideologies
o No community is likely to bell the cat by making gratuitous concession on this issue.
o A begging has to be made if the constitution is have any meaning
o Justice to all is a far more satisfactory way be dispensing justice than justice from case to case.
Their was a great conflict arise after the government nullify the Shah bano judgment through the Muslim women property of right in which made sec 125 of crpc non applicable in Muslim law.
In recent statement given my 21st law commission it says “Neither necessary nor desirable”
UCC comes in news again as it says it is not necessary it as people oppose due to their patriarchal thinking what happen if women get equal status.
Their are some chances to come of this bill as an law because BJP government put this under his manifest their was an hope of 'Right to Rise'.
The supreme Court in ABC v. The State (NCT of Delhi) (Civil Appeal No. 5003 of 2015) directed the concerned civic authorities to issue birth certificate of the child with the mother’s name alone without requiring the name of the father subject to the requirement of an affidavit to be furnished by the concerned woman to this effect. An unmarried woman sought to be declared as the sole guardian of her child without sending notice to the other parent. The court permitted the same and directed for ensuring the privacy of single unwed mother. Futher, the Supreme Court also held that the name of the father is not required in securing child’s birth certificate, passport and school certificates, and related documents.
Ambedkar middlepath 
Code shall apply only to those who make a declaration that they are prepared to be bound by it so that in the initial stage the application of the code may be Purely voluntary.
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Author- Jaishri gautam BACL ( Nagpur)