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NTA UGC NET LAW-LECTURE NOTES
UNIFORM CIVIL CODE
In this case, the Supreme Court ruled that Muslim women were
entitled to maintenance beyond the iddat period under Section
Mohd. Ahmed Khan vs.
125 of the Criminal Procedure Code. It observed that a UCC
Shah Bano Begum (1985)
would help in removing contradictions based on certain religious
ideologies.
In this case, the Supreme Court ruled that a Hindu husband, upon
Sarla Mudgal vs. Union converting to Islam, cannot enter into a second marriage without
of India (1995) dissolving his first marriage. The court emphasized the need for a
UCC to ensure gender justice and equality.
Supreme Court ruled that a marriage would be considered void if
Lily Thomas vs Union Of
a man entered into a second marriage without first divorcing his
India (2000)
first wife, who is still alive.
The SC struck down Section 118 of the Indian Succession Act
after a Kerala pastor contested that it was discriminatory to
John Vallamattom Vs
Christians and imposed unreasonable restrictions on bequeathing
Union of India (2003)
property for religious/charitable purposes. The SC had then
observed that it is 'a matter of regret' that Article 44 was not given
effect to.
Supreme Court of India affirmed that adoption is a fundamental
Shabnam Hashmi vs. right accessible to all citizens, regardless of caste, creed, or
Union of India (2014) religion, under the Juvenile Justice (Care and Protection) Act of
2000
Christian unwed mothers in India are disadvantaged when
compared to their Hindu counterparts, who are the natural
ABC vs. State (NCT of guardians of their illegitimate children by virtue of their maternity
Delhi) (2015) alone, without the requirement of any notice to the putative
fathers. It would be apposite for us to underscore that our
Directive Principles envision the existence of a uniform civil
code, but this remains an unaddressed constitutional expectation
In this case, the Supreme Court declared triple talaq
unconstitutional, holding that it violated the fundamental rights of
Shayara Bano vs. Union
Muslim women. The verdict underscored the urgency of enacting
of India (2017)
a UCC to address gender discrimination and ensure uniform laws
governing marriage and divorce.
In this case, the Supreme Court struck down Section 497 of IPC
relating to adultery on the grounds that it violated Articles 14, 15
Joseph Shine vs. Union
and 21 of the Constitution. The court emphasized the need for
of India (2018)
gender-neutral laws and suggested the enactment of a UCC to
address inconsistencies in personal laws.
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NTA UGC NET LAW-LECTURE NOTES
In this case, the Supreme Court addressed the ban on the entry of
Indian Young Lawyers
women of menstrual age into the Sabarimala temple in Kerala.
Association vs. State of
The judgment highlighted the need for a UCC to harmonize
Kerala (2018)
conflicting rights and ensure gender equality across religions.
Jose Paulo Coutinho vs
Supreme Court highlights the need for a Uniform Civil Code and
Maria Luiza Valentina
berates the centre for not doing so. In its judgment, the court calls
Pereira (2019)
Goa "a shining example"
21st Law Commission of India (headed by Justice Balbir Singh Chauhan)
• This commission expressed the view that implementing a UCC might not be
necessary or desirable at this time. Instead, it suggested a series of reforms within
various personal laws pertaining to different communities.
• Thus, it recommended amendments and changes to existing family laws with the aim
of ensuring justice and equality within all religions, rather than proposing a single
uniform law.
22nd Law Commission of India (headed by Justice Rituraj Awasthi)
• This commission has issued a consultation paper on the UCC, seeking public
feedback on the issue.
• Diverse sections of the population including religious organizations, legal experts,
policymakers, and civil society groups have been asked to furnish their views
regarding the feasibility, implications, and potential framework for a UCC.