UNIFORM CIVIL CODE
INTRODUCTION
Uniform Civil Code refers to one law for all Indians that would replace different
personal laws currently followed by various religious communities in matters like
marriage, divorce, and inheritance. (In this article Uniform Civil Code is used as
UCC)
UCC has been a topic of debate from the time when the constitution was made and
till date it’s in discussion among various political parties and members of religious
groups. From past many years UCC has was just followed by Goa but recently in
2024 Uttarakhand government has also implemented UCC. In Goa actually its
Portuguese code that’s been followed not purely UCC. This research paper aims to
comprehensively break down the Uniform Civil Code (UCC), analyzing it in depth
to the extent necessary for a clear and thorough understanding.
MEANING
UCC when broke down we see that it is made up of three words:
UNIFORM- Equal
CIVIL- Family related
CODE- Laws
Uniform Civil Code means equal set of laws for family related matters
Understanding UCC will be a lot easier if we know from where this concept has
emerged and where its roots are.
Evolution Of UCC
In ancient times law was based on Vedas and Smritis which served as guiding text
for the conduct of the people. It laid down the foundation for making law in India in
the ancient times. The smritis mainly Manusmriti was responsible to shape the
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conduct of majority of the population of India and were called Hindus. The texts
included dharmas(duties) that a person in his lifetime should perform and guide the
behavior of the people.
In medieval times when Delhi sultanate and Mughal empire came into power,
Islamic Sharia law made the legal system of India. This Sharia law was applied by
the Quazi and in the courts set up by rulers. While applying Islamic law Hindu
personal law was not disturbed. Hindus continued to follow their own family and
caste laws. Pandits were employed to apply those laws and maintain law and order
among Hindus.
During medieval time Sher Shah Suri (Suri dynasty) interrupted the Mughal rule and
systematized legal administration. Then came Emperor Aurangzeb who created a
large collection of Islamic laws called Fatawa-e-alamgiri (a 30-volume compendium
of Hanafi rulings on worship, family law, contracts, crime and statecraft). Despite all
these developments Hindus remained governed by Dhramshastra and customary law
for family caste or inheritance cases. Mughal courts usually did not force non-
Muslims to follow sharia law in personal matters, though Muslims could sue Hindus
under state law if contracts or property were involved also in criminal and revenue
cases Islamic sharia law was followed.
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British period
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