TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Rajasthan Civic Polls 2026: BJP Extends Its Dominance Across Urban Rajasthan

    Rajasthan Civic Polls 2026: BJP Extends Its Dominance Across Urban Rajasthan

    Why Ladakh’s Statehood Movement Is Shifting Gears

    Why Ladakh’s Statehood Movement Is Shifting Gears

    Bhaskar Report: Bihar Coaching Hub Under Fire Over Alleged Student Brainwashing

    Bhaskar Report: Bihar Coaching Hub Under Fire Over Alleged Student Brainwashing

    UK Break-Up Fears Rise as Nations Seek Self-Determination

    UK Break-Up Fears Rise as Nations Seek Self-Determination

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Need a bank account today? Open one online in minutes

    Need a bank account today? Open one online in minutes

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    INS Kulish Arrives at Cambodia’s Ream Naval Base Under Eastern Fleet Deployment

    INS Kulish Arrives at Cambodia’s Ream Naval Base Under Eastern Fleet Deployment

    The Missing Layer: How Russia’s Pantsir-S1M Would Plug India’s S-400 Gap

    The Missing Layer: How Russia’s Pantsir-S1M Would Plug India’s S-400 Gap

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    Between the Sessions: Millets, Mithai and a Malaysian PM Who Loves His Bollywood

    Between the Sessions: Millets, Mithai and a Malaysian PM Who Loves His Bollywood

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Champions With Principles: India’s Women Show the World How to Win With Dignity

    Champions With Principles: India’s Women Show the World How to Win With Dignity

    How Sports Betting Changed My Understanding of Risk in Indian Politics

    How Sports Betting Changed My Understanding of Risk in Indian Politics

    How Mobile Proxies Engine Global Media Monitoring and International OSINT Pipelines

    How Mobile Proxies Engine Global Media Monitoring and International OSINT Pipelines

    Digital Sovereignty and Telecommunications Privacy: Safeguarding Personal Identifiers in Modern Geopolitics

    Digital Sovereignty and Telecommunications Privacy: Safeguarding Personal Identifiers in Modern Geopolitics

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Rajasthan Civic Polls 2026: BJP Extends Its Dominance Across Urban Rajasthan

    Rajasthan Civic Polls 2026: BJP Extends Its Dominance Across Urban Rajasthan

    Why Ladakh’s Statehood Movement Is Shifting Gears

    Why Ladakh’s Statehood Movement Is Shifting Gears

    Bhaskar Report: Bihar Coaching Hub Under Fire Over Alleged Student Brainwashing

    Bhaskar Report: Bihar Coaching Hub Under Fire Over Alleged Student Brainwashing

    UK Break-Up Fears Rise as Nations Seek Self-Determination

    UK Break-Up Fears Rise as Nations Seek Self-Determination

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Money Back Plan for Parents: A Smart Way to Plan for Your Child’s Future

    Need a bank account today? Open one online in minutes

    Need a bank account today? Open one online in minutes

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    Do You Still Need Term Insurance If You Have ₹50 Lakh Employer Cover?

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    What the UAE’s 2026 Corporate Tax Rules Actually Mean for a Free Zone Company

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    CNS Adm Krishna Swaminathan Visits New Zealand to Deepen Maritime Ties with RNZN

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    Chinese Troop Levels at LAC Fall as MoD Report Details Operation Sindoor Strikes

    INS Kulish Arrives at Cambodia’s Ream Naval Base Under Eastern Fleet Deployment

    INS Kulish Arrives at Cambodia’s Ream Naval Base Under Eastern Fleet Deployment

    The Missing Layer: How Russia’s Pantsir-S1M Would Plug India’s S-400 Gap

    The Missing Layer: How Russia’s Pantsir-S1M Would Plug India’s S-400 Gap

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    CIA Files Declassified for 9/11 Anniversary Reveal Bin Laden Eyed India as Target Years Before 2001 Attacks

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    World Leaders Head Home as BRICS Summit Wraps Up in Delhi

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    Modi Calls for “Concrete Results” as BRICS Wraps Up in Delhi, Hands Chairship to China

    Between the Sessions: Millets, Mithai and a Malaysian PM Who Loves His Bollywood

    Between the Sessions: Millets, Mithai and a Malaysian PM Who Loves His Bollywood

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    What Skills Will You Gain from a Strategic Leadership Course

    What Skills Will You Gain from a Strategic Leadership Course

    Young Indian Gen Z exploring Sanatan Dharma through smartphones, social media and the Bhagavad Gita

    Ancient Roots, Digital Minds: The Rise of Sanatani Gen Z

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Break into QA Jobs Faster with Automation Testing Course from StarAgile

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    Which JEE Online Coaching Is Best for JEE Mains 2027?

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Champions With Principles: India’s Women Show the World How to Win With Dignity

    Champions With Principles: India’s Women Show the World How to Win With Dignity

    How Sports Betting Changed My Understanding of Risk in Indian Politics

    How Sports Betting Changed My Understanding of Risk in Indian Politics

    How Mobile Proxies Engine Global Media Monitoring and International OSINT Pipelines

    How Mobile Proxies Engine Global Media Monitoring and International OSINT Pipelines

    Digital Sovereignty and Telecommunications Privacy: Safeguarding Personal Identifiers in Modern Geopolitics

    Digital Sovereignty and Telecommunications Privacy: Safeguarding Personal Identifiers in Modern Geopolitics

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Dreams of a Uniform Civil Code in India look realizable after Supreme Court’s nudge

Akshay Narang by Akshay Narang
15 September 2019
in Trending
Supreme Court, Uniform Civil Code,

(PC: Lexinsider)

Share on FacebookShare on X

In what is expected to bring the issue of Uniform Civil Code in the limelight, the Supreme court has observed that despite the expectations of Constitution makers and “exhortations” by the Court, no attempt has been made to achieve the object and the Uniform Civil Code (UCC) remains elusive for Indian citizens.

A Supreme Court Division Bench comprising of justices Deepak Gupta and Aniruddha Bose made this observation during a verdict about holding that the Portuguese Civil Code, 1867 shall govern the rights of inheritance and succession in respect of properties of a Goan domicile situated anywhere in the country. During the proceedings on this case, the bench observed that even after the Hindu laws were codified in 1956, “there has been no attempt to frame a Uniform Civil Code applicable to all citizens of the country despite exhortations of this court in the case of Mohd Ahmed Khan vs Shah Bano and Sarla Mudgal and Others vs Union of India and Others”.

RelatedPosts

Supreme Court: Bar Council of India Has No Power to Discipline Law Students, Only Enrolled Advocates

Subhash Chandra Garg Under Scrutiny Over 2019 Budget

FSSAI moves to red-flag junk food, under pressure from the Supreme Court

Load More

The bench also cited Goa as a “shining example” where the Uniform Civil Code was in force irrespective of the religion of those domiciled in the state. The Court also observed, “Muslim men whose marriages are registered in Goa cannot practice polygamy. Further, even for followers of Islam there is no provision for verbal divorce.” Although two major steps by the Modi government: the banning of Triple Talaq and the removal of Article 370 in Jammu and Kashmir, are steps taken in the direction of the a Uniform Civil Code, the UCC dream has not yet been materialised. It is futile to even expect a Uniform Civil Code from a government other than the NDA government.

It must be noted that the apex court has stressed upon the need of a Uniform Civil Code in the past as well. In this context, it is indispensable to refer to two landmark rulings of the apex court. The first one obviously being, Mohd. Ahmed Khan v Shah Bano Begum (AIR 1985 SC 945). This ruling had come to light as the Supreme Court had stood up for the rights of Muslim women in a progressive judgment and did what the legislature had failed to do for the last 35 years, i.e. grant maintenance rights to the Muslim wife by holding that the Muslim wife was entitled to claim maintenance under the provisions of Section 125 of the Code of Criminal Procedure, 1973 even after dissolution of marriage. This had come as a landmark ruling given that under the old Mohammedan law of dower (mehr), all that the husband needed to do was make a prefixed one time payment called dower to the wife after arbitrary dissolution of marriage in lieu of maintenance. In this landmark ruling the Court had also observed, “It is also a matter of regret that Article 44 of our Constitution has remained a dead letter.” The apex court had also observed, “It is the State which is charged with the duty of securing a uniform civil code for the citizens of the country and, unquestionably, it has the legislative competence to do so.” The Supreme Court had made another far-reaching observation about how a belief seemed to have gained ground that it was for the Muslim community to take a lead when it came to the issue of reforming their personal law. The Supreme Court had, however, rightly observed that “No community is likely to bell the cat by making gratuitous concessions on this issue.”

It is strange how even today there have been similar arguments batting for reforms from within the community. It has been around 34 years since the Shah Nano judgment was pronounced, and till now there have been no signs of any reforms coming from within the community. And now it is clear that the State will have to take the first move. Instead of expecting social change to compel changes in law, the law should be seen as an instrument of social change. It is important to mention here that despite the Court making such compelling observations, the Rajiv Gandhi government of that time did not pay any heed to the apex court observations on the issue of Uniform Civil Code. As opposed to making any progressive move, the government of that time made sure that the respite granted to Muslim women was short lived and enacted The Muslim Women (Protection of Rights on Divorce) Act, 1986 to reverse the effect of the Shah Bano judgement.

Another Supreme Court ruling which must be perused when it comes to the issue of Uniform Civil Code is the Sarla Mudgal v Union of India [(1995) 3 SCC 635] in which the Supreme Court decided a significant question of law by holding that where a Hindu man married under the Hindu law, converted to Islam and got married for a second time, without dissolving his first marriage, then such second marriage would be illegal and such a man could be punished for bigamy under the provisions of Section 494 of the IPC, 1860. In this case too the Supreme Court stressed upon the need of a Uniform Civil Code. In this case the Supreme Court went to the extent of requesting the Government of India through the Prime Minister of the country to take a fresh look at Article 44 of the Constitution, which places a positive obligation upon the state to secure a Uniform Civil Code throughout the territory of India. The Court also observed, “Till the time we achieve the goal – uniform civil code for all the citizens of India – there is an open inducement to a Hindu husband, who wants to enter into second marriage while the first marriage is subsisting, to become a Muslim. Since monogamy is the law for Hindus and the Muslim law permits as many as four wives in India, errand Hindu husband embraces Islam to circumvent the provisions of the Hindu law and to escape from penal consequences.”

It is, therefore, clear that despite the Supreme Court recognising the need of a Uniform Civil Code in some of its historic and landmark rulings, the subsequent governments have turned a blind eye towards the Constitutional goal. It must be borne in mind that though the Uniform Civil Code is a Directive Principle of State Policy, which are not justiciable before the Courts of the country, however, are “nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.” What this basically means is that while the Directive Principles are not justiciable in Courts, these principles remain fundamental to governance of the country. These are also positive obligations cast upon the State, which is made duty bound to apply these principles in law making. Contrary to the popular opinion, the Directive Principles are not a dead letter. While the Constitution does not give the option of getting these Principles enforced through the Courts, it was believed that a failure to implement these principles would trigger a backlash during elections, which would serve as a sanction for the enforcement of these Principles. Thus, Directive Principles of State Policy are not mere guidelines for the State but real constitutional goals which the State must at all times, strike to achieve.

It can be concluded that as far as the obligation of securing a Uniform Civil Code throughout the territory of India is concerned, the legislature is not there yet. While the Supreme Court has time and again made thought provoking observations on this issue, with the recent Supreme Court observations, it is expected that some kind of positive development will take place in the right direction and this elusive object would finally be achieved.

Tags: Article 370Modi governmentSarla Mudgalshah BanoSupreme CourtTriple TalaqUCCUniform Civil Code
Share35TweetSend
Previous Post

The miserable condition of Tea estate workers in Mamata’s Bengal

Next Post

Indian Railways continues to impress with its innovative ideas: Railways are all set to host luxury restaurants made out of cast off rail coaches

Related Posts

Bhaskar Report: Bihar Coaching Hub Under Fire Over Alleged Student Brainwashing
Trending

Bhaskar Report: Bihar Coaching Hub Under Fire Over Alleged Student Brainwashing

14 September 2026

A Bhaskar report has raised explosive questions over what it describes as alleged ideological conditioning of students in Bihar’s...

UK Break-Up Fears Rise as Nations Seek Self-Determination
Trending

UK Break-Up Fears Rise as Nations Seek Self-Determination

14 September 2026

The possibility of a Break-Up of the United Kingdom has returned to the centre of political debate after the...

Bengal Government Orders Closure of 252 Madarsas After Statewide Survey
Trending

Bengal Government Orders Closure of 252 Madarsas After Statewide Survey

14 September 2026

The Bengal Government has ordered the closure of 252 madarsas across the state following a statewide survey into unaided...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Beginning Of Saudi Arabia's End ? A Case Study...

Beginning Of Saudi Arabia's End ? A Case Study...

00:16:00

₹2 Crore Film, ₹143 Crore Hit: The ‘Hanuman Ansh’ Box Office Shock

00:02:46

Who Is Major Rishabh Sambhyal? The Army Officer Who Became a Social Media Sensation

00:03:34

The Missing 54: What Happened to India’s Soldiers After the 1965 & 1971 Wars | POW | Indo-Pak

00:04:43

J-20 vs India: How Super Sukhoi, Rafale & AMCA Could Counter China’s Stealth Fleet | IAF | HAL

00:03:32
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited