Supreet Kaur (B.Com, LL.B., LL.M

INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 – 6433)

VOLUME I ISSUE IV (SEPTEMBER 2020)

Email – [email protected] Website – www.ijlra.com

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No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJLRA.

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EDITORIAL TEAM

EDITORS Ms. Ezhiloviya S.P. Nalsar Passout

Ms. Priya Singh West Bengal National University of Juridical Science

Mr. Ritesh Kumar Nalsar Passout

Mrs. Pooja Kothari Practicing Advocate

Dr. Shweta Dhand Assistant Professor

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A WORD FROM THE TEAM

IJLRA:(ISSN: 2582-6433) is proud to complete its Volume I Issue IV. The current issue consists of articles, short notes, case comments, legislative comments and book reviews, contributed by advocates, academicians, researchers & students from all parts of the country. Each contribution has been thoroughly examined by our editorial team to provide a filtered and quality read.

The fact that law as a subject is dynamic and ever evolving makes it imperative for lawyers, academicians, researchers, and students to stay abreast of recent developments. The same thought process has led us to develop a dedication towards providing all the contributors with a platform to express their original ideas on contemporary issues. With the same endeavour to present view on latest legal developments within and outside country we are successful in presenting diverse selection of stimulating articles.

We strive hard to stick to the core of the Journal's principles, which includes diversity and open discussion from all aspects of law while maintaining highest standards of professional integrity.

The Issue is a culmination of the efforts of several people who must be rightly acknowledged. We would like to place on record our sincere gratitude to all our contributors for their valuable work. We would also like to thank all the members of Editorial Board for their efforts in shortlisting and editing the papers to ensure that the ideas of authors are being expressed in the best possible manner; and finally the members of our technical support team for making this issue reach all our readers by way of an open access system.

We sincerely hope that the present issue will come to the expectations of its readers.

Team IJLRA

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THE INCORPORATION OF UNIFORM CIVIL CODE VIS - A –VIA RETENTION OF PERSONAL LAWS IN INDIA. Ms. Supreet Kaur (B.Com, LL.B., LL.M. (UGC-NET), Presently a Research Scholar, Department of Laws, Guru Nanak Dev University, Amritsar, Punjab)

ABSTRACT The idea of incorporation of Uniform Civil Code in Indian legal system is at crossroads and much debated. Article 44 of the Constitution of India provides for Uniform Civil Code as a Directive Principle of State Policy. The theme of the paper is to trace out the development of this concept during different eras of Indian history and to look for the justification of such incorporation. During the pre-independence era, the British legislators provided legislative immunity to the certain religious matters. After Independence, the Constituent Assembly also mooted the retention of respective personal laws of various religious communities. The proposed justification for the introduction of Uniform Civil Code was the harmonious integration of different religious communities through uniformity of laws. The Uniform Civil Code has always been criticized by the religious communities as an encroachment upon on their religious and personal freedoms. The argument draws its strength from the presence of the Fundamental Right of practice, profess and propagate one’s own religion in the Constitution itself. With the increasing instances of exploitation of women and children in particular by the misuse of practices approved by personal laws, Law is expected to not only intervene but also lay down clear standards of conduct for every person as well as community as a whole. Both the Parliament and the Judiciary have made efforts in interpreting this concept in such a way that the personal laws of various religious communities are streamlined towards Uniform Civil Code. Yet, these have failed to bring the desired change in the mindset of the people. The very discussion on Uniform Civil Code raises a suspicion of interference in the religious freedom. Recent developments in personal laws have been seen by many as the much needed foundation for the incorporation of the Uniform Civil Code. The Indian Parliament and Judiciary should aim at harmonizing all the religious communities without causing any damage to the personal laws. India is known for diversity of religions, castes and communities. Law has to ensure that diversity is respected and the rights of minorities are protected. Key Words: Personal Laws, Religions, Uniform Civil Code, Interpretation, Constitution, Parliament.

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“I am a Muslim, I lit a Hindu’s lamp using a Christian’s candle. This should be Unity in India.” - APJ Abdul Kalam1 INTRODUCTION Unity in diversity is one of the most powerful attributes of India. India has always set an example that diversity does not pull people apart, rather it brings them together. Starting from the Indus Valley Civilization to the present day India, all the religious communities say, Hindu, Buddhist, Jain, Sikh, Muslims, Christians, Parsi, and many other religions coexist peacefully in this country.2 The basic postulate of every religion is that God is one and thus, the unified vision offered by Him must be followed with unity and integrity.3 To understand the concept of unity in diversity, we need to have clarification of the terms like unity, uniformity, plurality etc. and the difference between them. As pointed out by the Rene Guenon4, there is a difference between unity and uniformity. While uniformity denotes the state of being same and homogeneous, unity points to what connects diverse things. Though there is no uniformity in nature, as it is a product of man-made machines and devices and the so called ‘systems’, but unity reigns in the natural order. Furthermore, the need of unity arises as it is the moral obligation to treat everything, whether living or not, with respect.5 Thus, it is clear from the above discussion that as unity does not mean uniformity; similarly, plurality does not mean division and chaos. Plurality and diversity hold their respective place and help in the fulfillment of important function in the economy of creation. Unity and plurality have a complementary relationship. Unity does not negate plurality; rather it places it in a large context of intelligibility. It is wrong to worship multiplicity for the sake of defending pluralism and reject unity in the name of liberation from totalitarianism. The religions have been accused of advocating totalitarianism and moral exclusion due to the misconception that religions talk about unity and they do not have any idea of handling diversity. The plurality of religions and faiths in the society are not cancelled by the concept of oneness and unity introduced by the God.6

1 Dr. Ayul Pakir Jainulabdeen Abdul Kalam (1931- 2015), an Indian aerospace scientist and former President of India. 2 Rucha K., “Unity in Diversity in India”, available at: https://medium.com/@ruchulya/unity-in-diversity-in- india-c722f833eaef (visited on 07.08.2020) 3 Ibrahim Kalin, “Religion, Unity and Diversity”, available at: https://www.resetdoc.org/story/religion-unity- and-diversity/ (visited on 07.08.2020) 4 Rene-Jean-Marie-Joseph-Geunon (1886- 1951) was a French philosopher and metaphysician. 5 Supra note 3. 6 Ibid.

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WHAT IS UNIFORM CIVIL CODE? The term, “Uniform Civil Code”, comprises of three words, i.e. ‘Uniform’ which means same for all, ‘Civil’ means right of a person, or something opposite to criminal and lastly, ‘Code’ which is derived from the Latin word ‘Codex’ which means a book.7 Thus, Uniform Civil Code means a single law which is applicable to all the citizens in their personal matters such as marriage, divorce, custody, adoption and inheritance. The main intention of the Uniform Civil Code is to replace the fragmented personal laws, with one Uniform Code.8 It aims is to have one law for one nation and to compile the laws in order to ensure the protection of their Fundamental and Constitutional Rights.9

UNIFORM CIVIL CODE IN INDIA In 1840, on the basis of Lex Loci Report, The British Government framed Uniform laws for crimes, evidence, and contract but they intentionally left the personal laws. And in the independent India, the Constituent Assembly was set up in 1946 to frame the Indian Constitution.10 Through Article 44, the framers of the Constitution imposed and stressed upon the duty of the Government to implement the principle of UCC. But it remained unfulfilled due to resistance from various religious groups.11 According to one set of members of the Constituent Assembly the Uniform Civil Code is required to reform the society. And the other set of members were against the introduction of Uniform Civil code in personal matters.12 The Muslim members of the Constituent Assembly namely, Mohammad Ismail Sahib,13 Naziruddin Ahmad,14 Mahboob Ali Baig, B Pocker15 and

7 Chitra Loungani, “Uniform Civil Code in Goa”, available at: http://www.legalservicesindia.com/article/2157/Uniform-Civil-Code-in- Goa.html#:~:text=Goa%20is%20the%20only%20state,to%20marriage%2C%20divorce%2C% (visited on 03.09.2020) 8 Viraj Gaur, “Uniform Civil Code: What it is & Why it Matters”, available at: https://www.thequint.com/explainers/uniform-civil-code-explained-what-it-is-and-why-it-matters (visited on 16.08.2020) 9 Uniform Civil Code: Another nail in the coffin to satisfy the facade of party manifesto, available at: https://www.indialegallive.com/top-news-of-the-day/news/uniform-civil-code-another-nail-in-the-coffin-to- satisfy-the-facade-of-party-manifesto/ (visited on 15.09.2020) 10 What is Uniform Civil Code?, available at: https://www.jagranjosh.com/general-knowledge/why-uniform- civil-code-is-necessary-for-india-1477037384-1 (visited on 13.08.2020) 11 Rakesh Dwivedi, “Secular means UCC: Uniform Civil Code is essential for national harmony, objections to it are spurious”, available at: https://timesofindia.indiatimes.com/blogs/toi-edit-page/secular-means-ucc-uniform- civil-code-is-essential-for-national-harmony-objections-to-it-are-spurious/ (visited on 14.09.2020) 12 Supra note 10. 13 Muhammad Ismail (5 June 1896 – 5 April 1972) was an Indian politician belonging to the Indian Union Muslim League. He was a member of the Tamil Nadu Legislative Assembly, the Indian Parliament – both Rajya Sabha and Lok Sabha and of the Indian Constituent Assembly. 14 Naziruddin Ahmad (1889-1974), was an elected member of the Indian Constituent Assembly.

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Hussain Imam argued for the exemption of their personal laws from the ambit of UCC on the ground that it has been derived from the Holy Quran. B.Pocker called UCC as “undemocratic and tyrannical” as it would be in conflict with their Fundamental Right, whereas Hussain Imam sought it to be deferred until India gets sufficiently developed.16 The members favoring UCC includes KM Munshi,17 Alladi Krishnaswami Ayyar18 and Dr. BR Ambedkar19 and they were of the view that that the right to religious freedom does not mean freeing the secular dimensions of religion from lex loci.20 As a result of these two contradictory views only one sentence was added under Article 44 of the Constitution of India. 21 Being a Directive Principle of State Policy, the Uniform Civil Code is unenforceable.22 While framing the Indian Constitution, Dr. B.R. Ambedkar also stated that although Uniform Civil Code is desirable but it should be made voluntary for the time being and hence, Article 37 was added in Part IV of the Constitution of India.23 Thus, the idea of incorporation of the Uniform Civil Code has divided and affected our nation in three ways. Firstly, our nation is divided politically as one set of political parties propagate the implementation of the Uniform Civil Code and the other is against such implementation. Second is the social division of the society where the literate people have analyzed the pros and cons of the Uniform Civil Code and on the other hand, the illiterate ones have no idea about it and take decisions as per the political pressure. And third is the gap between the religious majorities and the minorities and their respective concerns for their personal laws.24

15 B. Pocker Sahib Bahadur (1890–1965) was an Indian politician and one of earliest leaders of the Muslim League. 16 Supra note 11. 17 Kanhaiyalal Maneklal Munshi, (December 30, 1887 - February 8, 1971), also known by his pen name Ghanshyam Vyas, was lawyer turned into an Indian independence movement activist, politician, writer and educationist from Gujarat state. 18 Sir Alladi Krishnaswamy Iyer (14 May 1883 – 3 October 1953) was an Indian lawyer and member of the Constituent Assembly of India. He also served as the Advocate General of Madras State from 1929 to 1944. 19 Dr. Bhimrao Ramji Ambedkar (14 April 1891 – 6 December 1956), also known as Babasaheb Ambedkar, was an Indian jurist, economist, politician and social reformer. He was the first Minister of Law and Justice of independent India and the chief architect of the Constitution of India. 20 Supra note 11. 21 Supra note 10. 22 The Constitution of India, art. 37 23 What is Uniform Civil Code, available at: https://www.business-standard.com/about/what-is-uniform-civil- code#:~:text=The%20origin%20of%20the%20UCC,Muslims%20be%20kept%20outside%20such (visited on 01.09.2020) 24 Supra note 10.

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JUSTIFICATIONS BEHIND UNIFORM CIVIL CODE Having a Uniform Civil Code is the need of the hour as it is the cornerstone of true secularism.25 There are two main objectives with which Article 44 was introduced in the Indian Constitution, firstly, to address the issue of discrimination against the vulnerable groups, and secondly, to harmonize the diverse cultural groups across the country.26 There has been inconsistency in the reforms to the personal laws. Example: Hindu personal laws have been amended multiple times, whereas the Muslim personal laws faced a very few amendments. This inconsistency in the personal laws of different religions is violative of the Fundamental Right under Article 14 of the Constitution of India.27 The need for UCC also arises due to inconsistencies in taxation laws. The Hindu Undivided Families are exempted from taxes whereas Muslims get exempted from paying stamps duty on gift deeds.28Dr. B.R. Ambedkar said that codification is necessary for maintaining unity in the country and by implementing the idea of UCC every person will be bound by that law.29 Thus, the Uniform Civil Code is required to ensure uniformity of laws between all the communities, and uniformity of laws within those communities to provide equality men and women.30

THE UNIFORM CIVIL CODE OF INDIA BILL, 2020 On 7th February, 2020, Dr. Kirodi Lal Meena’s,31 Uniform Civil Code of India Bill, 2020 was the second item in the Revised List of Business of the Rajya Sabha. Mr. Elamaram Kareem32 submitted a letter to the Chairman of the House requesting him not to allow the introduction of the Bill as it will affect the religious sentiments of the minorities.33 Tiruchi Siva34 and

25 Ibid. 26 Supra note 23. 27 Supra note 8. 28 Supra note 10. 29 Supra note 29. 30 Atish Chakraborty, “Uniform Civil Code and The Indian Judiciary”, available at: https://www.lawof.in/uniform-civil-code-indian-judiciary-atish-chakrabortyi/#_edn5 (visited on 16.09.2020) 31 Dr. Kirodi Lal Meena (born on 3rd November, 1951) is an MBBS doctor by profession and also a Member of Parliament in Rajya Sabha from Rajasthan 32 Elamaram Kareem (born on 1 July 1953) is an Indian politician, trade unionist, and a member of Communist Party of India (Marxist). He is currently a Member of Parliament in Rajya Sabha. 33 Shemin Joy, “BJP MP once again does not introduce Uniform Civil Code Bill”, available at: https://www.deccanherald.com/national/north-and-central/bjp-mp-once-again-does-not-introduce-uniform-civil- code-bill-813445.html (visited on 16.09.2020) 34 Tiruchi Siva (born on 15th May, 1954) is a member of the Parliament representing Tamil Nadu in the Rajya Sabha and belongs to the Dravida Munnetra Kazhagam party,

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Javed Ali Khan,35 along with other Opposition Members were also against the introduction of the Bill. But due to the absence of Dr. Meena, when his name was called by the Chairman Siva, the business of the house was moved further.36 On 13th March, 2020 the Uniform Civil Code Bill was again in the list. He was absent for the second time when his name was called upon to introduce the Uniform Civil Code Bill and the Bill was still not introduced. Though he entered the House soon after his name was announced but he placed another Bill seeking special financial assistance for Rajasthan before the House. 37 The Uniform Civil Code Bill aims at setting up of a National Inspection and Investigation Committee for the preparation of Uniform Civil Code and its implementation throughout the country. In the Statement of Objects and Reasons of the Bill it has been clearly said that no government showed the due interest in the implementation of the Uniform Civil Code as the religious minorities believed that it will lead to the violation of their personal laws.38 It clearly states that under the Uniform Civil Code, laws will be compiled to protect the personal rights of all the citizens irrespective of their religion. These progressive reforms will help in ending discrimination against women and in strengthening the secular structure of the country.39

PERSONAL LAWS IN INDIA AND UCC In India we have Criminal Code applicable to all the citizens irrespective of religion, caste or tribe, but there is no Uniform Code qua personal laws.40 Different religions are governed by their respective personal laws, whether codified or uncodified. For example, the Hindu Code Bill deals with the Hindu laws on marriage,41 minority and guardianship,42 adoption and maintenance43 and succession.44 The Muslims are mainly governed by the Quran and their personal law is not codified per se. However, certain aspects have been codified like the Muslim Personal Law (Shariat) Application Act, 1937 and the Dissolution of Muslim

35 Javed Ali Khan (born on 31st October, 1962) is a politician from Samajwadi Party and a Member of the Parliament of India representing Uttar Pradesh in the Rajya Sabha. 36 Supra note 33. 37 Ibid. 38 Ibid. 39 Ibid. 40 Supra note 10. 41 The Hindu Marriage Act, 1955 (Act 25 of 1955) 42 The Hindu Minority and Guardianship Act, 1956 (Act 32 of 1956 ) 43 The Hindu Adoption and Maintenance Act, 1956 (Act 78 of 1956) 44 The Hindu Succession Act, 1956 (Act 30 of 1956)

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Marriages Act, 1939.45 The Christians are governed by the Indian Christian Marriages Act, 1872 and the Indian Divorce Act, 1869 and the Zoroastrians are subject to the Parsi Marriage and Divorce Act, 1936. There is another set of secular laws, such as the Special Marriage Act and the Guardians and Wards Act, which are applicable to all irrespective of religion.46 Most of the religious communities considered it to be an encroachment, violation and abrogation of their personal laws. Even today the situation is same as religious communities are reluctant to incorporate UCC in their personal laws.47 Mr. Jairam Ramesh48 pointed out that the Ministry of Law and Justice made a reference to the Law Commission in June 2016 to examine the matters relating to the implementation of UCC in India.49 Then in its report on “Reform of Family Law” submitted in August 2018, the Law Commission stated that diverse nature of Indian culture and the discrimination of the laws. The solution is the codification of all the personal laws along with the requisite amendments, not the introduction of the Uniform Civil Code. 50 The report directly stated that the Uniform Civil Code is neither necessary nor desirable. Mr. Jairam Ramesh added that codification can help in arriving at certain universal principles, rather than forceful imposition of a Uniform Civil Code.51

GOA’S UNIFORM CIVIL CODE Goa is the only Indian State having a common family law applicable to all its citizens irrespective of religion. After Independence, the State of Goa adopted the Portuguese Civil Code of 1867 which provided for the enforcement of UCC for all the people domiciled in Goa.52 However, the said Code makes provisions on religious basis and hence not completely a uniform civil code. Example: It allows bigamy by a Hindu male in case of his wife’s failure to have a child by the age of twenty five years or a male child by the age of thirty years.53 The said Code provides joint ownership rights in all the assets of his/her spouse; parents are not

45 Supra note 8. 46 Ibid. 47 Supra note 11. 48 Jairam Ramesh (born on 9 April 1954), an economist, politician belonging to Indian National Congress and a Member of Parliament in the Rajya Sabha. 49 What has the Government done about Law Commission report on Uniform Civil Code: Jairam Ramesh, available at: https://www.thehindu.com/news/national/what-has-government-done-about-law-commission- report-on-uniform-civil-code-jairam- ramesh/article31094808.ece#:~:text=The%20Law%20Commission%20report%20said,Rights%20guaranteed%2 0by%20the%20Constitution. (visited on 15.09.2020) 50 Supra note 9. 51 Supra note 49. 52 Supra note 10. 53 Supra note 53.

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allowed to absolutely disinherit their children, they must transfer at least half of their property to them and Muslims registered in Goa are not allowed to practice polygamy.54 The Apex Court has held that Goa as a "shining example" of UCC as it has a UCC applicable to all, irrespective of religion and it also provides certain exceptions while protecting certain limited rights. In the judgment, Justice Deepak Gupta and Justice Aniruddha Bose stated that the Portuguese Civil Code, 1867 shall govern succession and inheritance rights in relation to the properties of persons having Goan domicile situated anywhere in the country.55

JUDICIAL APPROACH TOWARDS UNIFORM CIVIL CODE The Indian Judiciary has also been prodding the Government time and again for the practical incorporation of the Principle of UCC.56 The Supreme Court has often expressed displeasure in the delay of framing a Uniform Civil Code. There has always been a controversy between the demand of the Uniform Civil Code and resistance by the Muslim minority.57 In Mohammad Ahmed Khan v. Shah Bano Begum58 (popularly known as Shah Bano Case), the Supreme Court held that Section 125, the Code of Criminal Procedure, 1973 is applicable to all the citizens of India irrespective of religion. Justice Chandrachud observed that a Common Code would help in removing the disparities of law. The Court also directed the Parliament to frame a Uniform Civil Code. But the then Government was not satisfied by the Shah Bano Case59 verdict and it passed the the Muslim Women (Protection of Rights on Divorce) Act, 1986 in order to nullify the decision of this Case and let the Muslim Personal Law prevail in matters of divorce. Then in the case of Sarla Mudgal v Union of India,60 the Supreme Court for the second time gave directions to the Government under the Uniform Civil Code. The Court held that embracing Islam with the sole purpose of second marriage is the abuse of the personal laws and any such marriage is an offence of bigamy.61 The Court further said that mere conversion

54 Supra note 10. 55 Quoted by Shivanand Pandit, “Goa: A Shining example of Uniform Civil Code”, available at: https://www.heraldgoa.in/Review/Goa-A-shining-example-of-Uniform-Civil-Code/151472 (visited on 03.09.2020) 56 Ratan Sharda, “True Secularism demands a Uniform Civil Code”, available at: https://timesofindia.indiatimes.com/india/true-secularism-demands-a-uniform-civil- code/articleshow/60455808.cms (visited on 14.09.2020) 57 Supra note 30. 58 AIR 1985 SC 945 59 Ibid. 60 AIR 1995 SC 1531 61 The Indian Penal Code, 1860 (Act 45 of 1860), s. 494

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to another religion does not dissolve a Hindu marriage as it can only be dissolved under the Hindu Marriage Act, 1955. A Public Interest Litigation was filed in Ahmadabad Women’s Action Group (AWAG) v. Union of India, 62 challenging the gender discriminatory provisions in Hindu, Muslim and Christian codified and uncodified law. The Supreme Court held that, the Courts do not have any concern in the matters of removal of gender discrimination in the personal laws as it comes within the purview of State policies. But this verdict was criticized on the ground that the Apex Court has failed to fulfill its duty of protecting the principles of equality in the gender related issues of the personal laws of various communities of India. Even in the case of Lily Thomas etc. v. Union of India and others63 the Apex Court held that the desirability of the Uniform Civil Code cannot be doubted. But to give it a concrete form there is a need of building up of a proper social climate by the society and the political leaders must work for the betterment of the nation as a whole instead of giving priority to their personal motives. n John Vallamattom v. Union of India,64 Section 118 of the Indian Succession Act, 1925 was held by the Supreme Court as unconstitutional. Justice Khare65 stated that though Article 44 of the Indian Constitution provides that the State shall endeavor to secure a Uniform Civil Code throughout the territory of India for all its citizens, but it has not been brought into effect. Parliament should frame a Common Civil Code which will remove ideological contradictions between different personal laws and help in the national integration. There have been a number of petitions filed in the Courts regarding the urgency of the Uniform Civil Code to promote national integration, gender justice, equality & dignity of women. These petitions aim at the replacement of the personal laws of different religions with one Uniform Civil, so that there can be a common set of rules governing the citizens of India.66

SECULARISM, FREEDOM OF RELIGION AND UCC India follows the principle of secularism, which was introduced in the Preamble of the Constitution by the 44th Amendment.67 The secular nature of the State means that India is

62 AIR 1997 SC 3614 63 AIR 2000 SC 1650 64 (2003) 6 SCC 611 65 Vishweshwar Nath Khare (born on 2nd May, 1939) was appointed as a judge in the Supreme Court on 21st March, 1997 and was the 33rd Chief Justice of India, serving from 19 December 2002 to 2 May 2004. 66 Supra note 9. 67 The Constitution (Forty-fourth Amendment) Act, 1978

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neutral and does not interfere in the personal matters of the religious groups or communities. 68 This allows the people to follow the religion of their own choice as a Fundamental Right under Article 25 and Article 26 of the Constitution of India. 69 The Uniform Civil Code cannot be imposed forcefully as it will be violative of the freedom of conscience and free profession, practice, and propagation of religion.70 The Uniform Civil Code is not against secularism or Articles 25 and 26, rather Article 44 aims that the religions and their customs should prevail.71 Therefore, there should be a balance between the Uniform Civil Code and the Personal laws so that they can co-exist.72 Justice Jeevan Reddy in the case of S.R. Bommai v. Union of India73 stated that religion and customs are a matter of individual’s faith and law should not interfere in it. It should not be unnecessarily interfered with uniform law, thus, India follows the concept of ‘positive secularism’. Article 25 of the Constitution of India provides freedom of religion to every person, but it is subject to public order, morality and peace. n The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt,74 the Supreme Court clearly stated that the Fundamental Right of Freedom of Religion guaranteed under Articles 25 and 26 of the Constitution of India don’t extend to the secular matters concerning religion. Article 25 (2) itself states that the right to practice and propagate religion along with the economic, financial and political matters is also subject to the laws regulating or restricting or other secular activity associated with the religious practices.

CONCLUSION The Preamble of the Indian Constitution propagates the principle of secularism which means that there is no State religion and the State shall not discriminate on the ground of religion. The citizens of India are provided with the freedom of religion by Articles 25 and 26 of the Constitution of India. At the same time Article 44 of the Indian Constitution though not enforceable, says that the State shall endeavor to secure a Uniform Civil Code in India. The personal matters of an individual like marriage, divorce, succession, inheritance and

68 Supra note 7. 69 Joel S. Thomas and Ayush Gaur, “Scope of Development of Uniform Civil Code in India”, available at: https://www.indialegallive.com/top-news-of-the-day/news/scope-of-development-of-uniform-civil-code-in-india (visited on 02.09.2020) 70 Supra note 22. 71 Supra note 7. 72 Supra note 10. 73 AIR 1994 SC 1918 74 AIR 1954 SC 282

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maintenance can be made matters of secular nature by the implementation of UCC. In order to incorporate the principle of the Uniform Civil Code there is a need to strike a balance between the protection of the Fundamental Rights and principles of different religious communities, so as not hurt the sentiments of any religion. The plea for giving directions to the Central Government to make Uniform Marriage Laws for applicable to all religious communities was rejected by the Apex Court on the ground that the task to make or amend the laws is of the Parliament. Thus, the debate is never ending and the issue remains unresolved even till date. Thus, we need to understand the importance and need of the urgent enactment of the Uniform Civil Code. It is the right time to place the personal laws of all the religions under a stringent check and discard the laws that are violative of the Constitution.