Hurdles In The Implementing Of UCC In India

Naman Kasliwal & Riddhi Gandhi, Gujarat National Law University

ABSTRACT

The issue of a common code has been repeating one since the commencement of states. The subject of drafting a UCC has been a hot topic for discussion since 1950. While it is obligatory upon the state to adopt the UCC under the Article 44 of DPSP of our Constitution, it has not still been executed even after so much years of independence. This paper demonstrates the challenges faced in implementation of Uniform Civil Code. The paper begins with an explanation and meaning of uniform civil code. Further the paper traces back to the origin of Uniform Civil Code and explains the history of formation of the Uniform Civil Code, from the past it comes to the present and talks about the importance of Uniform Civil Code in the modern society. The paper then guides one around the challenges in implementation of Uniform Civil Code and also tells one about the various juridical developments made in order to improve and make a difference in various topics pertaining to Article 44 of directive principle of state Policy i.e. the Uniform Civil Code, the best example is the Shah Bano Case (The Triple Talaq case).

The paper further states that Goa is an exception to this Uniform Civil Code bill and it has created a Civil Code of its own inorder to create common set of governing rules with matters relating to marriage, divorce and succession. The paper is ended with some suggestions given by the authors on the basis of the research done for the paper.