RESEARCH PROPOSAL
Title:-
UNIFORM CIVIL CODE
Submitted by:
DEVASHISH KHAKHKHAR
22BBL043
Semester III
B.Com LLB (Hons.)
LEGAL WRITING AND LEGAL RESEARCH
1
TABLE OF CONTENTS
I. CHAPTER 1 - INTRODUCTION
1. Statement of Problem
2. Literature Review
3. Conceptual Context
4. Aim of Study
5. Significance of Study
6. Scope of Study
7. Research Questions
8. Hypothesis
9. Research Methodology
II. CHAPTER 2 - INTERNATIONAL PERSPECTIVE AND GLOBAL VIEW ON
ISSUE
III CHAPTER 3 - CONCLUSION AND SUGGESTIONS
2
STATEMENT OF PROBLEM
In recent times there is again burning debate on whether the uniform civil code should get
implemented in India or not. The UCC was demanded by the all India women conference in
1930 for the equal justice of gender first time. After that this demand also asked during the
time drafting of constitution. The UCC has been by different people and organization during
the different time before and after independence of India. The UCC is not officially not as
law in India but the Article 44 of the Indian constitution allows the state to do so.
The Uniform Civil Code means a law which regulates the various laws such as marriage,
divorce, passing of property of various communities throughout the country. It encourages
gender equality and also promotes the secularism between the citizen of country.
The uniform civil code is very complex issue so it is difficult of implement in country like
we find the various issues and arguments in favour issues and against the uniform civil code.
3
LITERATURE REVIEW
1. What is Uniform Civil Code? Constitutional provisions, arguments | Explained
The Uniform Civil Code is one of the issue which was address by Prime Minister
Narendra Modi during his one of the speech this year. The current government regime
pushing this topic of Uniform Civil Code. But apart from from political debate it is
possible to implement the Uniform Civil Code in India. As Article 44 of Indian
Constitution allows this but is not enforceable in court so it is very difficult to
implement. But it is possible. The UCC demand has been by various organisation
from many years. The people who in the favour of Uniform Civil Code is that the it is
necessary in country like India for gender equality, for marriages diviorces and many
more reason. Intially Baba Saheb Aambdedkar was also in favour of the
implementation of the Uniform Civil Code. However the 21st law did find necessary
to implement the uniform civil code. But it was suggested to modify the exsting
family laws.
2. UNIFORM CIVIL CODE EXPLAINER
This literature recently talks about the Uniform Civil Code. The literature how the ruling
party is in favour and how the UCC and the Opposition are not in favour of the UCC.
Then the literature talks about next that the if the UCC gets implemented then the tribal
culture may affected and damaged. Then the literature talks about the two tribal
customary law may also get danger due to UCC. Then the literature talks about how the
how supreme court has given judgement about in support of Uniform Civil Court to bring
uniformity in various customary laws of India. Then the literature the states which law
similar to the Uniform Civil Code in India like the Goa which has law like Uniform Civil
Code then the Uttarakhand has also announced the implementation Uniform Civil Code.
3. UNIFORM CIVIL CODE
This literature talks about the merits and demerits of the Uniform Civil Code. The
literature starts with the what is uniform civil. Then it talks about the how the ucc is law
which same all religion all the personal law of all law becomes same in UCC. The UCC
will promote equality among all the citizen and also the women will get more rights. Then
the literature talks about that many developed have Uniform Civil Code. It also increses
the uniformity and secularism in the country. According to literature there are various
merits of the Uniform Civil Code increases the national intrgity, increases unity, there be
4
no overlapping of the laws, litigation due to personal law decreases. Almost all the
countries have uniform law like civil and criminal. Islamic countries has also the uniform
followed by sharia law. The opposition of the UCC that it will help to impose
majotranism laws. There are arguments against the of these laws. That due to large
diversity it is difficult to implement. the government is interference in personal law. The
people of different may not be willing to adopt same law. In the end the literature gives
opnion that the Uniform Civil Law should be implemented.
4. What is Uniform Civil Code?
The literature talks about the Uniform Civil Code. First the literature talks about the
meaning of the Uniform Civil Code then it talks. Then the literature talks about the british
era around 1840 when british government in india introduced the common and civil but
did not make any law on the personal practise of Hindu and Muslim. Then in 1950
various laws to of Hindu religion were made. Then the literature talks about the various
cases which some how favoured Uniform Civil Court such as Shah Bano case then Sarla
Mughdal Case, then 2014 the supreme court of India at giving the judgement of Juvenile
Justice was to adoption of children from every Religion, then the literature talks about the
the article 25 of Indian Constitution that allows every individual follow whatever
religious they want to do but text says that the UCC and personal law can Coexist. then
the literature talks about the uniform civil law which is exist in Goa. Then literature talks
about the Pros of the Uniform Civil Code which are such all wiil become against law
personal law issue, then to give equal status to all the citizen to then it also heilps to
bypass the all the existing law of the of personal to ammendmet it. There are also cons of
such as india has huge religious diversity due to which it is difficult implement. it can
also violtate religious freedom of people. Then the literature on the Uniform on Current
Times. The literature conclude by giving a opnion that UCC should help in implementing
more Secularism.
5. Uniform Civil Code (UCC): Pros and Cons in a nutshell
The literature talks ab out the literature as it whether starts is the UCC can be
implemented in India as it is very necessary to know then the literature talks about the
pros and cons of UCC such as. The pros are to promote gender equality the to provide
equal status to all the citizens then it gives other pros. Then the research talks about the
various cons that it restrict religious freedom then it the state interference in personal.
5
Then literature says that it taught to implement as minority community is not ready to
accept then the author gives issues which come in implementation of the law..
6
CONCEPTUAL CONTEXT
The concept of this Uniform Civil Code has a context because india has all common laws
except this. It is pratically right to have uniform law and different personal laws. As it
gives equality to everyone.
7
AIM OF STUDY
The main objective of this research is to find whether the UCC can be practically
implemented in India. As there is lot of current ongoing debate on the Uniform Civil
Code as the issue currently more in political angle. But if the . The objective of this study
to know whether the it is possible to implement the Uniform Civil Code and what are the
pros to implement it and what are the cons of implementing it. And what are difficulties
can be faced while implementing the Uniform Civil Code.
8
SIGNIFICANCE OF STUDY
As the Uniform Civil Code demanded to implement before the time of independence so and
issue to implement the also been raised from time to time. The significance of study is still
relevant. It is also relevant to study this issue.
9
SCOPE OF STUDY
The study would help to know in detail ab out the Uniform Civil Code and common public.
And it will also helpful to know the UCC to various stakeholders. And also this helps to
know whether the implementation of Uniform Civil Code is possible. And to know the
common what are the goods of the Uniform Civil Code and are the bad of the UCC.
10
RESEARCH QUESTION
I. What legal amendments will be required to implement of Uniform Civil Code ?
II. Will the social and cultural diversity affected ?
III. What is public opinion Uniform Civil Code ?
IV. Which personal needs to get ammnend or change ?
11
HYPOTHESIS
The main aim of this project to know the is Uniform Civil Code can get Implemented and
what are the pros and cons of the Uniform Civil Code. And what are difficulties might be
faced while implementing the Uniform Civil Code. And the study is by an alysing the various
secondary available and further the analysis of existing text is done.
12
RESEARCH METHDOLOGY
The data which is used for this research is secondary data, then the research type is
Descriptive and Analytical. The content which is written in this research is taken from various
authentic articles, research papers and various government data and reports. Then to compare
the data and contrast the data. Then discuss about the finding in the context reserch question
and objective.
13
CHAPTER 2 – INTERNATIONAL PERSPECTIVE AND GLOBAL VIEW
ON ISSUE
The international perspective on the Uniform Civil Code in this chapter. It focuses on the the
on which countries it is implemented and how the uniform is good or bad for country and
also have the countries around have implemented.
14
CHAPTER 3 – CONCLUSION AND SUGGESTIONS
I would like to conclude this topic of the Uniform Civil Code. For unity and for countries
secularism the Uniform is required. As it gives the women gets the equal also all the citizens
get uniformity in all the laws due to this the Uniform Civil Code should be implemented in
India
15
REFRENCES AND BIBLOGRAPHY
Online, E. (2023, August 4). What’s Uniform Civil Code (UCC): What does Constitution say
& why it’s such a controversial topic in India. The Economic Times.
https://economictimes.indiatimes.com/news/how-to/what-is-uniform-civil-code-what-
does-constitution-say-about-it-why-its-such-a-controversial-topics-in-india/
articleshow/101348565.cms
Sunilkumar, S. R. (2023, June 28). What is Uniform Civil Code? Constitutional provisions,
arguments | Explained. Hindustan Times. https://www.hindustantimes.com/india-
news/what-is-uniform-civil-code-constitutional-provisions-arguments-explained-
101687927925602.html
Uniform Civil Code. (n.d.). https://www.legalserviceindia.com/legal/article-773-uniform-
civil-code.html
Goyal, S. (2023, June 15). What is Uniform Civil Code? Jagranjosh.com.
https://www.jagranjosh.com/general-knowledge/why-uniform-civil-code-is-
necessary-for-india-1477037384-1
Team, C. (2023, September 18). Uniform Civil Code (UCC): Pros and Cons in a nutshell.
ClearIAS. https://www.clearias.com/uniform-civil-code-ucc/
Sunilkumar, S. R. (2023d, June 28). What is Uniform Civil Code? Constitutional provisions,
arguments | Explained. Hindustan Times. https://www.hindustantimes.com/india-
news/what-is-uniform-civil-code-constitutional-provisions-arguments-explained-
101687927925602.html
16
17