UNIFORM CIVIL CODE: ACHILLES’ HEEL OF INDIA?iclrq.in/editions/jul/3.6.pdfThe whole issue of the...

Indian Constitutional Law Review | Edition III (July 2017)

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UNIFORM CIVIL CODE: ACHILLES’ HEEL OF INDIA?

Arvind Geedipelly & Khushboo Saraf

Fifth Year Students, Tamil Nadu Law School

ABSTRACT

In India there are different religious denominations governed by their own personal laws and rules. With

the change in societal norms various some personal laws have undergone amendment while others failed to

keep pace. This lead to a situation which created differences leading to substantial deprivation of rights,

especially gender neutral rights in cases like polygamy or triple talaaq, among unreformed personal laws.

Uniform Civil Code is being touted as a one stop solution for all problems of personal laws. Uniform Civil

Code touches the very fabric of Indian constitution ranging from Fundamental Rights (Articles 14, 15, 25,

26, and 29), Directive Principles (Article 44) and other provisions such as Articles 371A, 371G and Seventh

Schedule, Federalism, Secularism including Pluralism and Multiculturalism. Supreme Court has also

rendered a number of decisions on Uniform Civil Code, which are thoroughly analyzed in the paper to get

an understanding on conceptualizing of a Uniform Code in India. The main aim of Uniform Civil Code

should be uniformity of rights and not uniformity of laws. The paper argues for a Uniform Code at the

present juncture, where there exist different religious laws with uniform rights, rather than a common code,

whose main aim is to have a single common law across all religions. The paper arrives at Uniform Code

rather than a common code, by analyzing the constitutional safeguards provided to certain regions and the

lists in seventh schedule, along with the failure of common code in addressing uniform rights and the threat

it poses to the unique socio religious fabric of India. This paper arrives at mechanism where conflicting

notions of personal laws, constitutional provisions are prevented and a fundamental alternative way for

implementing a uniform civil code from constitutional and socio-political perspective in a secular

democracy is provided, which is through gradual reforms in personal laws which in future paves way for a

common code rather than imposing a common code at once.



INTRODUCTION

The Preamble of our Constitution states that “We the People of India, having solemnly resolved to

constitute India into a Sovereign, Socialist, Secular, Democratic Republic…..” the term

“democratic” which we understand as “of the people by the people and for the people” has

metamorphosed into the rule of the majority. This is the greatest flaw of a democratic setup, be it

Trump imposing ‘Muslim ban’ in the “democratic” west for safety reasons or trying to bring a

common civil code rather than a Uniform Civil Code(UCC)in India.

With plethora of communities having different identities present in India it was impossible at the

time of framing the constitution and it is further more unlikely in today’s time for a common code.

It is easy to say that laws like criminal laws, transfer of property laws, contract laws, etc are same

for everyone, then why would bringing such personal laws regarding marriage, divorce, property

be a difficult task? Religion has always been difficult. There is peace in it and out of it. The concept

of religion is an irony in itself as it is supposed to bring solidarity among people but there are

abundant examples to prove the contrary as it has also created divide. But the point which has been

ignored again and again by people arguing for or against common code is, the need for uniformity

of rights is required to make these personal laws gender just.

The debate about UCC should be revolving around uniformity, here the fight is not about the

religious identity of personal laws but about the equality and about uniformity or rights between a

man and a woman, and the rights of transgender is also an issue. Public at large has failed to look

at the idea of a uniform civil code with the specs of equality of rights and the debate centered

around dominance of the majority over minority, which is not the essence of bringing a uniform

code. The whole issue of the unfair personal laws in Shah Bano’s case or Sarla Mudgal’s case

occurred because of the inequality and unfair personal laws and its practice of applying laws of

divorce, property, marriage, and succession in a discriminatory nature. Men and women are not

treated equally under any of the personal laws and that is a major point which needs attention at

this juncture and not another storm of religious buffoonery. This cannot be achieved by altering

the laws alone but by altering the social attitude.201

201Leila Seth, A Uniform Civil Code, India International Centre Quarterly Vol. 31 No. 4, 40-54 (2005).



Article 44 enunciates that “The State shall endeavor to secure for the citizens a uniform civil code

throughout the territory of India”. This paper discusses the manner in which such uniformity shall

be endeavored and puts forward an argument where there shall be uniformity of rights rather than

uniformity of laws. This paper calls for constitutionality of personal laws and protection of legal

pluralism, cultural autonomy rather than envisioning a common code. Though there is no common

code, differences in personal laws can be bridged, this paper argues for immediate personal law

reform for making gender-just laws.

The term “endeavor”, used in Art. 44, means that “the drive of the State and the response of the

people should result in a revolutionary movement placed towards confiscation”. The expression

“civil code” connotes a code or law regulating civil matters including marriage, divorce, adoption,

guardianship and succession.202 Here, state includes both central and state governments as civil

code matters are placed in concurrent list.

FALLACIES OF COMMON CODE

The Myth of a Common Code

Most scholars argue in favor of common code as they believe that common code can unify people.

However, such an assumption is false as even though there has been passing of common Hindu

code, there still exist glaring differences within the Hindu community ranging from caste-ism to

gender discrimination. Thus, the idea that a common code unites people and develops national

integration and unity is a misconceived notion. Assuming that a common code is passed, such a

common code would have state amendments as the provision falls under concurrent list203, thereby

lacking uniformity as there would be various state amendments. Thus uniformity is also based on

region rather than religion. Certain north eastern states are constitutionally protected, even though

a uniform law is passed such law would not be applicable to them unless approved by their

202Dr. P.K. Pandey, Gender Justice and Uniform Civil Code: An Overview,https://ssrn.com/abstract=2485380, (last

visited Feb. 2, 2017). 203INDIA CONST., Seventh Schedule,Concurrent List (III List)Entry 5.



respective state legislatures.204Hence, even if a common code is passed the provisions of the act

are most likely to differ and such act would not necessarily be applicable throughout India.

Common Code and Uniformity of Rights

A common code has been enacted for Hindus which is applicable to Sikhs, Jains or Buddhists.

However, such common code has not resulted in uniformity of rights among different sexes, there

exist many anomalies in these provisions. When a female Hindu dies intestate, any property she

has inherited from her husband will pass to the husband's heirs, while such a provision does not

exist in respect of men who die intestate. If a married Hindu woman were a Sikh or Buddhist or

Jain, she continues to enjoy all her rights against her husband but if she were to become Muslim

or Christian, she instantly loses all her civil rights.205Special Marriage Act, 1954 (SMA), which is

one of the secular acts applicable across all religions has a provision which states Hindus, Sikhs,

Buddhists, and Jains who are not in a mixed marriage that is, both partners belong to one of these

faiths are allowed to retain their inheritance laws, which are again discriminatory in

nature.206Section 4 of the Christian Marriage Act, demands that a non-Christian's marriage to a

Christian must be solemnized by Christian rites only, however it is directly in conflict with

SMA.207These differential rights which are provided in various personal codes indicate common

codes do not necessarily provide for uniform rights, and can be highly discriminatory in nature.

SUPREME COURT AND EVOLUTION OF UCC

The first case in Supreme Court concerning various religious laws was Bombay v. Narasu Appa

Mali208, where legislative provisions modifying the old Hindu law were challenged on the ground

of being violative of Articles 14, 15 and 25 of the Constitution. The Bombay High Court held that

the Bombay Prevention of Hindu Bigamous Marriages Act, 1946 was intra vires to the

Constitution. Chagla C.J., held that “If the state of Bombay compels Hindus to become

204INDIA CONST., art. 371A, 371G. 205Ajaz Ashraf, “Ban triple talaq and abolish Muslim Personal Law Board, says former minorities commission

chairman”, https://scroll.in/article/724902/ban-triple-talaq-and-abolish-muslim-personal-law-board-says-former-

minorities-commission-chairman(last visited on Feb. 2, 2017). 206Special Marriage Act, (Act 43 of 1954), s.21. 207Indian Christian Marriage Act, (Act 15 of 1872), s. 4. 208Bombay v. Narasu Appa Mali, A.I.R. 1952 S.C. 84 (India).

https://scroll.in/author/391



monogamist, and if it is a measure of social reform then the state is empowered to legislate with

regard to social reform under Article 25(2) (b), notwithstanding the fact that it may interfere with

the right of a citizen freely to profess, practice and propagate his religion.” Supreme Court carved

out statutory personal laws such as the Hindu code and the Muslim personal laws from the purview

of Part III of the Constitution.209 Gajendra Gadkar J. thought that the classification made between

Hindus and Muslims for the purpose of legislation was reasonable and did not violate the equality

provision of constitution contained in Article 14. Court upheld the validity of different religious

which the state was empowered to enact under Article 25(2) (b) and the same would not amount

to violation of equality under article 14 as such classification was reasonable.

This case was followed in the landmark judgment of Mohd. Ahmad Khan v. Shah Bano Begum210,

a Constitution Bench consisting of five judges had heard the case. This case related to maintenance

of women under Code of Criminal Procedure(CrPC), however observations of court regarding

Muslim law and uniform civil code created controversy. This was a simple case where court had

to decide the maintenance of respondent in accordance with section 125 of CrPC, whereas court

read into scriptures of Muslim law to justify its decision. This line of reasoning by the court was

unnecessary as the court being a constitutional authority should justify its decision in accordance

with constitutional provisions and not according to religious scriptures. Such reasoning adopted

by the court created discord between Muslim community and judiciary, various Muslim religious

heads took reading of scriptures by court as a wrong interpretation and the decision increased

unrest as it was alleged that scriptures were wrongly interpreted which hit the sentiments of the

people. The judgment claimed Islam degrades women therefore all Muslims must be subjected to

a Uniform Civil Code. However, after the judgment there were various socio, political pressures

were applied on Shah Bano, where she got regular threats211. This judgment instead of providing

relief to the victim ended up creating greater problems.

The third important case relating to the present discussion is Jorden Diengdeh v. S.S. Chopra212.

In this case wife, the petitioner belonged to the Khasi tribe of Meghalaya who was born and

209Krishnaprasad K.V.,“Constitutional Scrutiny of Personal Laws”,The Practical Lawyer, Aug., (2011). 210Mohd. Ahmad Khan v. Shah Bano Begam, 1985 SCR (3) 844 (India). 211Milind Ghatwai,Revisiting Shah Bano’s Family, 31 years later: ‘My mother got threats after SC order, but stuck to

stand’, The Indian Express, April 24, 2016. 212Jorden Diengdeh v. S.S. Chopra, AIR 1985 SC 935 (India).



brought up as a Presbyterian Christian and the husband was a Sikh. They were married under the

Christian Marriage Act, 1872. A petition for declaration of nullity of marriage or judicial

separation was filed in 1980 under Sections 19, 20 and 22 of the Indian Divorce Act, 1869 on the

ground of impotence of the husband. However, the court did not give any relief to the victim,

instead the learned judge talked of the urgent need to enact a 'Uniform Civil Code'. This case

involved application and interpretation of the Christian Personal Law. Yet, the Supreme Court

(SC) judgment in the case examined neither the present state of Christian Personal Law in the

country nor the response of the Christian community to the issues of Personal law reforms and

UCC. Court instead of providing relief to the parties has been idealizing uniform civil code as a

panacea. In Sarla Mudgal v. Union of lndia 213, which related to a group of cases regarding

legitimacy of marriage where Hindu husbands had converted into Islam to legitimize their

bigamous marriage. Court held the second marriage of a Hindu husband after his conversion to

Islam as void marriage. However, obiter dicta of the court related uniform civil code to one nation

theory and indicated that those opposing UCC did not believe in single nation theory214 and stated

that there is no connection between religion and personal laws in a civilized society, effectively

ending legal pluralism and diversity of India. Constitutional Assembly Debates (CAD) clearly

indicates that enforcement of UCC should come from within the community rather than imposition

by various organs of the government.215 The courts in these judgments seem to have not taken the

ground reality of the situations into consideration and ignored the CAD.

In Danial Latifi216, 2001, the SC decisively ruled that Shah Bano had not been superseded by the

act Muslim Women (Protection of Rights on Divorce) Act, 1986 and it must in fact regulate its

implications and application.217 Supreme Court held that it is not unreasonable in Indian law to

make distinctions based on community membership. In John Vallamattom and Anr v. Union Of

213Sarla Mudgal v. Union of India, (1995) 3 SCC 635 (India). 214 In Sarla Mudgal’s case, J. Kuldeep Singh explains:“Those who preferred to remain in India after the partition, fully knew that the Indian leaders did not believe in the two nation or three nation theory and that in the Indian republic

there was to be only one nation - Indian nation - and no community could claim to remain a separate entity on the

basis of religion”. 215Mohd. Shabbir, Muslim Personal Law, Uniform Civil Code, Judicial Activism : A Critique, XII Alig. L.J. 1997,

47.Dr. Ambedkar persuaded the Muslim members "Not to read too much into Article 44". He affirmed even if the

Uniform Civil Code was implemented it would be applicable to those who would consent to be governed by it.'- 216Danial Latifi v. Union of India,AIR 2001 SC 3958. 217Tahir Mahmood, For all the Shah Banos’, The Indian Express,

http://indianexpress.com/article/opinion/columns/for-all-the-shah-banos/, (last visited Feb. 2, 2017).

http://indianexpress.com/article/opinion/columns/for-all-the-shah-banos/



India218Section 118 of the Indian Succession Act, was held to be "unreasonable", "arbitrary and

discriminatory and, therefore, violative of Article 14 of the Constitution". Thus, court has struck

down this personal law as it violates right to equality.

RELIGIOUS LAWS AND LEGAL PLURALISM

Religious Laws and Identity

India has historically been a multi cultural society.It is important, therefore, to acknowledge

the evolutionary history and diversity of personal laws. The Mughal policy of allowing non-

Muslims to be governed by their religious family and inheritance law was continued by the British,

who extended it to all religious communities including Muslims.219 Warren Hastings Plan of 1772

provided that Hindus and Muslims were to be governed by their own laws in disputes relating to

inheritance, marriage, caste and other religious usages and institutions220. After independence the

Indian state strictly followed the policy of noninterference adopted by the British i.e. the demand

for reform of personal laws must arise from within the community.221 The same has been stated in

our Constitutional Assembly Debates. Thus law and religion have been closely connected and

intertwined in India. It is due to this interconnection that identity has been shaped by religious

laws.

Once Lord Bryce speaking on the nature of Muslim law observed:

"In Islam, law is religion and religion is law because both have same sources and an equal

authority being both contained in the Divine Revelation…A revelation which covers whole

sphere of man's thoughts and actions."222

However, religious laws of Muslims is also questionable as the law which is followed by Muslims

also has a lot of human element in it as the original law is being translated many times and

218John Vallamattom and Anr v. Union Of India,JT 2003 (6) SC 37 (India). 219Cyra Akila Choudhury, (Mis)Appropriated Liberty: Identity, Gender Justice and Muslim Personal Law Reform in

India , 17 Colum. J.Gender & L. 45 (2008). 220Tanja Herklotz,Dead Letters? The Uniform Civil Code through the Eyes of the Indian Women's Movement and the

Indian Supreme Court, Verfassung und Recht in Übersee VRÜ 49, 148-174 (2016). 221Indira Jaising, Women And Law – An Assessment, http://www.lawyerscollective.org/updates/women-and-law-an-

assessment-indira-jaising.html (last visited on Feb. 10, 2017). 222TheRt. Hon. Lord Macmillan, “Law and Other Things”,CUP59-60 (1937).



interpretations by British courts as taken the essence of the pure Koranic laws and given it varied

meaning. This interference of human element and bending it according to suitability in this

patriarchal society has made it more vulnerable and unjust for the women of this community.

Muslim personal law – Creation of Identity

Muslim Personal Law has become so interwoven with significance for Muslim identity that

dismantling the law or even reforming it constitutes a threat to this identity. 223 The Muslim

personal law is part of the Shariah law and the Shariah law is integral part of Islam. Some scholars

argue that under Islam the concept of religion covers the whole life cycle and even the hereafter.

Law and religion under Islam cannot be separated.224

Socio economic status of a community plays a key role in reforming any religion. There is a much

greater degree of power and illiteracy among Muslims compared to other communities.225 There

is very weak middle class among them, to advocate modernization and change. It is precisely for

this reason that priestly class has much greater hold over the community.226Demands made by the

women's movement from time to time have been ignored and religious heads have become the

main spokesperson of Muslims.227However, as long as the majority sees polygamy and triple talaaq

as an integral part of Islam there will be repercussions in the society. Thus, uniform civil code

which completely tinkers with the personal laws enshrining a different set of identities is certainly

anxiety-provoking and legitimate, but less so than leaving unchallenged or unchanged the current

identities.228.Dr. B.R. Ambedkar in the CAD cautioned the government on acting against the will

of the people and said: “Sovereignty is always limited, no matter even if you assert that it is

unlimited, because sovereignty in the exercise of power must reconcile itself to the sentiments of

different communities. No government can exercise its power in such a manner as to provoke the

Muslim community to rise in rebellion. I think it would be a mad government if it did so. But that

is a matter which relates to exercise of power and not the power itself'.”UCC should not divide

223Cyra, supra note 19. 224Lord Macmillan, supra note 22. 225Azra Khanam & P. K. Mathur, “Status of Muslim Women: An analysis of Sachar Committee

Report”,http://www.muslimsocieties.org/Vol_4_No_1_Status _of_Muslim_Women _in_India .html(last visited on

Feb. 10, 2017). 226Id.at 27. 227Indira Jaising, supra note 21. 228Cyra, supra note 19 at 65.

http://www.muslimsocieties.org/Vol_4_No_1_Status_of_Muslim_Women_in_India.html



people on communal lines. Dr. Ambedkar suggested to Muslim members, "not to read too much

into Article 44" and declared that Uniform Civil Code will be applicable only with their

consent.229But the concern with regard to UCC is about gender justice today. Here the question is

not about communal issues but centers on equality between gender and abolition of all the laws

which discriminate between the rights of men and women.

Thus, challenges in the present case are regarding reforming of personal laws and caution with

which such reform has to be undertaken so as to gain support of the people. What the nation lacks

at present is a statesman who can reflect and communicate the views of the minority communities

and to address their concerns. The BJP led Government, cannot claim to have the trust of Muslims

and neither the Muslim Personal Law Board, as it has been catering to a certain group of Muslims

which is apparent from its submissions in the court: "Marriage is a contract in which both parties

are not physically equal. Male is stronger and female is a weaker sex.”If such notion exists in the

society even today then there will never be a “right time” to enact a uniform civil code. There is

no better time to fulfill a long felt dream of uniformity of rights in regard to Article 44 of the

Constitution. All it needs in hard work, dialogue and public debate to change the mindset with

empathy.230"The desirability of Uniform Code can hardly be doubted. But it can concretize only

when climate is properly built up by elite of the society, statesman amongst leaders who instead

of gaining personal mileage rise above and awaken the masses to accept the change."231Uniformity

of rights by amending personal laws would not threaten personal laws and sentiments of people as

much as a common code, as amendments in religious laws just aims at making personal laws just

rather than imposing a common code.

Legal Pluralism and Gender Equality

Indian Constitution itself provides right to equality and freedom of religion under Articles 14, 25

and 26respectively.There is clearly no way to reconcile the Constitution's fundamental rights of

individuals with the personal laws that do discriminate. 232 Diverse standards for diverse

229Lord Macmillan, supra note 22. 230Leila Seth, supra note 1. 231Lily Thomas, Etc. v. Union of India & Ors., (2000) 6 SCC 224 (India). 232Cyra, supra note 19 at 23.



communities are not the problem; standards that subordinate women to men are.233Freedom of

religion is the core of our culture. Even the slightest deviation shakes the social fiber but religious

practices, violative of human rights and dignity and sacerdotal suffocation of essentially civil and

material freedoms, are not autonomy but oppression’.234India too has ratified Convention on the

Elimination of all Forms of Discrimination against Women (CEDAW) with a declaration to limit

its obligations relating to changing the discriminatory cultural practices within the community and

the family. Hence, with regard to articles 5(a) and 16(1) of the Convention, India declares that: “it

shall abide by and ensure these provisions in conformity with its policy of non-interference in the

personal affairs of any Community without its initiative and consent”. 235 There has to be

reconciliation between different religious laws and gender equality. The pivotal question at this

juncture is, should women’s rights be sacrificed to protect legal pluralism?

Women have constantly been approaching courts to obtain relief from various unjust personal

laws. The very concept of Uniform Civil Code clashes with the religious and cultural freedom

guaranteed to every citizen. For reconciliation, there should be a reform supported by the state

and undertaken by progressive members of the community in partnership with secular feminists

and other groups interested in gender justice which is the best option for the immediate future.236

Both legal pluralism and gender justice laws can be accommodated by amending personal laws to

provide gender equality, which would not amount to breach of legal pluralism where as the

alternative of common code would affect legal pluralism of India to a greater extent by invalidating

religious laws of various communities.

Politicization of UCC

Identity politics has become a key facet of Indian politics in the recent years. Politicians have been

fighting elections mainly on the basis of caste, communities, religion and thus have aggravated

feeling of identities. Secular institutions have been co-opted by the Hindu Right to promote

Hindutva, Indian-Muslims have had some cause for mistrust and concern.237 Enactment of the

233 Cartharine A. MacKinnon,“Sex equality under the Constitution of India: Problems, prospects, and ''personal

laws", 4Int’l J. Const. L., 181-202 (2006). 234Sarla Mudgal v. Union of India, AIR 1995 SC 1531 (India). 235 Shivam Garg, Uniform Civil Code: In Context of Secularism,

https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2343500, (last visited on Feb. 2, 2017). 236Cyra, supra note 19 at 36. 237Cyra, supra note 19 at 40.

https://papers.ssrn.com/sol3/papers2.cfm?abstract_id=2343500



Muslim Women (Protection of Rights on Divorce) Act of 1986 shows the extent to which women's

rights are susceptible to political pressure and manipulation.238There exists a fear among minorities

that Hindu law will be imposed on them in the guise of UCC as there has been hijacking of the

topic by Hindu nationalist parties and BJP made the topic of the UCC part of its own political

agenda. Minorities feel that UCC is being used as a "political weapon", and as a tool to silence

religious minorities. There should be less of politics and more of gender-justice.

CONCLUSION

This paper recommends amendments in personal laws where various remedies such as divorce,

maintenance, inheritance would be common across various religious laws but the personal laws

regarding conduct of marriage in accordance with traditions and cultures would be untouched.

There is no denying the fact that a common uniform code is desirable, by including these

amendments essential background is created for envisaging a common uniform code in future.

"A uniform law, though is highly desirable, enactment thereof in one go perhaps may be

counterproductive to unity and integrity of the nation... Making law or amendment to a law

is a slow process and the legislative attempts to remedy where the need is felt most acute.

It would, therefore be inexpedient and incorrect to think that all laws have to be made

uniformly applicable to all people in one go."239

Thus, there is a need for amending personal laws and rather than a common code, a uniform civil

code is the need of the hour. Necessary amendments in personal laws which would be gender just

and equal creates a uniform base of constitutional values as each proviso would be constitutionally

compatible. Gender equality will be the defining feature of the amendments in personal law where

secular options coexist within personal laws. With regard to personal matters it could be imagined

that law, rather than enforcing religious authority, can facilitate equality by making all family laws

gender non-discriminatory. The conceptual issue for legal scholars is to develop arguments that

gender and religious autonomy can coexist.240Flavia Agnes argues that "small and significant

238Cyra, supra note 19 at 43. 239 Lord Macmillan, supra note 22 at 55. 240 Archana Parashar,Gender Inequality and Religious Personal Laws in India,XIV Brown Journal of World

Affairs,Issue 2 Spring-Summer 111, 103-112 (2008).



reforms within the personal laws governing minority communities have greater relevance to

minority women than the rhetoric of an all encompassing and overarching UCC with its communal

undertones".241 This would pave way for gradual transformation of religious laws. In a nation like

India it is not possible that the religious personal laws must be wiped out completely.

Prof. Werner Menski describes the call for a UCC, if understood as an abolition of the personal

laws and the complete restructuring of the Indian legal system, as "asking for the moon, totally

unrealistic and simply not feasible". India has found a "mirror image" of the UCC. 242

Consequently, Article 44 is still very much alive, in the sense that its essence - uniformity and

equality - is provided through other means 243 i.e., amendment of personal laws. However,

amendment should provide just and common remedies

inmattersofproperty,marriage,divorce,maintenance,adoptionandsuccession. Equity will be the

basis of amendment of religious laws. These changes would create a different kind of uniform

code than originally envisaged by our constitution makers i.e., uniformity of rights and uniformity

of law. The government has also failed to provide us with a draft UCC, on which proper debates

can be held. All the talk about UCC hangs in the air without proper draft legislation as its concrete

laws and rules cannot be figured. Hence, the legislature should first provide us with a draft UCC

in public domain so that people will have a choice to accept or criticize it.

For good implementation of any legislation, its acceptance is important and it should have a very

strong social backing. The human element is a big factor here. Developing this human factor is

again a challenging task as breaking certain iron-clad notions, ideas and practices takes time and

efforts. Education can come to rescue and catalyze this process; it will give thinking power to

individuals and the boon of perspectives. This in turn will help us as a community to realize right

from wrong and get us out of the cobweb of obsolete religion-based arguments. Along with

propagating education, introduction of ‘Constitutional Law’ as a mandatory subject in curriculum

of schools (in middle school – 9th or 10th standard) will be a great step, as individuals will know

what rights does their nation provide and what platforms are available to enforce such rights,

moreover this will lead to each one of us respecting each other’s rights as well. It is essential for

every citizen to understand constitution, to realize its values. This will make the society open and

241Tanja Heklotz, supra note 20 at 16. 242 Tanja Heklotz, supra note 20 at 16. 243Id. at 27.



full of thinking individuals, both men and women would realize the powers and limitations which

their country provides. This will help in growth of the human element and lead to fundamental

change as well. If this is done successfully all the amendments to personal laws will be readily

acceptable and also a uniform civil code in near future.

So, let us slowly move into the sunlight for, in the words of Martin Luther King: “Injustice

anywhere is a threat to justice everywhere.”

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