Dr. Ram Manhohar Lohiya National Law University: Uniform Civil Code With Emphasis On Shah Bano Case

Dr.
Ram ManoharLohia National Law University --- Basics Of Case Law---Final

Draft
DR. RAM MANHOHAR LOHIYA

NATIONAL LAW UNIVERSITY
Uniform Civil Code with emphasis on Shah Bano Case
SUBMITTED BY:
UNDER THE GUIDANCE OF:
ANJANAY PANDEY
MR. SHASHANK SHEKHAR
ROLL NO: 29
FACULTY OF LAW
SECTION A
DR. RAM MANOHAR LOHIYA
B.A. LLB (Hons.), SEMESTER I
NATIONAL LAW UNIVERSITY
SIGNATURE OF STUDENT
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SIGNATURE OF PROFESSOR
Dr. Ram ManoharLohia National Law University --- Basics Of Case Law---Final
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ACKNOWLEDGEMENTS
I would like to express my gratitude towards all those whose help and constant support the
project would not have reached its current facet. I would take advantage of this situation to
thank my parents and my guardians without whose constant support and guidance, I really
owe it a lot to them.
However, foremost I would like to thank Shashank Sir for his kind guidance and for
quenching my queries on many doubts and technicalities which I came up during the making
of this project; this project would not have seen the light of the day without his constant
direction and guidance.
I would also like to thank all of my friends and seniors who aided me along the way. I must
also extend my gratitude to the library and library personnel who provided me with research
material and good books to work upon.
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Serial
Topics
Page Number
Introduction
Article 44
Personal Laws
Case Brief
Repercussions of Decision
10
MWP Act 1986
11
Danial Latifi case
12
Goa Civil Code
14
Piecemeal reforms
15
10
UCC and SC
15
11
Concluding Remarks
16
12
Bibliography
17
Numbe
r
Introduction
Uniform Civil Code(From hereby referred as UCC) or Common Civil Code is a topic that
causes much furor in a pluralist diverse democracy like India, it is a topic which has been the
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hot bed of discussion from its inception into the Indian constitution. With time it has gained
the center stage of the convoluted politics in India, which is driven more by sentiments than
logic. It also is a topic which veritably shows how the lack of initiative on the side of
legislature would nullify the effect of good counsel by the esteemed judiciary. In short, it is a
very controversial topic which irradiates a reader about the hindrances and obstacles in the
way of democratic reform in a country like ours.
The term civil code is used to cover the entire body of laws governing rights relating to
property and otherwise in personal matters like marriage, divorce, maintenance, adoption and
inheritance. As things stand, there are different laws governing these aspects for different
communities in India. Thus, the laws governing inheritance or divorce among Hindus would
be different from those pertaining to Muslims or Christians and so on.
The demand for a uniform civil code essentially means unifying all these "personal laws" to
have one set of secular laws dealing with these aspects that will apply to all citizens of India
irrespective of the community they belong to. Though the exact contours of such a uniform
code have not been spelt out, it should presumably incorporate the most modern and
progressive aspects of all existing personal laws while discarding those which are retrograde.
Having a common civil code would mean that the variances and the special provisions that
create so much confusion and anger would be uniform. There would not be any difference in
the implementation of laws since they will be the same for all and finally all the citizens of
the country could be on an equal footing. The problem of arbitrary nature of some of the laws
would easily be dealt with since then these laws could be challenged easily and removed
without facing the angst of the public. These would be easily amendable and would not be
anachronistic in their nature.
Article 44
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Article 44 of the constitution of India lists Uniform Civil Code as one of the Directive
Principles of state policy. Directive Principles of State policy, which comprises the Part IV of
the Constitution of India, are guidelines for the State and Central governments to help them in
framing laws and policies. However these Directive Principles shall not be enforceable by
any court, but the principles therein laid down 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, according to Article 37 of the Constitution which talks about the application of
the Principles contained in Part IV.1
This article requires the state to take necessary steps to propagate the idea and to take steps to
bring Common civil code in India. When this article was discussed by the constituent
assembly as Article 35, Mohd. Ismail Sahib wanted the proviso Provided that any group,
section or community of people shall not be obliged to give up its own personal law in case it
has such a law to be inserted. 2 He gave the examples of Yugoslavia wherein there were
different laws for Muslim population in matters of family law and personal status. Two
arguments were put forward by the opposing side, firstly, it would infringe the freedom of
religion guaranteed by Article 25 and secondly that it would be a tyranny to the minority who
has to give up their practices for the favor of those followed by the majority. 3 The first
objection is misconceived, since Clause (2) of the Art. 25 specifically saves secular activities
of state associated with religious practices from the guarantee of religious freedom contained
in Clause (1) of the Art. 25.4
As for the second objection, Shri K.M. Munshi gave the examples of countries like Egypt and
Turkey with predominantly Muslim populations which have no special rights for the
minorities. He also gave example of the Khojas and the Cutchi Memons, who dissatisfied
with the enactment of Shariat Act since they had since old followed certain Hindu customs.
He even gave example of European countries, most of them having a Common civil code and
1 Khanjan Rawani, What is Uniform Civil Code that has been promised in BJPs manifesto
DNA(Mumbai, 7 April 2014).
2 Constituent Assembly of India Debates, Vol VII, 23 November 1948.
3 V.N. Shulka, The Constitution of India (10 edn 2001, Eastern Book Company) 308.
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that everyone in that country, be it an immigrant or a resident has to follow them. 5 However,
Art. 44 is in the Part four of the constitution, i.e. it is not enforceable. Article 37 lays down
the basic framework wherein the part IV can apply. Part IV contains articles 37 to 51; it
contains what may be described as merely obligations of the state. The Directive Principles of
State Policy possess mainly two characteristics, first, they cannot be enforced in any court of
the country, and second, if state does not follow the guidelines given in DPSPs, its obedience
or implementation cannot be secured through judicial proceedings.6 Part IV of the
constitution is designed to bring out the social and the economic revolution promised at the
time of independence; these principles which aim at making the Indian masses free in
positive sense ordains that the state shall strive to promote the welfare of the whole people.7
Personal Laws
Merriam Webster dictionary defines Personal laws as law that applies to a particular person
or class of persons only wherever situated distinguished from territorial law. Personal laws
are that body of laws whose content differs from person to person based on his ethnicity or
religion. These laws are separate from the territorial laws, given the universality of the
previous one. These generally apply on the matters relating to family law, inheritance,
adoption, marriage, divorce, property etc. It was thought that in order to guarantee the
principle of secularism, the state ought to remove the variances in the personal law and
replace it with a uniform civil code since the conception of a secular state presupposes a
uniform civil law.8
7 Shailja Chander, Justice V.R. Krishna Iyer on Fundamental Rights and Directive Principles (2003,
Deep & Deep Publications) 242.
8 Rajeev Bhargava(ed), Secularism and its Critics (6 edn 2007, Oxford India publishers) 245, 246.
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These are more or less based on the observed customs and rituals being carried on since time
immemorial and legislations which codify them. They are somewhat hereditary in nature; in
that laws relating to religion and customs will be assessed based on the standing practices.
The first exercise of separate laws for separate subjects, which is modern days contentious
topic, was from the time of Sir Warren Hastings. He imposed the Muslim law on Muslims
and the Hindu law on Hindus on certain matters of litigation. He believed that it would be a
great evil to impose on Indian people a foreign legal system. Britons followed the example of
Romans who allowed their foreign subjects the right to practice their own religion and laws.
In course of time, Hastings policy of preserving the indigenous Indian laws came to be
appreciated and eulogized; it came to be recognized that to ensure the stability of British
government in India, it was of fundamental importance the affections of Indians be
conciliated.9
He, due to the ignorance of local laws and lack of codification, even made available native
law officers i.e. Kazis and Pandits, who would assist the judges in deciding. Soon however,
this system gave way to faults and loose points. There was an inherent lack of trust between
the judge and native law officers. This in turn led to the ascertainment of Hindu and Muslim
laws.10
9 M.P. Jain, Outlines of Indian Legal and Constitutional History (6 edn, 2008,LexisNexis
Butterworths) 530.
Butterworths) 530.
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Case Name-Mohd. Ahmed Khan v Shah Bano Begum and Othrs.

Citation- AIR 1985 SC 945; 1985 2 SCC 556; 1985 Cri. L.J. 875
Coram- Y.V. Chandrachud, C.J.; D.A. Desai, O.Chinnappa Reddy, E.S. Venkataramiah &
Ranganath Misra, JJ.
Case History-The appellant who was married to the respondent in 1932, drove her away in
1975 after having three sons and two daughters. The respondent in 1978 filed an appeal in the
local district court of Indore under section 125 of Cr. P.C. for the maintenance provision of
rupees 500 a month. The appellant, in November 1978 divorced the respondent by an
irrevocable talaq. He argued that the respondent had ceased to be his wife and he was no
longer obligated to maintain her, and that he had deposited a sum of rupees 200 per month for
about two years and that he had already deposited a sum of rupees 3000 in the court by the
way of dower during the period of Iddat. The district court allowed the respondent
maintenance of Rupees 25 per month and the High Court increased it further to Rupees
179.20 per month. The appellant then filed a special leave petition in the Supreme Court
under Article 136.
Note- Despite having two case laws applicable in this case namely Bai Tahira v Ali
HusainFidalli Chothia11 and Fazlunbi v K.Khader Vali12, the division bench comprised of
11 (1979) 2 SCR 75; AIR 1979 SC 362.
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Murtaza Fazal Ali and A. Varadrajan decided that these were not properly decided and
referred this matter to a larger bench.
Questions before the court
Whether Sec. 125 of Cr.P.C. applies to Muslims?

Does the Muslim law provide no obligation on the husband to provide for the
maintenance of his divorced wife?

Whether the provisions of sec 125 are in contravention or overriding the Muslim
personal law Shariat application Act 1937

Whether the liability of husband to maintain his wife is limited to the period of iddat?
Whether Mahr is alimony, dower or an amount in consideration of marriage payable
at the end of divorce?
Appellants Arguments
Under the Muslim Personal Law, the liability of the husband to maintain a divorced
wife is limited to the period of Iddat.

Sec. 127(3)(b) provides for a valid defense that if a woman has been paid the
settlement money under any personal law, she cannot lay claim under Sec. 125 and
that Mahr is an amount payable on divorce.

The discussions of Rajya Sabha when passing the Code of 1973 which clearly show
that if any change has to come, it has to come from within the Muslim Community
itself.
The Judgment
Sec. 125(1)(b) provides that wife includes a woman who has been divorced by, or
has obtained a divorce from her husband and has not remarried. The statutory right
available to her under that section is unaffected by the provisions of the personal law
applicable to her.
Sec. 125 overrides the personal law, if there is a contravention between the two.
The appellants arguments are insufficient to prove that a Muslim husband is not
obligated to provide maintenance of his divorced wife, who is unable to maintain
herself.
12 AIR 1980 SC 1730.

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Muslim Personal Law does not take into account the situation when the divorced wife
is not able to maintain herself, therefore the argument that the liability of a Muslim
husband to pay maintenance is limited to period of iddat.

The Quran has an undisputed authority over the Muslim Personal Law, and its Ayat
number 241 and 242 say that- For divorced women maintenance(should be provided)
on a reasonable scale, this is the duty of the righteous; Thus doth god make clear his
signs to you in order that you may understand (Note- Appellant contended that
Mata does not mean maintenance but provision, but the court held that it is a
distinction without difference and All India Muslim Personal Board said that Mutta
Queena means more pious and does not apply for the general run). Thus, the aiyats of
the Quran impose an obligation to make provision for the maintenance of the divorced
wife.
The fact that Mahr or dower is paid at the dissolution of Marriage does not prove that
it is payable at the time. Mahr is an amount paid for the consideration of marriage but
it is not paid in consideration of Divorce ergo it does not come under the purview of
Sec. 127(3)(b).
A Muslim wife is entitled for maintenance under Sec. 125 and Mahr is not a sum
payable on divorce and thus does not come under Sec 127.
Th government should strive by its constitutional promise of relizing its obligation
under Art 44 and should forward itself towards a Common Civil Code.
Order- The SC dismissed the appeal and confirmed the judgment of the HC, the appellant
will pay the cost of the appeal which is ten thousand rupees.
Repercussions of the Decision

The view pronounced in Shah Bano was that if a divorced woman cannot maintain herself, it
would appear to be rational, reasonable and sociologically relevant to grant her the right of
maintenance.13 This view was favored by the liberals, however it was met with strict
opposition from the traditionalists. It was seen as if this act would curtail every Muslims
right to carry on his religion, it was seen as though the state would necessarily violate the
principle of secularism and would affect an erosion of Muslim personal laws.
Butterworths) 569.
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Widespread anger charged amid the masses. The other political interests also sought to use
this occasion to secure their own interests. This anger intensified and it was difficult to
control. The knowledge about this act in the minds of the outraging public was scant and this
led to origin of a lot of rumors and misconceptions regarding the decision. The only argument
that the traditionalist could come up with while countering the decision was that it was
violative of traditional Muslim law.
The state had previously codified and reformed the Hindu personal law in 1950s, however
this time the situation was rather different. Even though the laws of Hindus themselves were
rather varied, they occupied the majority throughout the history of the country. In the cases of
reforms in Muslim laws, however, there was the problem that they were in the minority. Since
the time of the constitutional assembly debates on Article. 35(Now Art. 44) to the current
scenario, any attempt to make reforms or changes in the Muslim laws is met with a fierce and
often ill-informed resistance. There is an inherent lack of knowledge amongst most of the
people about the actual content and the implications of the Muslim laws. This ignorance gives
way to problems of ignorance which breeds the issue of misinformed choices and resistances.
Each step to change and alter the laws to make them more in tune with modern scenario is
met with distrust due to many caprices.
This situation was no different. The tension led to Shah Bano herself withdrawing her claim
of maintenance.14 The rigid approach of Muslim leadership provided further fuel to Hindu
Right wing forces in their anti-Muslim propaganda. This placed the secular groups in
awkward position, in order to separate themselves from the right wing Hindu forces. They
withdrew the resistance.
The congress faced defeat in several state assembly elections in 1985-86, as the muslim vote
tipped the favor to opposition parties. Against this backdrop of dwindling support, the
government decided to enact the Muslim women Protection from Divorce Act 1986. This act
was an effort to pacify the Muslim sentiments which were ruffled due to the Government
reopening the locks of the disputed shrine in Ayodhya.15
14Flavia Agnes, Women and Law in India (2006, Rashtriya Printers) 103.
15 Flavia Agnes, Women and Law in India (2006, Rashtriya Printers) 103.
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Muslim Women (Protection of Rights from Divorce) Act 1986The supreme courts decision in Shah Bano was subject to a prolonged agitation by Muslim
fundamentalists, resulting in the passing of Muslim Women (Protection of Rights on Divorce
Act) 1986 (herafter referred as MWP). It was claimed, within it, that this act woul give
Muslim women more than the Section 125 of Cr.P.C. and that this act should be welcomed as
a first step towards codification. 16 The act lays down that a divorced woman can claim
reasonable and fair provisions and maintenance from her former husband and the former
husband must do so within the period of iddat, and his obligation is not confined to the period
of iddat only. Where a Muslim divorced woman is unable to maintain herself after the period
of iddat, the Magistrate is empowered to make an order for the payment of maintenance by
her relatives who would be entitled to inherit her property on her death according to Muslim
law in the proportions in which they would inherit her property. If any one of such relatives is
unable to pay his or her share on the ground of his or her not having the means to pay, the
Magistrate would direct the other relatives who have sufficient means to pay the shares of
these relatives also. But where, a divorced woman has no relatives or such relatives or any
one of them has not enough means to pay the maintenance or the other relatives who have
been asked to pay the shares of the defaulting relatives also do not have the means to pay the
shares of the defaulting relatives the Magistrate would order the State Wakf Board to pay the
maintenance ordered by him or the shares of the relatives who are unable to pay.17 Another
significant point to be noted is that Section 5 of the act gives the option to the parties when
they first appear before the magistrate on the application of wife under section 3, to be
governed by this act or by Section 125 of Cr.P.C. 1973, this indicates that there is no
inconsistency between two provisions.18
16 Paras Diwan, Law of Marriage and Divorce (5 edn, 2008, Universal Law Publishing) 686.
17 Danial Latifi v Union of India, (2001) 7 SCC 740.
18 Paras Diwan, Law of Marriage and Divorce (5 edn, 2008, Universal Law Publishing) 694.
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The validity of MWP was challenged before SC by way of writ petition in the case of Danial
Latifi19 the judgement was delivered by a five judge bench.20
Danial Latifi caseMWP Act challenged under Cr.PC. section 125 which provided for maintenance of wives
along with divorced wives, petitioned that Sec. 125 was enacted as a matter of Public policy
in order to help those divorced women who were unable to maintain themselves. Sec. 125
alos furthers the concept of social justice embodied in Art. 21 of the constitution and
excluding divorced Muslim women from its purview would be discriminatory towards them,
also violating the Art, 14 and 15 of the constitution. The inevitable effect of this act is to
nullify the effect of the decision given Shah Bano, which is most improper. They also claimed
that the cat is un-Islamic and that it undermines the basic secular character of the constitution.
The government of India contended that the need to adjust a communitys personal law was a
valid reason for enacting this legislation. The All India Muslim Personal Law Board said that
the court had erred while attempting to interpret religious tenets in an unfamiliar language,
and that while the objective of this act was to prevent vagrancy of the women who were
divorced, its another motive was to save the husbands from being unnecessarily penalized.
They held that the term in Section 3(1)(a), the terms maintenance and special provisions
had one and the same meaning.
The Supreme court of India, while upholding the validity of the Muslim Women (Protection
of Rights on Divorce) Act 1986, opined that the wording of Sec. 3, which provides that a
divorced women is entitled to provision and Mahr, seems to show that the Muslim husband
has two separate and distinct obligations, to make provision for his divorced wife and to
provide maintenance to her. The court also held that any such reasonable and fair provision,
extending beyond the iddat period must be made in accordance with sec. 3(1)(a) of the act. It
clarified that the emphasis in the section is not on the nature or duration of such provision
and maintenance but rather on the time period within which their mode of payment should
19 Danial Latifi v Union of India (2001) 6 SCALE 537;(2001) 7 SCC 740.
20 Kusum, Family Law Lectures Family law I (2 edn 2008, LexisNexis Butterworths) 263.
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be finalized. It also clarified that to hold the act as being less beneficial than the provisions
of Chapter IX of Cr.P.C. would result in an unreasonable discrimination against divorced
muslim women and would be violative of Articles 14, 15 and 21. The court in this case
applied the Subsidiary rule of Interpretation of Statutes in favor of constitutionality of the act
in question.
It also held that it is not applicable on those separated couples whose marriage was
solemnized under the Special marriage Act, 1954. The court also observed that the true
position is that if a divorced wife is able to maintain herself, then the husbands obligation for
payment of maintenance ceases after the iddat period, but if she is not able to maintain herself
then she is entitled to have recourse in Sec 125 of Cr. P.C. The court additionally held that the
issues in the implementation of sections 3(1)(a) 3(3) would be worked out with reference to
the needs of the divorced woman, the status of the husband and the standard of life being
enjoyed by the women during the subsistence of marriage. It further held that there exists no
specific reason why this payment cannot take the form of regular payment of alimony.
Defending the act, the court said that there is no discrimination where the state enacts laws
for a particular group, which are equally or more beneficial than that provided in the earlier
general law then prevailing.
Goa Civil CodePerhaps the most valuable living legacy left in Goa by the Portuguese is a codified system of
Law: the Portuguese Civil Code of 1867 and the Code of Civil Procedure of 1939, which
encompass the entire spectrum of Civil Law. It is a codification divided into four
sections. Part I contains Articles 1 through 17 delineating the basic provisions of the Code,
the most important of which is Article 7, which establishes the principles of racial and gender
equality. Part II further develops these provisions. Part III deals exclusively and
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comprehensively with property rights. Part IV concerns itself with matters of civil
responsibilities infringement of rights and their restitution.21
In 1962, an enactment of the Indian Parliament, the Goa, Daman and Diu Administration
Act, provisionally kept Portuguese civil laws in force in Goa until or unless repealed by the
Legislature or another competent authority. Thereafter, with the passing of a number of other
Parliamentary Acts pertaining to legislation in areas such as Contracts, Transfer of Property ,
Easement Rights , Registration and so forth, the corresponding provisions in the Civil Code
of Goa have been superseded. Only those provisions in the Civil Code pertaining to Family
Laws and Usages have so far survived incursion. These include the laws appropriate to
marriage/divorce, succession, guardianship, property, Torts, domicile, possession, access, and
waterways, among others.22
The reason why this code is rather different from all the other laws is because it has the
concept of absolute equality. For the most part, the civil laws currently in force in Goa that
pertain to marriage, divorce, protection of children and succession are non-discriminatory in
terms of caste, ethnicity or gender. And this is an advantage that does not exist in the rest
of India, where the population is governed by Common Law, and in which there exists a
lacunae where the protection of the rights of women and children are concerned.
Piecemeal ReformsIn free India, the governments made only few attempts to secularize the personal laws or to
enact them in such direction. However there are still some laws which prove that the
legislature is slowly but steadily trying to secularize the personal laws. The special Marriage
Act, 1954 is one such example. This act for the first time brought a code of a secular code of
21 Margaret Mascarenhas, Goas Civil Code <http://mmascgoa.tripod.com/id12.html> accessed 30
October 2014.
22 Margaret Mascarenhas, Goas Civil Code <http://mmascgoa.tripod.com/id12.html> accessed 30
October 2014.
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marriage, divorce and inheritance, the marriage was monogamous and the divorce was
permitted on the progressive ground as mutual consent also it enabled Indians to marry
irrespective of their religion and without renouncing their religion. 23 However it was optional
and was not imposed compulsorily on the whole citizenry of the country.
Other acts like the Hindu Code of 1955-56 were seen in dubious light. While some hailed this
act as being the first step towards UCC, others thought that it would be better that the
government directly implements UCC.24 This act brought reforms in the Hindu Personal Law
which was rather varied. The step to provide a uniform law governing adoptions was also
opposed by the Muslim and the scheduled caste community when the Indian Adoption Bill
1976 was enacted giving Indians all over the power to adopt a child of any religion. 25 Even
the section 125 which replaced the old codes section 488 was secular in that it warranted that
any wife unable to maintain herself can claim compensation from her husband and also
included within its purview the wives who were divorced and had not remarried. 26 Another
significant step is the compulsory registration of marriage under the Compulsory Registration
of Marriages Act 2006, which will strive to curb the problems of child marriages, polygamy
and woman;s legal insecurity regarding marital status.27
UCC and Supreme CourtSC has always stressed on democratic reforms in the country. Needless to say that it has,
through its numerous decisions opined and clearly stated that UCC is the need of the hour. It
23 Ajai Kumar, Uniform Civil Code: Challenges and Constraints (2012, Satyam Law International)
98.
24 Ajai Kumar, Uniform Civil Code: Challenges and Constraints (2012, Satyam Law International) 99, 100.
101.
103.
106.
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is a measure not only to ensure the ideals of equality and secularism in the country; it would
also decrease the efforts of judiciary to curb with the cases born out of confusion between
different family laws.
These family laws may be the rule in the respective communities or religions in which they
apply, however when they clash with the provisions of secular law (Shah Bano case), when
they are misused by the others to achieve certain means (Sarla Mudgal Case 28) or when they
cause confusion and helplessness (Jorden Diengdeh case29) or when they become restrictive
(John Vallamattom case30), they become the cause of states worry and often times a cause of
unrest and anguish with the current state of affairs. This gives further impetus to the
divisionary political interests to agitate and instigate people to rebel and show their anger.
They breed and thrive on the differential treatment given to others and thus there is all the
more reason for the implement UCC.
In all the aforementioned cases, the Supreme Court stated and reiterated its point that for the
betterment of the countrys politico-legal system, it is necessary to invoke the constitutional
ideals and implement UCC. However it has reiterated its stance that its position in this matter
is merely advisory and it merely insist the legislature to frame the laws and cannot force them
and neither can it delve into the process itself.
Concluding RemarksUniform Civil Code is a rather controversial idea in the modern times, even though the
awareness in on the rise in the public yet many myths and misconceptions still prevail in the
public. These misconceptions are the root-cause why the government especially the
legislature deters from making and implementing UCC provisions. Further even the reforms
in the personal laws are viewed with suspicion and hostility as efforts to obliterate and
rupture the religion and religious practices. Added to the problems is the short temper and
high ignorance of public and over-protectiveness of the state. This breeds the divisionary
politics and the vote-bank politics which is harmful for the country.
28 Sarla Mudgal v Union of India, (1995) 3 SCC 635.
29 Ms. Jorden Diengdeh v S.S.Chopra, A.I.R. 1985 S.C. 935.
30 John Vallamattom v Union of India, A.I.R. 2003 S.C. 2902.
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No doubt that there have been steps taken towards the realization of UCC and secularism and
equality however they have been slow. The Supreme Court has often emerged as a protector
of civil liberties and has stated on numerous occasions the urgent need for UCC, alongwith its
total lack of jurisdiction in the formulation of UCC provisions. In conclusion till the time
there is a conscious effort on the part of pubic or a responsible and foresighted legislature, the
dream of the fathers of our constitution will remain a dream and India will not be able to
function as a democracy in true emphatic sense.
Bibliography
V.N. Shulka, The Constitution of India (10 edn 2001, Eastern Book Company)
V.N. Shulka, The Constitution of India (11 edn 2001, Eastern Book Company)
Shailja Chander, Justice V.R. Krishna Iyer on Fundamental Rights and Directive
Principles (2003, Deep & Deep Publications)
Rajeev Bhargava(ed), Secularism and its Critics (6 edn 2007, Oxford India
publishers)
M.P. Jain, Outlines of Indian Legal and Constitutional History (6 edn,
2008,LexisNexis Butterworths)
Flavia Agnes, Women and Law in India (2006, Rashtriya Printers)
Paras Diwan, Law of Marriage and Divorce (5 edn, 2008, Universal Law
Publishing)
Kusum, Family Law Lectures Family law I (2 edn 2008, LexisNexis Butterworths)
Ajai Kumar, Uniform Civil Code: Challenges and Constraints (2012, Satyam Law
International)
SCC Online
A.I.R
www.mmscagoa.com
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Dr.

Ram ManoharLohia National Law University --- Basics Of Case Law---Final

DR. RAM MANHOHAR LOHIYA

Uniform Civil Code with emphasis on Shah Bano Case

UNDER THE GUIDANCE OF:

MR. SHASHANK SHEKHAR

DR. RAM MANOHAR LOHIYA

B.A. LLB (Hons.), SEMESTER I

NATIONAL LAW UNIVERSITY

MWP Act 1986

Danial Latifi case

Goa Civil Code

Case Name-Mohd. Ahmed Khan v Shah Bano Begum and Othrs.

Whether Sec. 125 of Cr.P.C. applies to Muslims?

maintenance of his divorced wife?

personal law Shariat application Act 1937

wife is limited to the period of Iddat.

that Mahr is an amount payable on divorce.

12 AIR 1980 SC 1730.

husband to pay maintenance is limited to period of iddat.

Repercussions of the Decision

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