April 08, 2017
DEPARTMENT OF LAW
SUBJECT: Organisation of one day students’ workshop
in the Department
of Law, M.D. University, Rohtak
The Department of Law intends to organise one day students’ workshop on
“Constitutional Quest for Uniform Civil Code: A Mirage” on 08.04.17. A brief introduction on the workshop is as under:
Once again the issue of Uniform civil Code, hotly debated as the Ministry of Law and Justice has requested the Law Commission to examine and report on all issues pertaining to a Uniform Civil Code. As per Article 44 of The Indian
Constitution, the state shall “endeavor to secure for the citizens, a Uniform Civil Code throughout the territory of India”. While the Constitution guarantees the freedom of conscience and religion (article 25), it seeks to divest religion from personal law and social relations and from laws governing inheritance, succession and marriage, just as it has been done even in Muslim countries like
Turkey or Egypt.
The direction given in Article 44 notably is not for the Parliament to enact such a code straight away but for all the organs of the state to make efforts to “secure” uniformity in Civil Laws.
However, since the time constitution came into force, no attempt has been made by the Government to draft a Uniform Civil Code. The Apex Court of the country has repeatedly reminded the government of this policy directive but has always respected its non-justiciable nature and refrained from issuing any direction.
In the Sarala Mudgal case of 1995 dealing with the issue of bigamy by non-Muslims after a “conversion” to Islam, a Supreme court Judge has advised the govt. to request the Law Commission to prepare a comprehensive report on these matters. However, the advice remained confined only to the pages of
Law reports. But as time flew by, successive governments after realising the sensitivity of the issue, decided to avoid the subject as whole. As a result people of different communities are governed by diverse personal laws. This affects not only integration, secularism of our country but also the spirit of our fundamental rights. Triple Talaq and Polygamy had ruined the lives of women and children.
In the light of above facts one can come to the conclusion that it has become essential in this globalised era to move forward for UCC. But at the same time note of caution in the apex courts’ Sarala Mudgil judgment – “The desirability of UCC can be hardly doubted but it can concretise only when social climate is properly built by the elite of the society and the statesman, instead of gaining personal mileage, rise above and awaken the masses to accept the change”, merits serious thinking otherwise this constitutional quest will remain a mirage, a mere delusion.
The present workshop is an effort to prepare and awaken the masses by enlightening the students on the subject matter so that UCC may not remain meaningless without a change from within.
OBJECTIVES OF THE WORKSHOP:
1. Highlighting Legal merits for the desirability of a UCC for every Indian.
2. Awakening among masses for the necessity of UCC.
3. To evolve methods for the effective framing and implementation of UCC.
• Common Civil Code/Law vs. Uniform Civil Code
• Uniform Civil Code: From Status to Contracts
• Uniformity or Pluralism
• UCC, Multi Culturalism and Secularism
• The Jurisprudence on Uniform Civil Code
• Uniform Civil Code and Conflict of Personal Laws
• UCC and Human Rights
• UCC and Gender equality
• Uniform Civil Code in Comparative International Law
• UCC and Family law
Bonafide Students and Research Scholors of UTD, M.D. University, Rohtak.