Title:
UNIFORM CIVIL CODE AND DEFENCE OF SHAH BANO JUDGEMENT

Authors:
Yuvraj

Abstract:
Uniform Civil Code (UCC), in itself is like an 'always getting edited' version of itself. No matter how deep or extensive commentaries or debates we allow in favour or against it, it never seems to solemnize into a proper law. Maybe India, as a nation, or state, can accommodate it in the parliament or courts' judgements but in the view of executive and legislative application, the aspect of UCC fails to get acknowledged, or we can even say that, it does not receive the attention it should.
Anyhow, as the diversity, a factor, well debated in India's struggles in not getting on an impartial and for-all well-being platform, or say egalitarian perspective is one of the reasons that, legislature have not been able to procure a sound unified code of bill alike UCC for the Indianized idea of personal laws.
It somehow makes it appear realistic that, diversity and personal laws manifested in the Indian culture, and sense of belongingness, are something like a, 'superficial illustrations of traditions and religions which are being run in parallel with the idea of being a 'different' from one another. Be it in case of marriage, dowry, polygamy or polyandry, child marriage or divorce etc., each of the religious manifestations of laws codified as personal laws, gives an appearance of scratched boundary carved down for people belonging to that particular religion. So, in this paper which is formalized as of a debate between the Uniform Civil Code and the Muslim religion scepticism of being a minority in India, with special emphasis on female as a gender in subjugation within the ambit of personal law applicability would be testified. In this paper, I would be evaluating Muslim personal laws applicability by evaluating through a case law: Mohd. Ahmed Khan vs Shah Bano Begum and Ors on 23 April, 1985, with respect to how and why it raises the need for the Uniform Civil Code Idea. Stating this we would put forward that, as the paper will progresses, the idea would be to understand, how Muslim personal law is in contradiction with the idea of UCC and how far has its implications been stretched. And this would be done keeping in perspective the case law mentioned above.
The process followed would be of discussing the literature which would point out the meaning and context of both UCC and Muslim PersonalLaw. Thereafter, some significant amount of time and space for understanding would be devoted on the case study for better grasping of the aspects in focus and with a practical and theoretical perspective.