Gujarat National Law University,

Gandhinagar.
Empirical Research on the awareness and
implementation
‘Uniform Civil Code’ in the city of Ahmedabad and
Gandhinagar.

Semester IV (Batch 2021 – 2026)

January June 2023
Internal Continuous Evaluation
Subject - Jurisprudence
Questionnaire
Kinjal Asmi
Registration Number: 21BAL036
E mail:Kinjal21bal036@gnlu.ac.in
March` 2023

Under the Guidance of

Ms Prabhavati Baskey,
Assistant Professor of Law, Warden GNLU Girls Hostel,
Gujarat National Law University,
Gandhinagar-382426, Gujarat, INDIA

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 INTRODUCTION

In India, the Uniform Civil Code (UCC) has long been an issue of contention. The purpose of
the UCC is to establish a set of laws that apply equally to all citizens, regardless of their
religious beliefs, that regulate personal issues like marriage, divorce, and inheritance.
However, the implementation of the UCC has been mired in controversy, with many arguing
that it would impinge on the rights of religious minorities and lead to cultural
homogenization.

Against this backdrop, this project aims to conduct empirical research on the awareness
implementation of the UCC in the cities of Ahmedabad and Gandhinagar. The project will
investigate the level of awareness of the UCC among different religious communities and
explore the factors that influence their attitudes towards it. Some contend it will result in
justice and equality for all citizens, while others assert it will violate the cultural and religious
rights of minority groups. As a result, the implementation of UCC has been delayed, and
there is still a lack of consensus among policymakers and the general public.

Additionally, there is a diverse community in Ahmedabad and Gandhinagar, where members

of various religious communities coexist. Therefore, it is essential to comprehend how well
UCC is being implemented and how much knowledge and acceptance it has among the
general public. With regard to the implementation of UCC in these cities and across the
nation, the project will offer useful information and insights that can be used to create
policies and make defensible choices.

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 RESPONDENTS’ INFORMATION

The survey participants primarily consist of individuals from the cities of Ahmedabad and
Gandhinagar, with an equal representation of 10 male and 10 female respondents. The
majority of the respondents fall within the age group of 18 to 30 years, indicating a young
and dynamic sample. Merely a single respondent is over the age of 30 and above the age of
40, indicating a significantly low representation of individuals belonging to this age bracket.
Most of the survey participants have alternative sources of income, although some depend on
their business or service for sustenance. Despite being graduates, a significant number of
respondents still rely on their fathers for financial support. Additionally, a large portion of the
respondents come from financially stable backgrounds, with a range of income between RS.
50,000 to 1 lakh.

ANALYSIS OF THE ISSUE AND CHALLENGES IN THE

IMPLEMENTATION OF THE
UNIFORM CIVIL CODE

MARITAL STATUS

Only 3 of the total respondents claimed to be happily married and have no experience of
divorce or other legal issues, compared to 17 respondents who said they were single.

MARRIAGE OF THE RESPONDENTS

According to the findings of the survey, none of the respondents reported any legal disputes
or litigation concerning matters such as marriage, divorce, inheritance, succession, or

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maintenance. This suggests that the sample population had not encountered any significant
legal challenges in these areas.

CHILDREN OF THE RESPONDENTS

Among the respondents, a solitary individual reported having two children, while two others
disclosed having one child each, with their ages falling between the range of 5 to 12 years
and 18 years, respectively.

ECONOMIC NEEDS OF THE RESPONDENTS

Based on the survey data, it appears that the economic needs of the respondents vary
considerably. Out of the 20 respondents, 10 depend on their father for financial support,
suggesting that they may be financially reliant on their family or may be pursuing higher
education or training. In contrast, 8 respondents reported being self-sufficient, indicating that
they may have a stable source of income or financial independence. Only one respondent
mentioned relying on their husband for economic support, which suggests a traditional family
structure where the husband is the primary breadwinner. Additionally, only one respondent
reported depending on their mother for financial needs, although it is unclear whether this is a
permanent or temporary arrangement. Overall, the survey results suggest a diverse range of
economic needs and financial support structures among the respondents.

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 LEGAL ANALYSIS

NEED OF A UNIFORM CIVIL CODE

The survey data suggests that the majority of the respondents, specifically 17 out of 20,
expressed a preference for a Uniform Civil Code in matters related to marriage, divorce,
inheritance, succession, maintenance, and guardianship. This finding indicates a desire for a
common set of laws governing personal matters, irrespective of an individual's religion.
However, it is noteworthy that a minority of respondents, 3 out of 20, were unable to express
a clear opinion on this matter. It is possible that this lack of clarity may be due to a lack of
awareness or understanding of the implications of implementing a Uniform Civil Code.
Nonetheless, the results suggest that a considerable proportion of the surveyed individuals are
in favour of a Uniform Civil Code in personal matters.

INCLUSION OF UCC TO INCLUDE THE ELEMENTS OF MARRIAGE, DIVORCE,

ADOPTION,
MAINTENANCES, GUARDIANSHIP, INHERITANCE SUCCESSION

The survey data suggests that a majority of the respondents believe that a Uniform Civil Code
(UCC) should include personal laws related to various aspects of family law. Specifically,
17-18 out of 20 respondents indicated that the UCC should cover laws related to marriage
and divorce, indicating that there is a strong desire for a common set of laws to govern these
areas, regardless of an individual's religious denomination. Moreover, 19 respondents stated
that adoption laws should also be included in the UCC, highlighting a need for uniformity in
this area as well.
In terms of other areas of family law, 15 respondents indicated that maintenance laws should
be included in the UCC, while 17 respondents suggested that guardianship laws should be

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covered. Furthermore, 14 respondents believed that inheritance and succession laws should
also be incorporated into the UCC. Interestingly, Three respondents indicated a preference to
not include inheritance and succession in the scope of a Uniform Civil Code , while another
three respondents wanted marriage to be excluded from the purview of a UCC.

Overall, the findings suggest that there is considerable support for a Uniform Civil Code that
includes various aspects of family law, indicating a desire for uniformity across religious
denominations in India. “Furthermore, some participants suggested that the UCC should
encompass a wider range of issues, such as abortion laws, family planning, gender equality in
all respects, uniform laws regarding marriage and inheritance for LGBTQ individuals, and
relief measures that are inclusive of all gender identities.”

CODIFICATION OF PERSONAL LAW

The survey data suggests that there is no clear consensus among the respondents regarding
the codification of personal laws and customary practices in India. While 9 respondents
expressed agreement with the idea that existing personal laws and customary practices should
be codified, 5 respondents stated that they believe such laws should be replaced by the
Uniform Civil Code (UCC). On the other hand, remaining respondents believed that personal
laws and customary practices should be codified to be in accordance with fundamental rights.

It is noteworthy that there was an overlapping between the codification of law and the idea
that it should be done in consonance with fundamental rights. This suggests that many
respondents believe that codifying personal laws and customary practices can be beneficial
for the people, but only if it is done in a manner that upholds their fundamental rights.

UNIFORM CIVIL CODE AND GENDER EQUALITY

The survey data suggests that there is some level of agreement among respondents regarding
the potential for a Uniform Civil Code (UCC) or codification of personal laws and customary
practices to achieve gender equality in India. 14 out of 20 respondents expressed a belief that
either a UCC or codification of personal laws and customary practices would achieve gender

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equality, indicating that there is a significant portion of the sample who view this as a viable
solution to gender inequality in the country.

On the other hand, 6 respondents stated that they do not believe that either a UCC or
codification of personal laws and customary practices would lead to gender equality. It is
possible that these respondents may have concerns about the implementation of such
measures, or may believe that they do not go far enough to address underlying issues related
to gender inequality in India.

It is important to note that achieving gender equality requires a multifaceted approach that
addresses societal, cultural, and economic factors in addition to legal reforms.

UNIFORM AGE FOR CONSENT TO MARRY

The survey data suggests that there is a strong consensus among respondents regarding the
need for a uniform age of consent to marry across personal laws and customary practices in
India. 18 out of 20 respondents expressed a belief that there should be a uniform age of
consent to marry across all personal laws and customary practices, indicating that this is a
widely held view among the sample. On the other hand, a minority share of respondents
stated that they believe that the present system of recognizing 'voidable' marriages is
sufficient. It is possible that these respondents may have concerns about the practicality or
effectiveness of implementing a uniform age of consent to marry, or may view the existing
system as being adequate for addressing issues related to underage marriages.

Overall, the survey results suggest that there is a clear consensus among respondents that a
uniform age of consent to marry should be implemented across all personal laws and
customary practices in India. This could potentially help to address issues related to child
marriages and ensure greater protection for minors who may be vulnerable to exploitation or
abuse.

RIGHT OF THE WIFE TO CLAIM AN EQUAL SHARE IN THE HUSBAND

PROPERTY AFTER DIVORCE

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Out of the 20 respondents, 7 individuals answered 'yes', which means that they agreed that the
wife should be entitled to an equal share in the property after the divorce. This response
suggests that these individuals believe that it is fair for the wife to receive an equal share of
the property, which may include any assets or investments that were accumulated during the
marriage.

On the other hand, 3 respondents answered 'no', indicating that they do not agree with the
idea that the wife should be allowed to claim an equal share in the husband's property after
divorce. This response suggests that these individuals believe that the husband should retain
ownership of the property and that the wife should not have any claim to it. The remaining 10
respondents answered 'can't say', which means that they were either unsure about their
opinion or did not want to express a clear opinion on the matter. This response suggests that
these individuals may require more information or may have conflicting views on the topic.

LEGAL RECOGNITION TO PRE-NUPTIAL AGREEMENTS (PNA)

Out of the 20 respondents who answered this question, 13 stated that they believe that PNA
should be legally recognized, while 7 respondents expressed a differing view that PNA
should not be legally recognized.

Those in favour of legally recognizing PNA may argue that it can provide a sense of security
and protection for individuals entering into marriages, and can help to establish clear
expectations and responsibilities in the event of a divorce or separation. On the other hand,
those who oppose legally recognizing PNA may have concerns about the potential for abuse
or exploitation, or may believe that such agreements go against the principle of marital unity.

LEGAL RECOGNITION OF SAME GENDER MARRIAGE

The survey data suggests that there is relatively strong support for legalizing same-gender
marriage in India. Out of the 20 respondents who answered this question, 17 expressed their
agreement that men and women of the same gender should be allowed to be legally married.
In contrast, only 2 respondents stated that they disagreed with this proposition, while 1
respondents were uncertain or unable to provide a clear answer. The results of this survey
reflect a growing trend towards greater acceptance and support for LGBTQ+ rights and
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equality in India. Legalizing same-gender marriage would represent a significant step forward
in this regard, by extending marriage rights and benefits to all individuals, regardless of their
sexual orientation or gender identity.

SUMMARY OF SUGGESTIONS GIVEN BY THE

RESPONDENTS

Based on the responses provided, it appears that there is a strong sentiment towards gender
neutrality and equality in terms of implementation of UCC. While some of the responses are
specifically related to same-sex marriage, live-in relationships, as well as simplifying the
divorce process, most of them are focused on gender equality and the need for better
implementation and regulation of laws that provide equitable relief for deprived sections,
uniform maintenance rights for women and children, and recognition of LGBTQ+ rights.
There were also several mentions of the need to update and standardize laws to reflect
changes in socio-economic contexts and ensure uniform maintenance rights across religions
for women and children. Additionally, there were calls for prioritizing the interests of women
and recognizing the rights of deprived sections of society.

One respondent specifically mentioned the need to recognize LGBTQ marriages and apply
equal property laws to girl children. Overall, the responses suggest a desire for more
progressive and equitable legal policies in India, particularly in regards to gender and
sexuality.

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 CONCLUSION

The responses received on the topic of the Uniform Civil Code (UCC) demonstrate a clear
demand for legal reform that reflects the evolving values and expectations of modern society.
In particular, there is a growing recognition of the need to overcome traditional taboos and
stigmas surrounding issues such as same-sex marriage and live-in relationships. This reflects
a broader societal trend towards greater acceptance of diversity and a willingness to challenge
traditional norms.

The call for a more collaborative approach in implementing laws, including a UCC that
incorporates diverse perspectives and needs of all communities, further underscores the
importance of inclusivity and sensitivity to diverse needs. This recognizes that social progress
cannot be achieved through a one-size-fits-all approach, but requires an ongoing process of
engagement, dialogue, and consensus-building across all sections of society.

Overall, these responses highlight the growing awareness and concern for issues related to
gender equality, and a need for continued progress towards a more equitable and just society.

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The calls for legal reform and greater inclusivity expressed in these responses represent an
important step forward in this ongoing journey towards a more just and equitable society.

COMMENT

This quote captures the fundamental spirit of the project. As Kofi Annan once said-

"The success of any legal system depends ultimately on its ability to reflect the values,
needs and aspirations of the society it serves."

This quote highlights the importance of a legal system that is responsive to the needs of
society, and can adapt to changing values and expectations. In the context of a Uniform Civil
Code, it emphasizes the need for a collaborative and inclusive approach that engages all
sections of society, in order to develop a legal framework that reflects their diverse
perspectives and needs.

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