Author: Swayamsi Swain, KIIT School of Law
TO THE POINT
The Uniform Civil Code (UCC) is a long-debated constitutional objective in India, seeking to replace the existing personal laws—based on religious customs—with a common set of civil laws governing marriage, divorce, inheritance, adoption, and maintenance. In a historic move, Uttarakhand became the first Indian state post-Independence to enact a legislated UCC in 2024, sparking nationwide discussions on its scope, legality, feasibility, and social impact. While the UCC is enshrined in Article 44 of the Constitution as a Directive Principle of State Policy, its implementation has been controversial due to India’s pluralistic and religiously diverse society. The Uttarakhand law, therefore, acts as a practical template for future discourse and possible national adoption.
USE OF LEGAL JARGON
The term Uniform Civil Code refers to a codified set of laws that aim to provide equal treatment to all citizens in civil matters, irrespective of religion. Article 44 of the Indian Constitution, a Directive Principle, calls upon the State to endeavor to secure a UCC for all citizens. However, it is non-justiciable, meaning courts cannot enforce it, though it serves as a guiding principle for legislative policy. The enactment of UCC implicates several constitutional doctrines including secularism, freedom of religion under Article 25, equality before law under Article 14, and the concept of reasonable classification. The challenge lies in reconciling the personal law systems with the constitutional morality upheld by the Supreme Court in several landmark cases.
THE PROOF
In February 2024, the Uttarakhand Legislative Assembly passed the Uniform Civil Code Bill, making it the first Indian state (barring Goa, which follows the colonial-era Portuguese Civil Code) to implement such a law through its own legislative competence under Entry 5 of the Concurrent List. The UCC in Uttarakhand applies to all communities residing in the state, except the Scheduled Tribes under Article 342 of the Constitution. It mandates compulsory registration of marriages and live-in relationships, bans practices like polygamy and nikah halala, and introduces equal inheritance rights for sons and daughters. The bill was drafted after extensive public consultations led by a committee chaired by former Supreme Court judge Justice Ranjana Prakash Desai. The state’s initiative finds strong constitutional backing in Article 44 and has been hailed as a step toward gender justice and legal uniformity. However, the move has not been without criticism, particularly from minority communities, who view it as an encroachment on their religious freedoms protected under Article 25 and 26.
ABSTRACT
The implementation of the Uniform Civil Code in Uttarakhand marks a defining moment in India’s legal history. For decades, the idea of a UCC remained in the realm of constitutional aspiration and judicial recommendation, with little political will for execution. The Uttarakhand model brings this aspiration into legislative reality, covering critical aspects such as marriage, divorce, adoption, inheritance, and maintenance with a uniform approach. While it is being seen by many as a progressive measure for ensuring gender equality and legal uniformity, critics argue that it may override religious freedoms and traditions. The legal debate now moves from “if” to “how” the UCC should be implemented nationally, balancing constitutional mandates with societal sensitivities.
CASE LAWS
1. Mohd. Ahmed Khan v. Shah Bano Begum
In the landmark case of Mohd. Ahmed Khan v. Shah Bano Begum, the Supreme Court held that a divorced Muslim woman is entitled to maintenance under Section 125 of the Code of Criminal Procedure, irrespective of personal laws. The Court strongly advocated for a Uniform Civil Code, emphasizing that such a code would promote national integration and gender justice. The judgment led to widespread political backlash and the subsequent enactment of the Muslim Women (Protection of Rights on Divorce) Act, 1986. Nevertheless, it remains one of the most cited cases in the UCC discourse.
2. Sarla Mudgal v. Union of India
In Sarla Mudgal v. Union of India, the issue revolved around Hindu men converting to Islam to marry again without legally dissolving their first marriage. The Supreme Court held such conduct as fraudulent and punishable under Section 494 of the Indian Penal Code (bigamy). The Court reiterated the importance of enacting a Uniform Civil Code, stating that disparate personal laws allowed individuals to misuse religion for personal benefit and that UCC was essential to safeguard women’s rights and ensure consistency in civil laws.
3. John Vallamattom v. Union of India
In John Vallamattom v. Union of India, the petitioner challenged Section 118 of the Indian Succession Act, which restricted Christians from making charitable bequests. The Supreme Court declared the provision unconstitutional, stating it was discriminatory and violated the right to equality under Article 14. The Court once again emphasized the need for a UCC, underscoring that personal laws should not override fundamental rights, and uniformity in civil laws was desirable in a secular, democratic republic.
4. Jose Paulo Coutinho v. Maria Luiza Valentina Pereira
In Jose Paulo Coutinho v. Maria Luiza Valentina Pereira, the Supreme Court lauded Goa’s Uniform Civil Code, inherited from the Portuguese Civil Code, as a successful example of uniformity in civil law irrespective of religion. The Court observed that Goa’s model could serve as a reference for implementing the UCC in other parts of India. The judgment emphasized that despite religious diversity, civil laws could be uniform without compromising religious freedoms, thereby reinforcing the constitutional feasibility of a nationwide UCC.
CONCLUSION
The adoption of a Uniform Civil Code by Uttarakhand establishes a revolutionary standard in Indian legal debate. It offers a practical framework for analysing the benefits and drawbacks of a law that aims to bridge religious differences in civic behaviour. Gender fairness, legal clarity, and secular uniformity are all promised by the law, but its broader application necessitates a thoughtful, deliberative, and culturally sensitive approach. The Centre might learn from Uttarakhand’s experience, work with stakeholders to improve the code, and try implementing it gradually. It is crucial to keep in mind that for legal reforms to be successful, they must be both socially and constitutionally acceptable. Persuasive consensus and incremental reform, rather than coercive enactment, are the key to UCC’s future in India.
FAQs
Q1. The Uniform Civil Code (UCC): What is it?
A planned collection of civil rules known as the Uniform Civil Code (UCC) is meant to apply consistently to all Indian residents, regardless of their group or religion. It aims to establish a unified, secular legal framework to replace the existing system of religion personal laws that regulate issues like marriage, divorce, adoption, inheritance, and maintenance. By treating all citizens equally in personal legal concerns, the UCC seeks to promote national integration and guarantee equality before the law.
Q2. Does the UCC violate the Constitution’s guarantee of religious freedom?
The UCC does not necessarily oppose religious freedom. The right to exercise, profess, and spread one’s religion is protected by Article 25 of the Indian Constitution; nevertheless, this right is contingent upon public morals, health, and order. The Supreme Court has ruled repeatedly that secular elements of religious activities can be regulated by the government. The UCC does not contradict Article 25 because it handles civil problems instead of fundamental religious practices. The UCC can really be viewed as a way to strike a compromise between individual liberties and more general constitutional principles like equality and secularism.
Q3. What makes Uttarakhand’s implementation of the UCC noteworthy?
The Uttarakhand UCC, which was passed in 2024, is noteworthy because it is the first time a state has codified a consistent set of civil rules that apply to all of its residents, regardless of their religious beliefs, since independence. Uttarakhand’s UCC was democratically draughted and approved through an Indian legislative procedure, in contrast to Goa, which adheres to an outdated Portuguese Civil Code. It functions as an ongoing legal uniformity experiment and may serve as a template for future national frameworks or other Indian states.
Q4. Will India as a whole adopt the Uniform Civil Code?
Currently, there is no nationwide implementation of the UCC. Despite encouraging the State to ensure a UCC for all citizens, Article 44 of the Constitution is just a Directive Principle of State Policy and cannot be enforced by the courts. Nonetheless, Entry 5 of the Concurrent List grants states the authority to enact laws pertaining to personal law. Although it would necessitate extensive consultation, draughting, and political agreement, the Central Government has indicated interest in establishing a nationwide UCC. At the national level, implementation can take a deliberate and methodical approach.
Q5. Are all communities equally impacted by the UCC?
The UCC’s goal is to provide gender fairness and uniformity by applying civil laws to everyone equally. There are still worries, though, that it might inadvertently supersede some communities’ religious and cultural customs. For instance, Scheduled Tribes, who are safeguarded by Article 342 and the Fifth Schedule, are not subject to the Uttarakhand UCC. This demonstrates how the law may permit certain safeguards to protect vulnerable or constitutionally recognised groups while aiming for uniformity.
Q6. Why are some individuals against the UCC?
Concerns that the UCC would violate religious and cultural autonomy, especially for minority communities, are the main source of opposition to it. Critics contend that rather than being a progressive legal reform, the UCC may be used as a political tool and result in the homogenisation of various cultures. Concerns have also been raised about whether these rules would be administered consistently or selectively. In order to guarantee that any national UCC respects India’s heterogeneous culture, critics urge an inclusive, participatory approach.
