Author: Kajal Kamari, Netaji Subhash university (N.S.U), Jamshedpur
Introduction
What we need is uniformity of justice not uniformity of law, we don’t need the same law for every community,in order to give them equality of justice.So we need to set our priorities right singularity of law is not the focus, equality of justice is. In a country like India, which is not a mono-cultural nation, it is multicultural, we believe in peaceful coexistence and valuing the differences between each other. The personal law comes within the ambit of religion because the source of personal law is religious sources. There is a big contention that personal law hampers certain rights specially article 14 which grants us right to equality but we should not forget right to religious freedom under article 25 and we must try to maintain constructive harmony between the two,and for that there are better solutions that uniform civil code.In a country like India it is neither desirable nor feasible to bring uniform civil code.The matters relating to marriage, divorce, succession etc is a personal matter and different sects do it differently according to their own culture and belief and it is completely constitutional. Law should only interfere when something illegal or unconstitutional happens. Those who support uniform civil code mostly believe that UCC will bring two things as follows
Gender equality,and
National integration .
In this particular article I will show you how both arguments are flawed.
Gender equality
I strongly agree that there are problems in personal laws specially related to women. In Hindu law only male can inherit ancestral property, women can not but after the 2005 amendments women can also inherit property. In Muslim law also there are certain problems like , polygamy, nikah halal, these issues needed to be solved but there is no need for uniform civil code for doing so , for example triple talaq got abolished in shyara bano case and then it was legislated,and there is one more landmark case of Shah Bano given right to Muslim women for lifetime maintenance before it was just for iddat period. I.e 3 months. So yes there are issues but we must amend the laws to resolve these issues. Uniform civil code is not the only way to bring gender equality. According to article 14 , everyone should be equal before law and with some special privileges to vulnerable class so yes article 14 must be upheld by bringing gender and equality but article 25 also be upheld which states that right to practice , propagate and practice religion , so we must not keep one above another best way should be striking balance between the both as Gautam Buddha talked about “madhyam-marg” so that should be the approach.
National integration.
K.M Munshi, Alladi Krishnaswami, and Ambedkar defended uniform civil code
Professor K.M. Munshi argued in favor of uniform civil code and said that it will help in national integration and upholding the secular credentials of the Indian constitution. But in actuality, uniform civil code will cause dissatisfaction in minorities and will hamper national integrity. The Indian brand of secularism is respecting all religion and its practices but uniform civil code will come between religious practices. Aladi and Ambedkar also argued on the same line of national integrity. Almost all the members from Muslim community Mohammad Ismail ,Mahboob Ali Beg,M.A. Ayyangar opposed uniform civil code. Every one opposed on the same basis that the state should not interfere in personal affairs till that it is not illegal or unconstitutional. I agree to the same because article 25 protects this right to practice, profess and propagate their own religion. Giving everyone their own space will inculcate trust within communities. This will be the actual national integration where law should be to facilitate not to regulate. The uniform civil code must not be framed just because it’s there in Directive principles of state policy but there should be an actual requirement.
Conclusion
The uniform civil code is not at all required at current point of time yes there are certain problems in personal law that needed to be fixed but there are alternative ways to fix these problems by bringing amendments in current law and certain changes happened also so piecemeal reforms should be the way uniform civil code will cause more problem than the solution because the source of personal law is religion like Shruti, Smriti,customs etc in Hindu law and Quran, sunnat, hadis etc in Muslim law, so entirely changing it by bringing uniform civil code will hurt the religious sentiments of all the religions. So a uniform civil code is neither desirable nor feasible.every argument in support of uniform civil code sounds good theoretically but have no substance in practicality, so such a humongous step which will affect all religious and community and eventually whole nation must not be taken on a theoretical basis so I strongly oppose the idea of uniform civil code.
FAQS
1. Which Indian state has historically followed a Uniform Civil Code since before independence?
Answer: Goa, under the Portuguese Civil Code, 1867, which continues to apply to all communities.
2. Which Indian state was the first to draft and implement a UCC under Indian law?
Answer: Uttarakhand, which passed and implemented the UCC in January 2025.
3. Which article of the Indian Constitution mentions the Uniform Civil Code (UCC)?
Answer: Article 44 of the Directive Principles of State Policy (DPSP).
4. Which central body is currently reviewing UCC proposals at the national level?
Answer: The 22nd Law Commission of India, which sought public opinion on UCC in June 2023.
5. Which law in India already provides a uniform framework for interfaith marriages?
Answer: The Special Marriage Act, 1954, allowing marriage across religions with common legal provisions.
Reference
Indian Constitutional Law,M P Jain, INK9386515049,8 th edition
Constitution of India, vn Shukla, 13 th edition,ebc
