Author : M.Gomathi, Chennai Dr. Ambedkar Government Law College, Pudupakkam
To the point
The Uniform Civil Code (UCC) has been proposed in India to provide equal treatment under personal laws for every citizen, irrespective of religion. It seeks to create one common framework for issues such as marriage, divorce, inheritance, adoption, and maintenance. At present, minority religious groups follow personal laws based on their scriptures. The Constitution, through Articles 25–28, assures religious freedom, while Article 44 emphasizes the goal of framing uniform laws as part of the Directive Principles of State Policy. During the colonial period, personal laws were mainly designed for Hindus and Muslims, whereas Goa, under Portuguese administration, continued with the Goa Civil Code, making it the only region with a uniform civil law before 2024. After independence, the Hindu Code Bills standardized laws for Hindus, Buddhists, Jains, and Sikhs but did not include Muslims, Christians, Jews, and Parsis
Use of legal jargon
The Uniform Civil Code (UCC) aims to replace diverse personal laws with a unified system, ensuring consistency in matters such as marriage, inheritance, succession, and adoption across all religions. Rooted in Article 44 of the Constitution, which serves as a Directive Principle, the UCC calls upon the State to establish a common framework of civil laws for every community. By removing religion-specific legal rules, it strives to harmonize family law within a secular system, reinforcing the guarantee of equality under Article 14. Implementation of the UCC would minimize legal pluralism in personal law and create a coherent body of jurisprudence governing family-related issues. Its core purpose is to advance substantive justice by eradicating discriminatory elements embedded in religious personal laws.
The proof
Goa provides the most concrete example of the Uniform Civil Code in practice within India. The state follows the Goa Civil Code, a comprehensive set of family laws that were introduced during Portuguese rule and retained after Goa’s merger with India. Unlike the rest of the country, where personal laws differ according to religion, Goa applies a common framework to all citizens, irrespective of their faith. This code governs areas such as marriage, divorce, succession, and adoption, ensuring that no community is treated differently under the law. By creating a uniform legal structure, Goa demonstrates that equality and justice can be maintained without infringing upon religious practices. The Goa Civil Code is often cited by the Supreme Court and legal experts as living proof that a UCC is not only possible but also beneficial. It strengthens gender justice, reduces legal conflicts, and fosters unity among diverse communities.
Abstract
The Uniform Civil Code (UCC) continues to be one of the most contested socio-legal subjects in India. Placed under Article 44 of the Constitution as part of the Directive Principles, the UCC seeks to replace diverse, religion-specific personal laws with a single framework applicable to every citizen, regardless of religion, caste, or gender. Its goals include upholding equality before law, promoting national unity, eliminating gender discrimination, and reforming patriarchal elements in personal laws. Judicial rulings such as Shah Bano (1985), Sarla Mudgal (1995), and John Vallamattom (2003) have reinforced the significance of enacting a UCC. Goa remains the only state with a uniform family code, inherited from Portuguese rule, while Uttarakhand has recently passed its own UCC. Proponents argue it ensures modernization and gender justice, while critics fear it may erode religious freedoms and cultural plurality.
Case Laws
Ms. Jordan Diengdeh v. S.S. Chopra (1985) case:
In the 1985 case Ms. Jordan Diengdeh v. S.S. Chopra, the Supreme Court observed that matrimonial and divorce laws varied significantly among religious groups, leading to inequality. Justice O. Chinnappa Reddy pointed out the pressing need for a Uniform Civil Code under Article 44 of the Constitution, urging the legislature to introduce common matrimonial laws for all citizens to ensure fairness and secularism..
Shah Bano case (Mohd. Ahmed Khan v. Shah Bano Begum, 1985):
The Supreme Court in Shah Bano case (1985) ruled that Section 125 CrPC applies uniformly, granting divorced Muslim women the right to maintenance beyond the scope of religious laws.
After being divorced through triple talaq, Shah Bano challenged the limited support granted to her. The Court ruled that secular legislation prevails over religious practices and stressed the significance of Article 44, reiterating the need for a Uniform Civil Code.
Danial Latifi & Anr. v. Union of India (2001):
In Danial Latifi v. Union of India (2001), the Supreme Court evaluated the constitutional validity of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
The petitioners contended that the legislation restricted the entitlements of divorced Muslim women. While the Court upheld the statute, it interpreted it to mean that a husband is obligated to make a fair and reasonable provision during the iddat period, securing financial support for the woman’s lifetime.
Sarla Mudgal vs. Union of India (1995) :
In Sarla Mudgal v. Union of India (1995), the Supreme Court considered if a Hindu man, married under Hindu law, could lawfully remarry after embracing Islam. According to the Court, a second marriage without ending the first is not legally valid and is considered bigamy under the Hindu Marriage Act, 1955.
Conclusion
The Uniform Civil Code (UCC) remains one of the most debated constitutional objectives in India. Its primary purpose is to replace diverse religion-based personal laws with a single legal structure governing areas such as marriage, divorce, succession, and adoption. While Article 44 of the Constitution encourages the State to pursue this reform, it is classified as a Directive Principle and therefore not legally enforceable. The Supreme Court, through landmark rulings such as Shah Bano, Sarla Mudgal, and Jordan Diengdeh, has consistently emphasized the necessity of a Uniform Civil Code to uphold equality and fairness.Goa serves as a practical model, having implemented a uniform family law system. Rather than undermining religious freedom, a comprehensive UCC would streamline legal procedures, safeguard women’s rights, and strengthen national unity. Ultimately, an effectively drafted UCC would uphold India’s secular and democratic spirit by ensuring equal legal treatment for every citizen.
FAQS
1.What is a Civil Code?
A civil code refers to a structured set of laws that regulate private and personal affairs, including marriage, divorce, inheritance, family matters, ownership of property, and contractual obligations.
2. Can Article 44 of the Indian Constitution be legally enforced?
No. Since Article 44 is part of the Directive Principles of State Policy, it serves only as a guideline for governance and does not have binding force. According to Article 37, such provisions, including Article 44, are not justiciable and therefore cannot be enforced by courts.
3. Has the Uniform Civil Code been put into practice in India?
Goa is the only Indian state that applies the Goa Civil Code, a uniform system of family laws introduced during Portuguese administration. This makes Goa the only state in India where a form of the UCC is currently operational.
4. Why is the UCC significant?
The purpose of the UCC is to bring uniformity and fairness in personal laws across different religious communities. It is designed to promote justice, safeguard gender rights, encourage national unity, and uphold the constitutional principle of secularism.
