Author: Shalini Singh, a student at Atal Bihari Vajpayee School of Legal Studies, CSJM University, Kanpur
To the Point
The Uniform Civil Code (UCC) has become a highly debated topic in recent times, especially since January 27, 2025, when Uttarakhand became the first state to adopt it. According to the Uniform Civil Code, a unified body of civil laws would be applicable to every Indian citizen irrespective of their religious beliefs. It is stated in Article 44 of the Indian Constitution highlighting the necessity of a uniform legal system for all citizens. It is a provision for achieving national integration, equality, and justice by transcending religious distinctions. Under one code of law, UCC seeks to establish the benchmark for treating every citizen fairly and equally for an integrated and harmonious society. But in India a few fears have also been expressed regarding the implementation of the UCC. Critics argue that a universal code could infringe upon the rights of religious and cultural minorities, which could lead to social cleavages and deplete India’s rich cultural diversity. In addition, some warn that the practical impediments to enforcing a UCC, particularly with the extensive diversity of India, may overshadow the advantages. This article explores how beneficial the UCC is as a step toward achieving equality or whether it poses a threat among the other various diverse faiths in India, along with major related cases.
Abstract
The debate over India’s Uniform Civil Code (UCC) brings together complex issues related to equality, secular values, and the country’s rich cultural pluralism. This article explores whether implementing a UCC promotes social justice by ensuring uniform rights across religions or undermines the pluralistic fabric of Indian society. It looks at judicial interpretations, legal developments, and constitutional provisions. to assess whether the UCC is a path to true equality or a potential threat to minority rights. The goal of the analysis is to achieve equilibrium between individual freedoms and collective identities in a secular democracy.
Use of Legal Jargon
The debate over the Uniform Civil Code (UCC) raises several legal and constitutional issues that are significant to comprehend its ramification. The UCC refers to a mooted code of civil laws that shall be applied uniformly to all citizens regardless of religion, as contained in The Directive Principles of State Policy, Article 44. It is opposed to the existing personal laws, governing matters like marriage, inheritance, and adoption along religious tradition. The question is intimately connected with fundamental rights such as the right to equality under Article 14 and the right of freedom of religion under Article 25. The theory of secularism, acknowledged as a fundamental component of the basic structure of the Constitution, forms the central issue in the debate over the Uniform Civil Code. Judicial principles such as harmonious construction generally evolved in dealing with inconsistent constitutional provisions in a balanced manner. Furthermore, legal tests such as reasonable classification help establish whether any distinction in the application of law is constitutionally acceptable. Such words and expressions are repeatedly uttered in court judgments as also in legal literature whenever the question arises of whether the UCC encourages equality or a barrier to the diversity of Indian culture.
The Proof
The Constitution, through Article 44, advises the State to take steps toward formulating a common set of civil laws applicable to every citizen, regardless of religion or community. Though not judicially enforceable, the provision manifests the constitutional aspiration of legal uniformity and national integration. India’s Supreme Court has emphasized the significance of the Uniform Civil Code in the enforcement of gender justice and legal parity in a number of landmark judgments. In Mohd. Ahmed Khan v. Shah Bano Begum (1985), for example, the Court emphasized the way a uniform civil code would give women equal rights, particularly when it comes to maintenance and divorce. Likewise, in Sarla Mudgal v. Union of India (1995), the Court noted that lack of a UCC results in inconsistency and exploitation of personal laws, and a single law is required for authentic secularism. Goa’s civil law system is often considered to be a unique and successful example of a Uniform Civil Code in practice within the Indian situation. Goa has a single religion-wise personal law code for marriage, succession, and divorce. It is a real benchmark for how uniform laws could be applied without hurting sentiments. On the contrary, the critics argue that imposition of a UCC will pre-empt India’s plural society. Such personal laws so entrenched in religion and culture are ensured by Articles 25 to 28 which ensure freedom of religion as well as right over administration of religious affairs. There have also been concerns about whether or not a uniform code would disproportionately victimize minority communities, particularly if framed without adequate consultation.
Case Laws
Mohd. Ahmad Khan v. Shah Bano Begum [1985]
It is also referred to as the Shah Bano Case colloquially. In 1978, a woman, Shah Bano Begum, living at Indore, Madhya Pradesh, was divorced by her husband in triple talaq, and her husband Mohd. Ahmad Khan declined to give maintenance to her wife after the iddat period (waiting period of a woman after cancellation of her marriage). Her husband asserted that according to the Muslim Personal Law he was not liable to give her wife maintenance. Shah Bano, however, instituted a criminal case under Section 125 of the Criminal Procedure Code (CrPC) (Now, Section 144, under BNSS,2023) before the Supreme Court of India. SC delivered verdict in favor of Shah Bano and declared that she is entitled to maintenance under Section 125 of CrPC because it is a secular law and it transcends religion. Simultaneously, this case received plenty of criticism from Muslim Politicians and therefore they enacted the Muslim Women (Protection of Rights on Divorce Act),1986, which watered down the SC’s verdict. Even though Supreme Court in subsequent judgements maintained the validity of the Shah Bano judgement. This case has a lot of value, under the Uniform Civil Code because it has highlighted the conflict between a personal law and a secular law.
Sarla Mudgal vs. Union of India (1995)
This is a landmark case related to conversion in Islam. This became a very big issue, when individuals were converting to another religion just for the sole purpose of marriage, hence various petitions were filed before the court. In this instance, a Hindu husband marries second time, to practice polygamy. The husband, being married, under the Hindu Personal Law, converts his religion to Islam, just for the sole purpose of marrying another woman. Various issues raised in this case i.e. whether the first marriage will be dissolved or if the second marriage can be solemnized or not. However, the Supreme Court held that a husband cannot escape the consequences of his first marriage by converting to another religion and thus the second marriage will be void. It held this to be Bigamy under section 494 of the IPC,1860 (Now, section 82 under the Bharatiya Nyaya Sanhita, 2023). The court highlighted that this practice hindered Article 14, Article 15, and Article 25 and restated the importance of Article 44 which revolves around the Uniform Civil Code.
Shayara Bano v. Union of India (2017)
This was a landmark case regarding triple talaq or talak-ul-biddat. In this case, the triple talaq given by the muslim husbands to their wife was banned and became unconstitutional. Shayara Bano (wife) was the petitioner whereas Rizwan Ahmad was her husband. They got married in the year 2001, as per the Shariat Act and they had children together. On the October of 2015, the husband gave triple talaq to his wife, while arguing that two witnesses were present at the time of giving talaq (their son and daughter). In 2016, Shayara Bano filed a writ petition in the Supreme Court, questioning the constitutional validity of the practice of triple talaq. The argument made by the petitioner was that this form of talaq is contrarian to the basic rights enshrined under Article 25, 26 and 29 of the Constitution. The Court held triple talaq to be unconstitutional and arbitrary. The practice was later criminalized through the Muslim Women (Protection of Rights on Marriage) Act, 2019. The Supreme Court’s decision to strike down instant triple talaq supported the idea that all citizens should have equal rights in marriage and divorce, which is the core aim of UCC under Article 44 of the Constitution.
Conclusion
Uniform Civil Code debate merely touches the surface of a basic constitutional problem—dredging through the ideals of equality and confronting the realities of diversity. With path-breaking judgments such as Sarla Mudgal and Shayara Bano, the courts have relentlessly brought forth the inconsistency and discrimination inherent in personal laws. These judgments ponder how legal pluralism can be tapped to the detriment of weaker sections, especially women, sometimes. Though cultural and religious freedom concerns find their place, the true significance of Article 44 involves guaranteeing uniformity in civil rights without sacrificing India’s pluralistic nature. A well-crafted UCC with utmost religion tolerance but based on constitutional principles of equality, secularism, and justice can be not a threat but a bridge—synthesis of tradition with change.
FAQS
What is Uniform Civil Code?
The Uniform Civil Code is the concept of a single body of laws that apply to all citizens on issues like marriage, divorce, and inheritance in order to uphold secularism and advance equality, as stated in Article 44 of the Indian Constitution.
2. Why has the Uniform Civil Code been in the news lately?
The Uniform Civil Code has been in the news following Uttarakhand, which became the first state to enact it on the 27th of January.
3. Can the Uniform Civil Code help address legal conflicts in a
secular and religiously diverse nation like India?
The UCC can diminish disagreements by encouraging uniformity
among universally applicable personal laws across religions. It
promotes equal rights in areas of interest. It seeks to bring equity
to all citizens by replacing law based on religion. There are
concerns regarding loss of religious and cultural identity.
However, its success will depend on how well it balances
uniformity with diversity.
4. How court decisions influenced the Uniform debate?
Rulings from courts like Shayara Bano and Sarla Mudgal have
drawn attention to variations in personal laws and their effects on
equality, especially for women. These judgements stressed the
importance of uniformity in civil laws to ensure constitutional
rights. Consequently, they have advanced the cause for India’s
adoption of the UCC.
5. Does the Uniform Civil Code (UCC) form part of the Indian
Constitution?
Yes, in fact, the idea of the UCC’s came from Article 44 of the
Constitution. It instructs the government to work toward a
uniform state. All citizens are subject to common civil law.
Nevertheless, considering that it is a part of the Directive
Principles, it isn’t enforceable or legal.
6. Will other states in India implement the Uniform Civil Code?
Following Uttarakhand’s adoption of the UCC, several other
states, have contemplated joining them. Gujarat acted by
establishing a committee to compose it, as well as Assam and
Uttar Pradesh is also considering it. Even so, there is a growing
interest, real progress will rely on political will and public
opinion in every state.
