Author: Divya Mishra, City Law College
Abstract
The Uniform Civil Code (UCC) is one of the most debated yet enduring constitutional ideas in India. Rooted in Article 44 of the Constitution, it represents the aspiration to govern civil aspects of life—such as marriage, divorce, maintenance, adoption, inheritance, and succession—through a common legal framework applicable to all citizens, irrespective of religion. More than a legal reform, the UCC engages deeply with questions of identity, faith, gender justice, and constitutional morality. Despite repeated judicial encouragement and academic endorsement, the UCC remains unrealised due to social sensitivities and political hesitation. This article offers a thoroughly original, human-centred, and doctrinal examination of the UCC by contextualising constitutional intent, judicial reasoning, and everyday lived realities. It argues that the UCC should not be viewed as an imposition of uniformity, but as a gradual constitutional process aimed at dignity, equality, and substantive justice
To the Point
The Uniform Civil Code seeks to replace fragmented religion-based personal laws with a unified civil law applicable to all citizens. While India follows a uniform criminal justice system, personal laws continue to differ across religious communities, often producing unequal and unjust outcomes. Article 44 of the Constitution urges the State to move towards such uniformity, not through force, but through social reform and democratic consensus. The primary aim of the UCC is to uphold equality before law, gender justice, and legal certainty, while strengthening national unity. Resistance to the UCC largely arises from fears of cultural dilution and infringement of religious freedom. However, the constitutional challenge lies in harmonising faith with fundamental rights rather than privileging one over the other.
Use of Legal Jargon
The Uniform Civil Code discourse is anchored in constitutional expressions such as Directive Principles of State Policy, constitutional supremacy, substantive equality, secular governance, religious autonomy, and transformative constitutionalism. Article 44 constitutes a non-enforceable directive that nonetheless imposes a constitutional obligation upon the State. Personal laws, though religious in origin, regulate civil relations and are therefore subject to constitutional scrutiny. Judicial interpretation has consistently relied on principles such as harmonious construction, balancing of fundamental rights, and progressive realisation of constitutional goals. The UCC debate thus represents an evolving constitutional dialogue rather than a static legislative demand.
The Proof
Constitutional Vision and Historical Context
Article 44 states that the State shall endeavour to secure a Uniform Civil Code throughout India. The phraseology reflects a conscious choice by the Constitution’s framers to adopt a gradual and reformative approach. During the Constituent Assembly Debates, members expressed divergent views—some advocating immediate uniformity, others warning against social disruption. Dr. B.R. Ambedkar clarified that civil laws must ultimately be governed by constitutional principles and that religious practices cannot claim absolute immunity in matters affecting civil rights.
By placing the UCC within Part IV, the framers acknowledged social realities while simultaneously laying down a constitutional roadmap. The message was clear: personal laws may continue temporarily, but they cannot remain untouched by the ideals of equality and justice indefinitely.
Secularism in the Indian Constitutional Framework
Indian secularism does not mandate the exclusion of religion from public life. Instead, it requires the State to treat all religions equally while intervening where necessary to reform discriminatory practices. Personal laws, though closely linked with religious traditions, regulate secular aspects such as property, marital status, and succession. When these laws create unequal civil consequences, they enter the domain of constitutional concern.
In lived reality, this inequality manifests when individuals—particularly women—receive different legal outcomes solely due to religious affiliation. The UCC addresses this inequity by asserting that citizenship, rather than religion, should determine civil rights.
Gender Justice and Human Dignity
Gender justice forms the ethical foundation of the UCC debate. Across communities, personal laws have historically reflected male-centric norms that marginalise women’s rights in matters of marriage, divorce, inheritance, and maintenance. Although reforms have been introduced within specific personal laws, such changes remain uneven and incomplete.
The Constitution guarantees not only equality before law but also dignity and autonomy under Article 21. A uniform civil framework promises to transform these guarantees into lived realities by ensuring that women’s rights are consistent, predictable, and independent of religious identity. In this sense, the UCC speaks directly to everyday human experiences rather than abstract legal theory.
Case Laws
Mohd. Ahmed Khan v. Shah Bano Begum (1985)
This case highlighted the vulnerability of divorced women under personal law regimes. The Supreme Court held that a Muslim woman was entitled to maintenance under Section 125 of the Code of Criminal Procedure, emphasising that secular welfare legislation transcends religious boundaries. The judgment observed that the absence of a Uniform Civil Code perpetuates legal inconsistency and social injustice.
Sarla Mudgal v. Union of India (1995)
The Court examined instances where individuals converted religions to circumvent monogamy laws. Declaring such conduct legally impermissible, the Court reiterated that the continued absence of a UCC enables misuse of personal laws and undermines the rule of law.
John Vallamattom v. Union of India (2003)
Striking down discriminatory succession provisions, the Supreme Court held that personal laws must conform to constitutional values. The judgment reaffirmed that equality is a foundational principle that cannot be subordinated to religious classification.
Shayara Bano v. Union of India (2017)
By invalidating the practice of instant triple talaq, the Court reinforced the doctrine that personal laws are subject to fundamental rights. The decision marked a decisive step towards aligning personal law practices with constitutional morality.
Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019)
The Court acknowledged Goa’s civil law system as an illustration of uniform civil regulation functioning within India’s diverse social fabric. It noted that legal uniformity in civil matters need not threaten cultural plurality.
Conclusion
The Uniform Civil Code is not a challenge to religious diversity but a constitutional effort to ensure equal civil rights for all citizens. Its prolonged non-implementation reflects societal hesitation rather than constitutional deficiency. A humane and inclusive approach—rooted in dialogue, gradual reform, and public participation—is essential for translating Article 44 into reality.
The true success of the UCC will lie not in enforcing sameness, but in guaranteeing that every individual, regardless of faith, enjoys equal dignity, autonomy, and protection under law. When constitutional morality informs social practice, the spirit of the Uniform Civil Code will stand fulfilled.
FAQS
1. What does the Uniform Civil Code mean?
It refers to a single set of civil laws governing personal matters for all citizens, irrespective of religion.
2. Is the UCC legally enforceable?
No. It is a Directive Principle under Article 44 and serves as a guiding constitutional objective.
3. Does the UCC restrict religious freedom?
The UCC regulates civil matters, not religious worship. Constitutional law permits regulation of secular activities associated with religion.
4. Why is the UCC associated with women’s rights?
Because many personal laws contain discriminatory provisions, and a uniform law aims to ensure equal civil rights for all genders.
5. Has the judiciary supported the UCC?
Yes. The Supreme Court has repeatedly emphasised its desirability while leaving implementation to the legislature.
6. Is Goa an example of the UCC?
Goa follows a common civil code applicable to all residents, often cited as an operational model.
7. What is the constitutional way forward?
Gradual reform, social consensus, and alignment of personal laws with constitutional values provide the most sustainable path.
