Author: Eshika Sahay, Netaji Subhas University
To the Point
The Uniform Civil Code (UCC) is a long-debated reform in India, aimed at creating a single set of civil laws that would govern all citizens equally, regardless of their religion. It seeks to unify laws relating to marriage, divorce, adoption, succession, and inheritance, which currently differ across religious communities.
Anchored in Article 44 of the Indian Constitution—part of the Directive Principles of State Policy (DPSP)—UCC aspires to ensure equality before the law, bolster national integration, and promote secularism. However, it faces consistent resistance, especially due to fears that it may infringe upon religious freedoms guaranteed under Article 25. The heart of the debate lies in balancing individual rights and community autonomy in a diverse society like India.
Use of Legal Jargon
Directive Principles of State Policy (DPSP): Guidelines for governance, not enforceable in court but fundamental in state policy-making.
Secularism: The principle that the State maintains impartiality toward all religions.
Personal Laws: Community-specific civil laws rooted in religion and tradition.
Article 25: Grants every citizen the freedom to profess, practice, and propagate religion.
Article 14: Guarantees equality before the law and equal protection by the State.
The Proof
1. Constitutional Backing:
Article 44 of the Constitution clearly states:
> “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
2. Law Commission’s 2018 View:
The Commission opined that a UCC is “neither necessary nor desirable at this stage,” but highlighted the urgent need for incremental reform in existing personal laws.
3. The Goa Example:
Goa stands as India’s only state implementing a common civil code, inherited from the Portuguese Civil Code. It is often showcased as a successful pilot model for a pan-India UCC.
4. Judicial Reflections:
In the Shah Bano case, the Supreme Court strongly advocated for gender justice and lamented the lack of a uniform code.
The Sarla Mudgal judgment exposed how loopholes in personal laws were misused, again calling for uniformity.
Abstract
The goal of the much-discussed Uniform Civil Code (UCC) is to unify all Indian citizens under a single set of secular civil rules. Regardless of a person’s gender, caste, or religion, these laws would regulate private affairs such as marriage, divorce, inheritance, and adoption. Article 44 of the Indian Constitution, which urges the state to work toward uniform civil laws throughout the nation, is the foundation of the UCC’s concept.
Fundamentally, the UCC aims to replace individual laws that are frequently impacted by religion scriptures and customs in order to guarantee equality, justice, and fairness for all. Such a code, according to its proponents, would promote national unity, lessen gender discrimination, and protect fundamental rights. It is far from easy to put this idea into reality, though.
Due to the cultural and religious diversity of India, the UCC’s implementation is a contentious and delicate subject. Many worry that a unified code may jeopardize the unique traditions and identities of diverse cultures, even though the proposal’s core tenets are equality of treatment and secularism. The continuous discussion highlights the larger difficulty of finding a middle ground between upholding the heterogeneity that characterizes Indian society and establishing a fair judicial system.
Case Laws
Mohd. Ahmed Khan v. Shah Bano Begum (1985)
The Supreme Court ruled in favor of maintenance rights for a divorced Muslim woman under Section 125 of CrPC, and criticized the non-implementation of UCC for perpetuating gender inequality.
Sarla Mudgal v. Union of India (1995)
The Court condemned the misuse of religious conversions by Hindu men to practice polygamy. It reiterated the need for a uniform code to close such legal loopholes.
John Vallamattom v. Union of India (2003)
The Court invalidated Section 118 of the Indian Succession Act, which discriminated against Christians, and emphasized the constitutional need for a common civil law.
ABC v. State (NCT of Delhi) (2015)
Recognized the rights of an unwed Christian mother to be her child’s sole guardian without the father’s consent—an important step toward equal treatment across personal laws.
Conclusion
The conversation around the Uniform Civil Code (UCC) continues to stir debate in India, as the nation attempts to balance its secular ideals with the need to respect diverse religious traditions. While Article 44 of the Indian Constitution calls for a uniform set of civil laws applicable to all citizens, its actual implementation has long been postponed due to political complexities and India’s deeply pluralistic society.
Importantly, the UCC does not aim to dilute or eliminate religious identities. Instead, its core purpose is to promote equality, gender justice, and national unity through a consistent civil legal framework. Personal laws—governing areas such as marriage, divorce, inheritance, and adoption—often contain provisions that disadvantage women or conflict with the principles of fundamental rights. A thoughtfully designed UCC could help align these personal laws with Articles 14 (right to equality), 15 (prohibition of discrimination), and 21 (right to life and personal liberty), ensuring every citizen is treated with fairness and dignity.
Moving forward, the key lies in a balanced and inclusive approach. Broad-based consultations, transparent dialogue with stakeholders, and a gradual rollout of reforms are essential. Raising public awareness and encouraging participation from all communities will ensure that the UCC is both just and representative of India’s diverse fabric.
Ultimately, if framed with sensitivity and foresight, the Uniform Civil Code can be a transformative step towards achieving the constitutional vision of equality, unity, and justice for all.
FAQS
Q1. Is the Uniform Civil Code currently enforceable in India?
No. UCC is mentioned in the Constitution under Directive Principles, which are not legally binding but serve as guidelines for policymaking.
Q2. Will UCC eliminate religious customs?
Not at all. UCC intends to standardize civil laws related to marriage and inheritance, but religious beliefs and rituals remain protected under Article 25.
Q3. Which state in India follows UCC?
Goa is the only state with a uniform civil code for all citizens, rooted in colonial-era Portuguese law.
Q4. Why is UCC a sensitive issue?
Some minority groups view UCC as an encroachment on their religious freedom, sparking apprehension about loss of identity and autonomy.
Q5. What is the current government’s position on UCC?
The government has shown political interest in implementing UCC, as reflected in speeches and manifestos. However, no formal bill has been passed yet.
