Author: Ayushi Raj, Himachal Pradesh National Law University, Shimla
To the Point
The Uniform Civil Code (UCC) has long been envisaged as a unifying legal framework to ensure equality and justice in personal matters such as marriage, divorce, adoption, and inheritance across all religious communities in India. Enshrined in Article 44 of the Constitution under the Directive Principles of State Policy, UCC is intended to replace religious personal laws with a common civil code applicable to all citizens. Although successive governments have deliberated on its implementation, the UCC remains a politically sensitive and socially complex issue. In 2023, the 22nd Law Commission of India reignited the debate by seeking public opinion, signaling a renewed push toward the realization of this long-pending reform. The article explores the constitutional vision, recent legal developments, and the challenges and prospects ahead.
Use of Legal Jargon
The Uniform Civil Code (UCC) refers to a common set of civil laws applicable uniformly to all citizens of India, regardless of religion, caste, or gender, particularly in matters related to marriage, divorce, inheritance, and adoption. It is rooted in Article 44 of the Indian Constitution, which is part of the Directive Principles of State Policy (DPSPs)—non-justiciable guidelines that direct the State to pursue certain ideals.
India currently follows a system of legal pluralism, where different communities are governed by their respective personal laws—such as Hindu Law, Muslim Personal Law, Christian Law, etc. While criminal and commercial laws are uniform across the country, civil laws concerning the family remain fragmented. The concept of UCC, thus, attempts to introduce legal uniformity while upholding constitutional morality, which prioritizes justice, liberty, equality, and fraternity over community-specific customs that may be discriminatory—particularly against women.
Other important legal principles associated with this debate include secularism (equal respect for all religions), gender justice (eliminating discrimination on the basis of sex), and judicial review (the power of courts to ensure laws comply with the Constitution).
The Proof
The 22nd Law Commission of India, constituted in 2020, took a bold and consultative step in 2023 by issuing a public notice seeking the views of stakeholders on the feasibility and desirability of implementing a UCC. The Commission received over 8 lakh responses, highlighting the immense public interest and polarisation surrounding the issue. Unlike the 21st Law Commission, which in 2018 concluded that UCC was neither necessary nor desirable at that time, the new Commission appears more open to revisiting the issue.
Key highlights of the 2023 consultation paper include:
- A phased approach to reform, rather than an abrupt enforcement of a uniform code.
- Emphasis on gender equality and the harmonisation of personal laws.
- Advocacy for reform in specific areas like age of marriage, divorce rights, inheritance, and adoption.
- Reference to the Goa Civil Code as a working model of UCC.
The Law Commission clarified that the goal is not to erase religious identities but to harmonize the existing civil laws in a way that upholds the constitutional values of equality and justice. It also emphasized the need to reform discriminatory practices within all religious personal laws, particularly those affecting women.
Abstract
The Uniform Civil Code has been a point of convergence and conflict between constitutional principles and religious autonomy. This article critically analyses the evolving legal and political discourse surrounding the UCC in India, especially in light of the 22nd Law Commission’s fresh consultation initiative in 2023. It delves into the constitutional roots of the UCC, the key arguments on both sides, the jurisprudential developments supporting its necessity, and the socio-legal implications of its implementation. While the idea of a common civil law framework promises equality, it must also accommodate India’s deep-rooted cultural and religious diversity. The way forward lies in a cautious, inclusive, and gender-sensitive approach that balances reform with respect for pluralism.
Case Laws
1. Mohd. Ahmed Khan v. Shah Bano Begum (1985) 2 SCC 556
The Supreme Court upheld a Muslim woman’s right to maintenance under Section 125 of the CrPC, stating that personal laws could not override a woman’s right to dignity and support. The Court advocated for the UCC to promote national integration and gender equality. (Para 32)
2. Sarla Mudgal v. Union of India (1995) 3 SCC 635
In this case, the Court condemned the misuse of religious conversion to enter into polygamous marriages and highlighted the urgent need for a UCC to prevent exploitation of personal laws. (Para 35)
3. John Vallamattom v. Union of India (2003) 6 SCC 611
The Supreme Court invalidated Section 118 of the Indian Succession Act for being discriminatory against Christians, further strengthening the case for a uniform code. (Para 44)
4. Shayara Bano v. Union of India (2017) 9 SCC 1
This landmark judgment declared talaq-e-biddat (instant triple talaq) unconstitutional and emphasized that practices violating fundamental rights cannot be shielded under the guise of religion. (Para 199)
5. Indian Young Lawyers Association v. State of Kerala (2018) 10 SCC 1
Though not directly related to UCC, this case (Sabarimala Entry) upheld constitutional morality over exclusionary religious practices, reinforcing the idea that the Constitution is supreme.
6. Joseph Shine v. Union of India (2019) 3 SCC 39
By striking down the adultery law, the Court emphasized the need to abandon patriarchal and unequal personal laws, thereby supporting the broader principles that would underpin a UCC.
7. Lily Thomas v. Union of India (2000) 6 SCC 224
This judgment reinforced that conversion for second marriage without dissolving the first is legally invalid, aligning with the spirit of UCC to eliminate loopholes in personal law exploitation.
Conclusion
The debate on the Uniform Civil Code continues to be a balancing act between individual rights and group identity. The recent proactive steps by the 22nd Law Commission, including its extensive public consultations, suggest a readiness to move toward a more unified legal framework. However, India’s diverse social fabric demands that such a transition be gradual, inclusive, and mindful of sensitivities.
UCC should not be viewed as a rigid imposition but as a vehicle for ensuring equality, particularly gender justice, within the boundaries of cultural respect. A one-size-fits-all approach may not work, but harmonizing civil law to reflect constitutional values can foster true secularism. The road ahead must involve consensus-building, legal reform, and public awareness, ultimately culminating in a civil code that respects both diversity and dignity.
FAQ
Q1. What is the Uniform Civil Code (UCC)?
The UCC is a proposed set of common laws governing civil matters such as marriage, divorce, adoption, and inheritance for all citizens, regardless of religion, replacing separate personal laws based on religious practices.
Q2. Is UCC already a part of Indian law?
UCC is mentioned in Article 44 of the Indian Constitution as a Directive Principle, which means it is a goal the State should work towards but is not enforceable in court.
Q3. Will UCC abolish religious practices?
No. UCC will only standardize civil laws. It will not interfere with the religious rituals or places of worship. Religious freedom under Article 25 will remain intact.
Q4. Why is UCC controversial?
UCC is seen by some religious communities as a threat to their identity and autonomy. They fear that uniformity may lead to the imposition of majority community norms over minority practices.
Q5. Has any state in India implemented the UCC?
Yes. Goa is the only state that has implemented a uniform civil code based on Portuguese civil laws. It serves as a potential model for nationwide implementation.
Q6. Will UCC help women?
Yes. UCC aims to eliminate gender discrimination present in many personal laws. It can provide equal rights in matters like divorce, inheritance, and guardianship.
Q7. What is the position of the Supreme Court on UCC?
The Supreme Court has repeatedly emphasized the need for UCC in cases like Shah Bano, Sarla Mudgal, and Shayara Bano, stressing that personal laws must align with constitutional values.
Q8. What are the next steps for UCC after the Law Commission’s report?
The central government may draft legislation based on the Commission’s findings. However, successful implementation will require bipartisan political support, stakeholder consultation, and public consensus.
