Author: Jhanvi Panday, student at University of Lucknow
To The Point
The Uniform Civil Code (UCC) is about bringing one common civil law for every citizen of India, regardless of their religion. It would apply to personal matters like marriage, divorce, inheritance, and adoption. Right now, different communities follow their own personal laws, which creates inequality in many cases, especially for women.
The idea of UCC has been derives from Article 44 of the Indian Constitution. It says that the State should try to bring in a uniform civil code for all citizens. But it’s important to remember that this article is a Directive Principle, meaning it’s not enforceable by any court.
Supporters of UCC believe it can help ensure equality and justice, especially when it comes to gender rights. For example, some personal laws allow practices like polygamy or unequal inheritance, which go against the idea of equality under Article 14.
On the other hand, many people feel that UCC could interfere with the right to practice one’s religion, which is protected under Articles 25 to 28. India is a diverse country with many cultures and traditions, and applying one law to all might ignore that diversity.
In simple terms, the debate around UCC is about finding a balance — making sure everyone is treated equally under the law, while also respecting people’s religious and cultural beliefs.
Use of Legal Jargon
The Uniform Civil Code is mentioned under Article 44 of the Indian Constitution, which comes under the Directive Principles of State Policy. These are not enforceable by courts but act as guiding principles for the government while making laws. On the other hand, Article 25 to 28 fall under Fundamental Rights, which are legally enforceable and protect the right to religion and religious practices.
The debate around UCC also involves terms like secularism, which means the State should not favour any religion. Another important concept is constitutional morality, which asks lawmakers and courts to follow the core values of the Constitution like justice, liberty, and equality, even if it goes against popular beliefs.
Laws that affect religion must also pass the test of reasonable restrictions, which can be applied in the interest of public order, morality, and health. When the court interprets laws like UCC, it tries to maintain a balance between Fundamental Rights and Directive Principles.
The Proof
The demand for a Uniform Civil Code isn’t just theoretical — it has been raised and supported by the judiciary in many important cases. One of the earliest was Shah Bano v. Mohd. Ahmed Khan (1985), where the Supreme Court ruled that a Muslim woman had the right to maintenance under secular criminal law, even if her personal law said otherwise. The Bench also highlighted the significance of UCC for women irrespective of their religion.
Another key case is Sarla Mudgal v. Union of India (1995), where Hindu men were converting to Islam just to marry again without getting divorced. The Court said that this misuse of personal laws created legal confusion and again stressed that a UCC would stop such manipulation and protect the spirit of law.
Apart from the courts, the Law Commission of India has also addressed this issue. In its 2018 consultation paper, the Commission said that a full UCC might not be needed right now, but there is a strong need for reforms within all personal laws to make them more equal and fair.
Most recently, in 2024, the state of Uttarakhand passed a Uniform Civil Code for its citizens. It covers marriage, divorce, adoption, and inheritance and applies to all religions in the state — except for Scheduled Tribes. This was a big move, and it shows that implementing UCC is possible, at least at the state level.
Abstract
The Uniform Civil Code (UCC) has long been a subject of intense debate and discussion in India . While it promises a single civil law for all citizens to promote equality and simplify legal processes, it also raises concerns about religious freedom and cultural identity. The idea behind UCC is to bring fairness in personal matters like marriage, divorce, and inheritance, but applying one law to such a diverse country is not that simple.
This article takes a balanced look at the legal, social, and constitutional aspects of UCC. It highlights arguments from both sides, examines key case laws, and discusses whether UCC truly supports justice for all or risks ignoring the country’s cultural roots.
Case Laws
- Shah Bano v. Mohd. Ahmed Khan (1985)
In this case, Shah Bano, a Muslim woman, was divorced by her husband and denied maintenance. The Apex Court stated that the Right to Maintainence under Section 125 of CrPC was provided to her, which applies to all the citizens, not confined to a particular religion. This case brought the idea of UCC into public discussion because the Court clearly stated that a common civil code would help protect the rights of women like Shah Bano.
- Sarla Mudgal v. Union of India (1995)
Here, the issue was that some Hindu men were converting to Islam just to marry again without divorcing their first wife, since bigamy is not allowed under Hindu law but allowed under Muslim personal law. The Court said this kind of misuse of religion should not be allowed, and again mentioned that a Uniform Civil Code would stop such confusion and ensure legal clarity and fairness.
- John Vallamattom v. Union of India (2003)
In this case, a Christian priest challenged a law that stopped Christians from donating property for religious purposes through a will. The Court agreed that this law was unfair and went against the right to equality. This case showed how personal laws sometimes go against the Constitution, and how reforms or a common code can fix such problems.
- Uttarakhand UCC Act, 2024
Uttarakhand became the first Indian state to bring in its own Uniform Civil Code. It covers laws related to marriage, divorce, inheritance, live-in relationships, etc. But it also exempts Scheduled Tribes from the law. This shows that even a UCC needs to be flexible and sensitive towards cultural and tribal communities. This act proves that implementation of UCC is possible, though not without challenges
Conclusion
The Uniform Civil Code is not just a legal reform, it’s a sensitive subject that connects with people’s identity, religion, and rights. While the idea of one law for all sounds fair and equal, in a country as diverse as India, it’s not that easy to apply.
UCC has the potential to promote gender equality, reduce legal confusion, and simplify the law for everyone. But at the same time, it can’t ignore the cultural and religious differences that exist across communities. The challenge is to find a way that respects both — individual rights and collective traditions.
Instead of forcing a sudden change, the better path might be to reform personal laws step-by-step, while encouraging open discussions and building trust among communities. This way, India can move closer to justice without losing its diversity.
FAQ
Q1. Is the Uniform Civil Code currently applied in India?
Ans: No, there is no national-level UCC yet. However, Goa follows a common civil law, and Uttarakhand became the first state to pass a UCC in 2024.
Q2. Does the UCC affect religious freedom?
Ans: UCC deals only with civil matters like marriage, divorce, and inheritance. It does not interfere with religious rituals or beliefs, but some communities still fear it may affect their personal traditions.
Q3. Why is UCC important for gender justice?
Ans: In many personal laws, women face discrimination in matters like inheritance and divorce. UCC can help ensure equal rights for all genders by applying the same law to everyone.
Q4. Can the government force UCC on all communities?
Ans: Since Article 44 is a Directive Principle, it’s not enforceable in court. The government can bring UCC only through law-making, and it must balance it with Fundamental Rights under Articles 25–28.
Q5. What is the primary difficulty India faces in adopted the UCC?
Ans: The biggest challenge is India’s cultural and religious diversity. Bringing one law for everyone without hurting sentiments or ignoring traditions is a difficult but important task.
