Author: Alisha Fatima Safvi from Shri Ramswaroop Memorial University
Abstract
The Uniform Civil Code (UCC), envisaged under Article 44 of the Indian Constitution, remains a constitutional ideal that promises equality before law through uniform personal laws, transcending religion, caste, or gender. However, the UCC is entangled in political controversy, cultural sensitivities, and judicial interpretations. This article explores whether the UCC is a genuine constitutional necessity or a political slogan cloaked in legal reform. It also examines how major case laws like Shah Bano, Daniel Latifi, Sarla Mudgal, and Shayara Bano have shaped this complex discourse.
Legal Jargon Used
Directive Principles: Article 44 guides UCC but is not enforceable.
Constitutional Morality: Used to strike down unjust religious practices.
Harmonious Construction: Balancing personal laws with constitutional rights.
Gender Justice: Core aim of UCC, aligned with Articles 14–15.
Secularism: UCC promotes uniformity in a secular state.
Customary Law: Region-specific laws, especially in NE, often exclude women and need reform.
Introduction
The Uniform Civil Code (UCC) aims to replace the diverse personal laws based on religious traditions with a single secular code for all citizens governing marriage, divorce, adoption, and inheritance. While Article 44 of the Constitution directs the State to strive for a UCC, implementation has remained elusive. This is largely due to fears of cultural erosion, political misuse, and the delicate balance between religious freedom (Articles 25–28) and equality (Articles 14–15)
Historical and Constitutional Context
During the Constituent Assembly debates, Dr. B.R. Ambedkar strongly supported a Uniform Civil Code, considering it essential for national integration and gender equality. However, due to resistance from religious groups, UCC was relegated to the Directive Principles of State Policy, making it non-justiciable.
Even today, the UCC remains one of the most polarising legal issues, with political parties, religious communities, and gender rights activists holding sharply divergent views.
Judicial Approach and Landmark Case Laws
The judiciary has been a proactive voice in the call for UCC, even when the legislature has hesitated. Below are key judgments that form the backbone of UCC jurisprudence:
1. Mohd. Ahmed Khan v. Shah Bano Begum (1985)
In this landmark case, the Supreme Court ruled that Section 125 CrPC applied to all citizens regardless of religion, and thus a divorced Muslim woman was entitled to maintenance.
Justice Chandrachud observed:
“A common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.”
The case triggered national debate and religious backlash, leading to the Muslim Women (Protection of Rights on Divorce) Act, 1986, which was later challenged in Daniel Latifi.
2. Daniel Latifi v. Union of India (2001)
The Supreme Court upheld the validity of the 1986 Act but interpreted it to mean that Muslim husbands must make a reasonable and fair provision for their wives’ future within the iddat period.
The Court cleverly harmonised personal laws with constitutional rights, strengthening the case for a gender-just UCC.
3. Sarla Mudgal v. Union of India (1995)
Here, Hindu men converted to Islam solely to practice polygamy. The Court ruled that this act was fraudulent and declared such second marriages void.
The judgment delivered a powerful plea for the UCC, stating:
“Where more than one personal law exists, there is room for abuse and exploitation.”
4. John Vallamattom v. Union of India (2003)
A provision in the Indian Succession Act discriminated against Christians donating property for religious purposes. The Supreme Court struck it down as violative of Article 14, reaffirming that religion cannot be a basis for legal inequality, and reiterated the need for a UCC.
5. Shayara Bano v. Union of India (2017)
Popularly known as the Triple Talaq case, the Court invalidated talaq-e-biddat as unconstitutional. The judgment was a milestone in personal law reform, showcasing how personal practices violating dignity and equality can be struck down.
6. Jordan Diengdeh v. S.S. Chopra (1985)
The Court advocated for uniform family law in divorce and maintenance issues and lamented the lack of uniformity across religions, calling it a “total misfit in a secular nation”.
The North East: Customary Laws and Gender Justice
In the North East states, opposition to UCC stems not from religion, but from the protection of customary tribal laws under:
Sixth Schedule (Article 244)
Articles 371A to 371G
These laws protect traditional practices related to marriage, land, and inheritance. However, they often exclude women from decision-making bodies, like:
Village Councils in Nagaland
Durbars in Meghalaya
Even in matrilineal societies (e.g., Khasis), women are custodians but not controllers of property. As land use becomes commercialised, women are increasingly left behind.
The Naga Mothers’ Association has taken legal action to demand greater participation in governance, showing that customary laws can be challenged through constitutional remedies.
Thus, the conflict between UCC and customary rights must be resolved with sensitivity, recognising both the value of cultural autonomy and the need for gender justice.
Recent Developments
Uttarakhand became the first state in 2024 to pass a UCC.
Gujarat and Assam have expressed similar intent.
The 22nd Law Commission is seeking public views on UCC implementation.
Challenges in Implementation
Religious Freedom vs. Equality: Articles 25–28 protect religious practices, while Articles 14 and 15 ensure equality.
Political Exploitation: UCC has become a polarising issue, often used in election rhetoric.
Cultural Sensitivities: Particularly in tribal and minority communities, UCC is viewed as an assault on identity.
Conclusion
The Uniform Civil Code is not merely a legal reform; it is a constitutional promise, yet to be fulfilled. The judiciary has repeatedly voiced its support through progressive judgments, urging the legislature to act. However, the diversity of India’s legal and cultural landscape means that a one-size-fits-all approach may alienate communities instead of uniting them.
Hence, the way forward is not abrupt imposition, but consultative, phased, and inclusive reform, starting with gender-equal personal law reforms within communities, especially where customary laws fail to ensure justice for women.
The roadmap to a Uniform Civil Code need not be a clash between tradition and modernity, or between majority and minority identities. Rather, it can be a path to shared constitutional values; especially gender equality, legal certainty, and human dignity. Revisiting and reforming personal and customary laws in this spirit will make the idea of UCC less of a political flashpoint and more of a national legal aspiration fulfilled by consensus.
Ultimately, UCC must be about realising constitutional values, not pushing political narratives.
The Proof
Article 44 of the Constitution envisions UCC; Articles 14 & 15 support equality; Articles 25–28 protect religious freedom.
Shah Bano (1985): Maintenance under Section 125 CrPC applies to all; triggered debate on UCC.
Daniel Latifi (2001): Upheld Muslim Women Act but ensured fair maintenance.
Sarla Mudgal (1995): Conversion for polygamy struck down; UCC needed to avoid misuse.
Shayara Bano (2017): Triple Talaq declared unconstitutional.
Goa Civil Code: A functional model of UCC.
Sixth Schedule & Article 371: Protect NE tribal customary laws.
22nd Law Commission and states like Uttarakhand have initiated UCC implementation.
FAQS
Q1. What is the Uniform Civil Code (UCC)?
A: The UCC refers to a common set of civil laws that would govern all Indian citizens uniformly in matters such as marriage, divorce, inheritance, adoption, and succession, irrespective of their religion, caste, or tribe. It aims to ensure equality and eliminate discrepancies between personal laws.
Q2. Is the UCC enforceable under the Indian Constitution?
A: The UCC is enshrined in Article 44 of the Directive Principles of State Policy (DPSP). Although it is not enforceable by courts, it is a constitutional goal that the State is expected to work towards.
Q3. Why is UCC a controversial issue?
A: UCC is controversial because:
It is perceived by some religious and minority groups as a threat to cultural and religious autonomy.
Others see it as a tool for gender justice and legal uniformity.
Its politicisation during elections also adds to the mistrust.
Q4. What are the concerns of the North Eastern states regarding UCC?
A: In the North East, many communities are governed by customary laws, protected under Article 371 and the Sixth Schedule. These communities fear that UCC may undermine their traditional governance structures, especially concerning land and marriage practices.
Q5. Is there a model for UCC already in practice in India?
A: Yes. The Goa Civil Code, based on Portuguese law, is often cited as a working model of UCC in India. It applies uniformly to all communities in Goa, with some exceptions for customs.
