Author: Devyani Vig, New Law College, Pune
To The Point
The concept of a Uniform Civil Code (UCC), enshrined in Article 44 of the Indian Constitution, has long been one of the most debated and sensitive legal issues in India. It seeks to establish a consistent set of personal laws governing marriage, divorce, inheritance, adoption, and maintenance for all individuals, irrespective of their religious beliefs. Even though the concept is based on secularism and equality, India’s religious and cultural diversity has frequently made it difficult to implement. In a landmark move, the Uttarakhand government became the first state in independent India to pass a Uniform Civil Code law in February 2024. This Act brings sweeping changes by replacing religion-based personal laws with a common civil framework for all residents of the state. Social justice, gender equality, and consistency in civil cases are the goals of the law. Important clauses include equal inheritance rights for sons and daughters, consistent marriage registration regulations, and a prohibition on underage marriage and polygamy in all cities. While hailed as a progressive step by some, the Act has sparked legal and political debates nationwide. Critics argue that it may infringe upon the fundamental right to religious freedom guaranteed under Articles 25 and 26. Supporters, however, see it as a long-overdue fulfillment of constitutional promise and a step toward social reform. As other states now consider adopting similar laws, the Uttarakhand UCC Act, 2024, marks the beginning of a new legal and constitutional chapter in India. This article delves into its legal foundation, key features, judicial context, potential implications, and the larger question: Can legal uniformity coexist with religious pluralism in a secular democracy like India?
Abstract
The Uniform Civil Code (UCC) has remained one of the most contested and ideologically sensitive debates in Indian constitutional law. Rooted in Article 44 of the Directive Principles of State Policy, the UCC proposes a uniform set of personal laws for all citizens regardless of religion, caste, or community. For decades, the UCC has existed more as an aspirational goal than a legal reality, until the Uttarakhand government took a decisive step in 2024, becoming the first Indian state to enact a comprehensive Uniform Civil Code. This article critically examines the Uttarakhand UCC Act, 2024, outlining its key provisions and assessing its implications on personal laws, gender equality, religious freedom, and federalism. The Act introduces sweeping reforms in matters of marriage, divorce, adoption, inheritance, and maintenance, with the stated objective of promoting legal uniformity and social justice. However, its passage has triggered robust debate, raising questions about its constitutional validity, potential judicial review, and its alignment with Articles 14, 25, and 26 of the Constitution. Through a study of constitutional principles, judicial precedents, and social perspectives, this article explores whether Uttarakhand’s bold move represents genuine legal reform or a political maneuver in disguise. It further reflects on whether the implementation of UCC across India is feasible or desirable in a society as pluralistic and diverse as India.
Use of Legal Jargon
Uniform Civil Code: The Uniform Civil Code (UCC) is a legal framework proposed to establish a consistent set of civil laws that apply uniformly to all individuals, regardless of their religion, caste, or community. It seeks to govern personal matters such as marriage, divorce, succession, and adoption under a single, secular legal system. The underlying objective of the UCC is to eliminate disparities in personal laws, thereby fostering equality among citizens and reinforcing the secular and unified character of the Indian state.
Article 44: Article 44, found within the Directive Principles of State Policy in the Indian Constitution, encourages the State to work toward establishing a Uniform Civil Code across the country. Although not enforceable in a court of law, this provision reflects a guiding principle intended to achieve legal consistency in civil matters for all citizens.
Article 25: Article 25 protects everyone’s right to freedom of conscience and the freedom to exercise, declare, and propagate any religion. However, this freedom does not apply to secular activities connected to religious practices and is subject to reasonable limitations in the interest of morality, public order, and health.
Article 26: Article 26 gives religious organizations the authority to administer their own religious affairs, such as creating and running institutions, holding property, and overseeing internal governance. These rights, however, must also conform to the broader interests of public order, morality, and health as defined by the Constitution.
Article 14: Article 14 upholds the principle that all individuals are equal before the law and are entitled to equal protection under it. This article prohibits arbitrary or discriminatory treatment by the State and serves as a foundation for challenging laws or practices that violate the right to equality, including unjust personal laws.
Section 125 of Crpc: Section 125 of the CrPC provides a legal remedy for dependents such as wives, minor children, and elderly parents who are unable to support themselves. It allows a magistrate to order financial maintenance from those legally bound to provide for them, and applies uniformly across all religions, making it a key provision for social justice.
The Proof
The enactment of the Uttarakhand Uniform Civil Code Act, 2024, represents a pivotal development in the evolution of India’s civil legal system. For decades, Article 44 of the Constitution, embedded in the Directive Principles of State Policy, remained an aspirational directive with no legislative action at the Union level. It envisaged the creation of a uniform civil framework to regulate matters such as marriage, divorce, adoption, and succession, transcending religious boundaries. The political and social sensitivity surrounding the issue led to its consistent deferment. However, with the Uttarakhand government passing the country’s first Uniform Civil Code legislation in 2024, a long-standing constitutional promise has now entered the domain of enforceable law. From a legal standpoint, the Uttarakhand Legislature was competent to pass this law under the Concurrent List of the Seventh Schedule, which empowers both the Union and State governments to legislate on subjects like marriage, divorce, and inheritance. Therefore, the Act falls within the State’s legislative competence. Furthermore, the enactment is in harmony with constitutional principles of secularism, equality before the law under Article 14, and gender justice. While Article 44 is not justiciable, the statute is a legitimate effort by a State government to operationalize constitutional morality through codification of civil rights. The Act seeks to replace religion-based personal laws with a uniform set of provisions, thus eliminating legal inconsistencies and discriminatory practices. It mandates the compulsory registration of marriages across all communities, establishes equal inheritance rights for sons and daughters, prohibits bigamy and polygamy, and introduces gender-neutral norms in areas such as divorce, maintenance, and guardianship. By removing arbitrary distinctions based on religion or gender, the law passes the test of non-arbitrariness and furthers the objective of legal uniformity in civil matters. The Indian judiciary has, on several occasions, underlined the need for a Uniform Civil Code to ensure consistency and fairness in the application of civil laws. In Sarla Mudgal v. Union of India (1995), the Court condemned the misuse of religious conversion to bypass monogamy, reinforcing the demand for a uniform legal framework. A more recent ruling by the Supreme Court in Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019) highlighted the successful implementation of a Uniform Civil Code in Goa and noted with concern that Article 44 had seen little to no progress in the rest of the country. Such judicial observations strongly endorse the introduction of a UCC as a means to promote equality and strengthen national unity. One of the most frequently cited criticisms of the Uniform Civil Code is its alleged interference with the right to religious freedom under Articles 25 and 26. However, the Supreme Court has consistently drawn a clear line between essential religious practices and secular activities. Matters like marriage, divorce, and succession, although influenced by religion, are essentially secular and therefore subject to state regulation. The Uttarakhand Act confines itself strictly to civil aspects, leaving spiritual and religious practices untouched. It therefore remains within the permissible limits of reasonable restrictions that the State may impose on religious freedom. With the passage of this Act, Uttarakhand has positioned itself as a pioneering state, potentially paving the way for a nationwide movement towards civil uniformity. While the Act may face judicial scrutiny, especially if challenged on the grounds of infringing on personal laws or federal principles, its legal grounding and alignment with constitutional ideals make it a strong candidate to withstand such review. If other states follow suit, the Uttarakhand UCC Act could evolve into a legislative model for balancing individual rights with the collective aspiration for equality and secularism in India’s legal framework.
Case Laws
Mohd. Ahmed Khan v. Shah Bano Begum (1985):
In the landmark decision of Mohd. Ahmed Khan v. Shah Bano Begum (1985), the Supreme Court examined the entitlement of a Muslim woman to claim maintenance under a secular statute. Shah Bano was a 62 year old women whose husband divorced her after almost four decades of their marriage through triple talaq. Following the divorce, her husband refused to provide her with maintenance, arguing that his obligation was limited to the period of iddat under Islamic law. She sought relief under Section 125 of the Criminal Procedure Code (CrPC)—a secular legal provision that ensures financial support for wives who are unable to maintain themselves. The Supreme Court ruled in her favor, holding that a divorced Muslim woman is entitled to maintenance under Section 125 CrPC, and that this provision overrides personal laws when it comes to ensuring basic human rights. The Court also emphasized the importance of enacting a Uniform Civil Code to eliminate conflicts between personal laws and the principles of justice, equality, and dignity guaranteed by the Constitution.
Sarla Mudgal v. Union of India (1995):
The case of Sarla Mudgal v. Union of India addressed the issue of Hindu men converting to Islam solely for the purpose of entering into a second marriage, thereby avoiding the restrictions of monogamy under the Hindu Marriage Act, 1955. According to the Supreme Court, conversions carried out dishonestly do not end a first marriage; instead, a second marriage under these circumstances would be considered bigamy and is punishable under IPC under section 494. The Court emphasized that allowing such misuse of personal laws undermines the sanctity of marriage and equality before the law. It strongly advocated for the implementation of a Uniform Civil Code (UCC) to eliminate legal loopholes that arise from having multiple personal laws for different religions. The judgment underscored that a UCC would not only uphold secularism but also promote gender justice and legal uniformity in a diverse country like India.
Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019):
In Jose Paulo Coutinho v. Maria Luiza Valentina Pereira, the Supreme Court dealt with a property succession matter under the Goa Civil Code, which is India’s only example of a functioning Uniform Civil Code. The Court praised Goa for having a single set of civil laws that apply equally to all citizens, regardless of religion, particularly in matters of marriage, divorce, and inheritance. While upholding the uniform legal framework followed in Goa, the Court expressed regret that Article 44 of the Constitution, which encourages the State to implement a Uniform Civil Code, had not been meaningfully pursued in the rest of India. The Court described the prolonged inaction as unfortunate and stressed that the diversity of personal laws often leads to inequality and legal uncertainty. This judgment reinvigorated the national debate around UCC and was seen as a judicial endorsement for applying similar uniform laws throughout the country.
Conclusion
The enactment of the Uttarakhand Uniform Civil Code Act, 2024 represents a significant stride toward harmonizing personal laws in India. While Article 44 of the Constitution has long advocated for a common civil code, this is the first substantial step taken by a state government to translate that vision into law. The Act seeks to promote legal uniformity, gender equality, and social justice by eliminating discriminatory practices embedded in various personal laws. Although concerns have been raised regarding religious freedom and cultural autonomy, the legislation stays within constitutional boundaries and regulates only secular aspects of personal life. Judicial precedents have consistently supported the idea of a Uniform Civil Code, recognizing its potential to uphold equality and national integration. As the Uttarakhand model unfolds, it may serve as a blueprint for other states, triggering a broader legal and political dialogue on balancing constitutional secularism with the country’s pluralistic fabric.
FAQS
What does the Uniform Civil Code aim to achieve?
The Uniform Civil Code is intended to create a single set of civil laws that apply equally to all individuals, regardless of their religion or background, especially in matters like marriage and inheritance.
Has the UCC been implemented across India?
No, it has not. As of now, only the state of Uttarakhand has passed legislation to bring a Uniform Civil Code into effect within its jurisdiction.
Will the UCC interfere with religious customs?
The UCC focuses only on civil issues and does not regulate religious rituals or spiritual practices, which remain protected under the Constitution.
What are the Uttarakhand UCC’s salient characteristics?
The law introduces uniform rules for marriage registration, equal property rights for men and women, and bans practices like polygamy.
Can other Indian states adopt a UCC?
Yes, states have the authority to make laws on civil matters, so they are legally permitted to introduce their own versions of a UCC.
Sources
https://lawvs.com/articles/establishing-uniform-civil-code-towards-equality-and-cohesion
https://www.tscld.com/uniform-civil-code-a-critical-analysis
https://www.numberanalytics.com/blog/uniform-civil-code-path-to-gender-justice
https://www.loc.gov/item/global-legal-monitor/2024-03-21/india-legislative-assembly-of-uttarakhand-enacts-uniform-civil-code
https://www.thehindu.com/opinion/op-ed/legal-pluralism-in-personal-law/article29825335.ece
https://blog.ipleaders.in/shah-bano-case/
https://www.drishtijudiciary.com/landmark-judgement/hindu-law/sarla-mudgal-v-union-of-india-1995
https://www.nextias.com/blog/uttarakhand-uniform-civil-code-ucc/
https://www.drishtiias.com/daily-updates/daily-news-editorials/analysing-uttarakhand-s-ucc-bill
