Article 1: Uniform Civil Code (UCC)
Why in news: Union Home Minister Amit Shah announced that BJP-led governments in 21 States would introduce the UCC before 2029.
Key Details
- Expansion to NDA States: Union Home Minister Amit Shah announced that BJP-led governments in 21 States would introduce the UCC before 2029.
- Maharashtra: Chief Minister Devendra Fadnavis stated that Maharashtra would implement the UCC after the committee preparing the draft legislation submits its report.
- Political Differences: Despite being an NDA ally, JD(U) leader Shyam Rajak stated that his party opposed implementing the UCC in Bihar, although JD(U) had supported the UCC Bill in Parliament.
- NCP's Position: The NCP, another BJP ally, had not yet clarified its position on the issue. A Muslim NCP legislator, Mr. Naikwadi, urged the party to clearly state its stand.
- Federal Dimension: These differing positions within the NDA highlight that implementing the UCC involves not only constitutional and social questions, but also significant political and federal challenges.
About UCC
- The Uniform Civil Code (UCC) refers to a common set of laws governing personal and civil matters of all citizens, irrespective of religion.
- It may cover marriage, divorce, adoption, inheritance, maintenance and succession.
- At present, India follows a combination of secular laws and religion-based personal laws.
Constitutional Basis
- Article 44 of the Constitution directs the State to endeavour to secure a Uniform Civil Code for citizens throughout India.
- It is part of the Directive Principles of State Policy (DPSP) and is therefore not directly enforceable by courts.
- UCC must also be balanced with:
- Article 14: Equality before law.
- Article 15: Prohibition of discrimination.
- Article 21: Life and personal liberty.
- Articles 25–26: Freedom of religion and management of religious affairs.
Significance of UCC
Gender Justice
- Different personal laws have historically provided different rights to men and women in areas such as marriage, divorce and inheritance.
- A well-designed UCC can promote equal civil rights and women's property rights.
Equality and Common Citizenship
- Common civil rules can reduce legal differences based on religious identity.
- It can strengthen the principle of equality before law and common citizenship.
Legal Simplification
- Multiple personal laws can create complexity and conflicting legal interpretations.
- A common framework can make civil laws more consistent and predictable.
Social Reform
- UCC can provide an opportunity to remove discriminatory or regressive practices while retaining legitimate religious freedom.
UCC and Religious Freedom
- A major concern is that personal laws are closely connected with religious and cultural identity.
- However, Article 25 protects religious freedom subject to public order, morality, health and other constitutional provisions.
- The challenge is to distinguish between essential religious practices and secular civil matters such as marriage or inheritance.
- Thus, UCC should protect freedom of belief while ensuring constitutional equality.
Supreme Court's Approach
- Shah Bano Case (1985): The Supreme Court recognised a divorced Muslim woman's right to seek maintenance under secular law and highlighted the importance of Article 44.
- Sarla Mudgal Case (1995): The Court examined conversion and remarriage issues and reiterated the desirability of a UCC.
- John Vallamattom Case (2003): The Court struck down a discriminatory provision affecting Christians and discussed the role of UCC in achieving equality.
- Jose Paulo Coutinho Case (2019): The Court referred to Goa's common civil-law framework as an example of common civil regulation.
Goa and Uttarakhand
- Goa has historically followed a common civil-law framework based largely on the Portuguese Civil Code, 1867.
- It demonstrates that a common civil framework can operate within a religiously diverse society.
- Uttarakhand enacted the Uniform Civil Code, Uttarakhand, 2024, which came into force in 2025.
- It covers areas such as marriage, divorce, inheritance, succession and live-in relationships.
- Its implementation provides an important opportunity to assess the practical benefits and challenges of UCC.
Major Concerns
Threat to Pluralism
- India has considerable religious, cultural and customary diversity.
- A single framework may be perceived as undermining community-specific traditions.
Majoritarianism
- Minority communities may fear that uniformity could become a means of imposing majority social practices.
- Therefore, the content and drafting process must be inclusive.
Uniformity vs Equality
- Identical treatment does not always produce substantive equality.
- The law must account for genuine differences without permitting discrimination.
Implementation Challenges
- India has numerous customary practices and community-specific traditions.
- Codifying them into one framework would require extensive legal and social consultation.
Way Forward
- Adopt a gradual and consultative approach.
- Involve State governments, religious communities, women’s groups, tribal representatives and legal experts.
- Prioritise gender justice, dignity and individual rights.
- Clearly separate religious belief from secular civil matters.
- Learn from the experiences of Goa and Uttarakhand.
- Ensure that UCC becomes a tool for constitutional reform rather than cultural homogenisation.
Conclusion
UCC should not pursue uniformity for its own sake. Its real objective should be to balance equality, gender justice, individual dignity, religious freedom and India's pluralism. A carefully drafted and widely consulted UCC can strengthen equal citizenship and social justice while respecting India's constitutional diversity.
PRELIMS question:
Consider the following statements:
- The Constitution of India directs the State to endeavour to secure a Uniform Civil Code for citizens throughout the territory of India.
- The implementation of a Uniform Civil Code is included among the Fundamental Rights guaranteed under Part III of the Constitution.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer: a