Uniform Civil Code

The Uniform Civil Code (UCC) means the same laws on marriage, inheritance, succession, adoption applying to all people in the country, irrespective of their religion. Currently, Muslims, Hindus, Christians have different personal laws. It is based on the fundamental principle of equality of all citizens of the country regardless of their religion, gender, and sexual orientation. It is specifically provided for in Article 44 of the Constitution as a directive to the government to incorporate in the interested of national integration.

When the Britishers arrived in India, they created uniform civil and criminal laws. However, personal laws were left untouched. Personal Laws cover topics such as marriage, divorce, inheritance, adoption, and maintenance. The goal of a Uniform Civil Code (UCC) in the Constitution was heavily debated with majority opposition arising from the Muslim members. It was claimed that the UCC violated Freedom of Religion, and would create disharmony within the Muslim and other minority communities if it interfered with the personal laws without their consent.

With uniformity in application of civil laws, the idea of a uniform personal law code has also existed since the British Raj. UCC was introduced in the Portuguese-ruled Goa, which post-independence retained the status of the only state in the country with a Uniform Civil Code. Religious rules are varied creating different rights for people in the country based on the religion they practice. This creates discrimination. UCC aims to uplift women and ensure gender parity. However, it has been opposed by minority communities and has become a contentious issue. Hence there has been difficulty in reaching a consensus on what a Uniform Civil Code would look like, and even whether there is a need for it at all.

• Constitutional Mandated: It aims to fulfil one of the ambitions of the founding fathers of the Constitution who included UCC in the Directive Principles, thereby putting the onus on the future governments to implement it when the time is ripe
• Integrity: It promotes national integration since a common codified law gives the feeling of oneness, promotes unity and solidarity
• Equality: A Uniform Civil Code will help ensure that people are not discriminated against on the basis of the religion they chose to follow. It will ensure that women don't have to choose between their religion or equality. It aims at eliminating the discrimination among women from different religious communities
  • For instance, under the Hindu Succession Act of 1956, Hindu women have equal rights to inherit property from their parents with the same entitlements as Hindu men. Whereas Muslim women, governed by the Muslim Personal Law, only have the right to either 1/8th or 1/4th share of their husband's property.
• Balancing Fundamental Rights: India's unique brand of secularism which respects all religions equally allows individuals to foster and practise their religion but such an exercise of a fundamental right is restricted to the extent that it does not violate the right to equality. Thus, implementing the UCC would not be violative of protections under Article 25 especially if those practices are inherently discriminatory.
• Justice: It protects the vulnerable sections of society eg. women, sexual and religious minorities
  • It not only just protects them but also plays a promotional role in ensuring gender justice, thereby liberating them from regressive patriarchal laws. For eg. the Muslim Personal Law, which is to a large extent based on Sharia Law, has not been reformed since 1937.
• Simplicity: It simplifies the existing multiple complex laws and the legal system based on religion (eg. Sharia) to one that is based on true secularism
  • It reduces the overlapping of various laws and also helps in reducing litigation
  • It thereby de-hyphenates law from religion leading to emergence of a secular society.
• Global Practice: Almost every modern nation in the world has some or other form of a Uniform or a Secular Civil Code eg. Israel, France, US, and EU nations. Even the Islamic countries have a uniform law that is based on Shariah and applies to all the people residing in those countries regardless of their religious affiliations
• State's Following: It is already being implemented by several states in the country eg. Uttarakhand, Goa, etc.
• International Obligations under various conventions like the ICCPR and the CEDAW also make India obligated to eliminate any and all forms of discrimination. Implementing the UCC would take us a step closer to ensuring adherence to those same obligations.

• Against Pluralism: It is difficult to implement given India's vastness and its rich diversity
  • India's pluralistic society makes it difficult to build consensus around such contentious topics eg. Nagaland recently became the third state in the country after Mizoram and Kerala to pass a resolution in its Assembly against a Uniform Civil Code
• Pertinent Issues Sidelines: It paves the way for the dominance of identity politics, diverting attention from pressing concerns eg. unemployment, inflation, etc
• Violating Article 25: It can be seen as interference of the State in personal matters of individuals and as a means to restrict a person's Fundamental Rights guaranteed by the Constitution such as Article 25 (Right to practise, profess and propagate religion), and Article 29 (Protection of interests of minorities)
• Reform Religion: Forcing the Uniform Civil Code (UCC) as a universal fix is flawed. Instead, promoting equality and ending discrimination can happen through reforming religious practices. Article 25 safeguards Freedom of Religion broadly but doesn't grant absolute immunity to any faith. Restrictions related to Public Order, Morality, Health and other provisions relating to Fundamental Rights can limit practices conflicting with these principles, regardless of religion. Hence, it can be argued that instead of a UCC, we can just reform individual discriminatory religious practices and this way minority rights can be protected.

Recently, Uttarakhand government passed the Uttarakhand Uniform Civil Code Act, 2024 to create a uniform set of personal laws related to subjects such as marriage, divorce, adoption and inheritance in the state.

While the UCC has been envisaged to create a civil code that applies equally to all citizens, there needs to be clarity on the reasons for implementing it nationwide. As the 21st Law Commission noted, a UCC is 'neither necessary nor desirable at this stage'. What is needed though, is reform of those religious practices which infringe on other Fundamental Rights. The government has appointed 22nd Law Commission to relook at the issue afresh. Ultimately, it is the state's responsibility to ensure absence of discrimination whether it be through reform of personal laws of religious communities or through a blanket imposition of UCC. Such a moral obligation on the State has been imposed by the Indian Constitution and International Conventions.