Uniform Civil Code

Introduction

The Uniform Civil Code (UCC) is mentioned under Article 44 of the Constitution of India, a directive state policy, which states that the state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India. In other words, UCC refers to a set of laws pertaining to marriage, divorce, Inheritance, adoption, and maintenance, intended to apply equally to all citizens, regardless of their religious beliefs. In India, certain laws are applied uniformly to all the people, for example, “Bharatiya Nyaya Sanhita 2023(Indian Penal Code, 1860)”, “Code of Criminal Procedure 1973”, “Labour law”, etc, but there are specific laws that exist which are not unified in nature pertaining as “personal matter” or also known as personal law which incorporate issues such as marriage, divorce, inheritance etc, which doesn’t apply uniformly to all the people. Different communities have their specific laws regarding these personal matters. For instance, Hindus have their laws like the Hindu Marriage Act 1955, the Hindu Succession Act 1956, the Hindu Adoption Act 1956, etc, and among Muslim law, like the Dissolution of Marriage Act 1939, the Waqf Act 1995, etc, followed by Christian, Jews, and Parsis. Now the main conflict arises between bringing legal uniformity in the country and respecting the nation’s cultural diversity. 

Historical Background 

The concept of bringing uniformity in the legal system traces back to the British colonial era. When the punishment was given based on religious beliefs. During the late 17th and 18th centuries, the punishment was mainly Islamic-based, as India was mostly under Mughal rule. But the problem was that there was no uniformity in them. Different princely states had their own beliefs and faiths and followed their own justice systems. As far as the penal law was concerned, it was based on Hanafite law. And constitutionally, the British couldn’t change that, so they reformed the judiciary in such a way that the Muslim judicial officials were subordinated to a British judge. They also regarded Islamic law as inconsistent and overly lenient; they began to amend those doctrines that they regarded as hindrances to the maintenance of law and order and contrary to the principles of natural justice. Finally, the penal Code was introduced by the British government, Indian Penal Code in the year 1860, and the Code of Criminal Procedure in 1898. The British Government deliberately avoided the personal matters or the personal laws such as marriage, divorce, adoption, inheritance etc. 

During the framing of the Constitution, the UCC became the center of debate and contention. Dr. B.R. Ambedkar and the other members of the constituent assembly advocate for the UCC to be a part of the constitution to bring national unity and a prerequisite for gender equality. They also assert that the unified code might help dismantle the discriminatory practices embedded in the personal law. However, some significant members of the constituent assembly, precisely a few from the minority community, raised their concern that their right to freedom of religion under the fundamental law might be infringed by the concept of UCC. 

The debate came to a compromise that the UCC would be a part of the Directive Principle of State Policy (DPSP) in Part IV of the Constitution. Article 44 states that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” It served as a guideline to the future government that it’s the state’s responsibility to strive the social and legal reform. Even though UCC is a desirable goal, it cannot be legally enforceable due to its placement in the Constitution. 

Judicial Pronouncements and the Call for Reform. 

Post Independence, the Government introduced some piecemeal reforms rather than full UCC reforms. The Hindu Code Bill (1955) led to the Hindu Marriage Act, Hindu Adoption and Maintenance Act, Hindu Succession Act, etc, while the Hindu law was modernized and Codified, the Muslim law still followed their Muslim personal law that is the Shariat Act 1937, and left largely uncodified, but later the Government brought some statues to bring dismantle the discrimination against the women of the community such as the Muslim Women (Protection of Rights on Divorce) Act, 1986. The debate over the UCC continued, and the Indian judiciary has been at the forefront, often to criticize the discriminatory personal laws and advocate for the Uniform Code. 

1. Mohd. Ahmed Khan vs. Shah Bano Begum (1985): The Supreme Court ruled that Muslim women were entitled to maintenance beyond the iddat period under Section 125 of the Criminal Procedure Code, observing that a UCC could help eliminate contradictions arising from differing religious ideologies. 
2.  Sarla Mudgal vs. Union of India (1995): The Court held that a Hindu husband converting to Islam could not contract a second marriage without legally dissolving his first marriage, emphasizing the necessity of a UCC to ensure gender justice and equality. 
3.  Shayara Bano vs. Union of India (2017): The Supreme Court declared the practice of triple talaq unconstitutional, asserting that it violated the fundamental rights of Muslim women, thereby highlighting the urgency of enacting a UCC to address gender discrimination and ensure uniform laws governing marriage and divorce. ∙ 
4. Joseph Shine vs. Union of India (2018): The Court struck down Section 497 of the Indian Penal Code concerning adultery, deeming it violate of Articles 14, 15, and 21 of the Constitution, and suggested the enactment of a UCC to resolve inconsistencies in personal laws. 
5.  Indian Young Lawyers Association vs. State of Kerala (2018): This case addressed the ban on the entry of women of menstruating age into the Sabarimala temple, with the judgment underscoring the need for a UCC to harmonize conflicting rights and ensure gender equality across religions.
6. Priya Sharma vs. State of Uttarakhand (2022) :The Uttarakhand High Court highlighted the need for a UCC to eliminate discrimination stemming from diverse personal laws that disadvantage women in matters like Marriage, Divorce, Inheritance, and Maintenance. The court noted that implementing a UCC would uphold the Constitutional ideal of Secularism by ensuring that laws were based on equality rather than religious practices. The judgment reinforced the notion that personal laws often violate Article 14 (Equality before Law) and Article 21 (Right to Life and Dignity), particularly for women.

Current status of UCC in India

Goa is the only state in India where a single family law is applied uniformly, irrespective of religion, caste, or gender. Goa adopted the “Uniform Civil Code” during the 19th and 20th centuries by the Portuguese colonists. This Code mandates equal property rights to spouses and children irrespective the gender. Furthermore, the Muslim individuals who have registered their marriage in Goa are prohibited from practices such as Triple talaq and polygamy. 

In 2024, Uttarakhand introduced the Uttarakhand Uniform Civil Code Bill 2024 (making it the first Indian state to enforce a uniform civil code), where the legislation established a unified legal framework for family law governing various aspects such as marriage, divorce, property, adoption, maintenance, inheritance, etc. This code made an exception only for the Schedule tribes in that state. 

Legal Implications and Social Implications

The problem with the implication of the Uniform Civil Code (UCC) is that it is a very complex concept. On one hand, it brings equality, justice, and integration; on the other hand, it threatens cultural diversity and social unrest. 

Some argue that if Indians can be treated equally in case of criminal laws, then Civil law should be unified too, but in contrast, some others argue that it may hamper their right to freedom of religion. So, the implication of the Uniform Civil Code (UCC) in India is anticipated to have multifaceted impacts across various social and legal domains.  

Uniform Civil Code (UCC) can bring equality and justice, which is the primary objective of UCC, to establish a common legal framework for all the citizens of India, irrespective of their Religion, caste, or gender.  It has the potential to eliminate the discriminatory practices of society in the name of personal law, especially against women. Replacing the personal law with the Common Civil Code would further contribute to strengthening the strong sense of national integration and unity. It will also simplify the legal system, as the current system has a fragmented legal framework based on religious beliefs, and this single code would just simplify the legal framework. 

Adopting the Uniform Civil Code (UCC) would not just help with National development, but also at the international level, it will help to enhance India’s international standing as a progressive and inclusive democracy committed to endorsing the principle of equality, justice, and secularism that goes hand in hand with the global human rights Norms. 

Despite its potential benefits, the enforcement of the Uniform Civil Code (UCC) still remains contentious :

The sheer problem with the implementation of the Uniform Civil Code is the cultural and religious diversity of India. Attempting to harmonize such diversity may not be appropriate and could jeopardize the preservation of distinct cultures. For example, the Citizenship Amendment Act, 2019, sparked havoc in the country after its enactment, particularly concerning Hindu- Muslim tension. While many people view the Uniform Civil Code (UCC) as a step to unite India as one, others, like some minority groups afraid that this might threaten their religious identity and their religious freedom. 

Federalism, incorporated in the Constitution of India, plays a vital role in India’s democratic order, allowing the states to address the unique cultural, social, and economic needs of their population. State-led UCC initiative may be perceived as a challenge to the union’s authority to enact a cohesive legal framework under the Directive Principles of State Policy (Article 44). This tension between federalism and centralization highlights the difficulty of balancing state autonomy with the need for national integration.

While the Uniform Civil Code (UCC)’s main object is to bring equality and secular governance, to some, it might seem like a threat to their religious and cultural beliefs of minority communities. 

Judicial plays an important role in resolving these conflicts between the union and the states on UCC enforcement, and the Supreme Court of India has been at the forefront of it. The Supreme Court of India, in several landmark cases, has emphasised the need for a uniform civil code in India while preserving cultural diversity. 

Recommendation:

1. The abrupt implication of the Uniform Civil Code can create havoc in the country, a similar situation to the Citizenship Amendment Act 2019; instead, the government should take gradual and phased steps to adopt the Uniform Civil Code (UCC), similar to the abolition of the Triple talaq marriage in Muslim marriage. 
2. India can take inspiration from countries that have similar successful implication of the Uniform Code in their countries, such as France, which follows the Napoleonic code, which covers various legal matters related to family relations, contracts, and property rights. Similarly, Germany has established its civil code called the Bürgerliches Gesetzbuch, Turkey has undergone legal reforms to modernize its legal system, and Israel has a legal system that incorporates elements of both civil law and criminal law.  
3. There should be campaigns that spread awareness about the benefits of adopting the Uniform Civil Code and dispelling the misinformation, and fostering the social misconceptions. 
4. The political and judicial support should be ensured for the public to avoid the politicization of UCC and guarantee that legal reforms are made based on constitutional principles rather than electoral gains. 

Conclusion

“Uniform Civil Code will help the case of national integration by removing disparate loyalties to laws which have conflicting ideologies”

The Uniform Civil Code is a contentious issue with substantial legal and social implications. The debate is deep-rooted in the constitutional device of Article 44 of the Directive Principles of State Policy, which is a call for the state to work towards unifying the personal law as a single civil code.  UCC holds the promise of promoting secularism, gender equality, national integration, and legal simplification, yet its implication faces significant challenges. 

Legally, the Uniform Civil Code seeks to terminate the enshrined discriminatory practices in various personal laws by reframing them into a single unified legal framework. The judiciary has highlighted the importance of adopting UCC in many landmark cases, like the Shah Bano Begum and Shayara Bano case, which underscored that personal laws cannot violate fundamental laws. And the recent move by states to adopt the UCC has indicated that the theoretical debate is now turning into a legislative action. 

Socially, the UCC is like a double-edged sword. There are a lot of debates around its social implications. Proponents argue that a single code could bring unity and national integration, while opponents fear that it might threaten their religious and cultural identity of minor communities. 

Therefore, for a successful implication of the Uniform Civil Code requires a lot of awareness, a delicate balance between the legal uniformity and respect for pluralism, and gradual, phased steps by the legislation. 

References

[1] Constitution of India. art. 44.

[2] Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 S.C.C. 556; A.I.R. 1985 S.C. 945 (India)

[3] Sarla Mudgal v. Union of India, (1995) 3 S.C.C. 635 (India)

[4] Shayara Bano v. Union of India, A.I.R. 2017 S.C. 4609 (India)

[5] Joseph Shine v. Union of India, (2019) 3 S.C.C. 39; A.I.R. 2018 S.C. 4898 (India)

[6] Indian Young Lawyers Ass’n v. State of Kerala, A.I.R. Online 2018 S.C. 243 (India).

[7] Dr. Madhu M. Thawani, A Comparative Analysis of the Uniform Civil Code and Personal Laws in India, 4 VNSGU J. Res. & Innovation 26 (2025)

[8] Kanchankumar Tejram Shewale, The Uniform Civil Code in India: An Analysis of State Initiatives and Judicial Interpretations, Int’l J. Sci. & Tech. (IJSAT), https://www.ijsat.org (E-ISSN: 2229-7677)

[9] Gopala Anjinappa, A Comprehensive Study on Pros and Cons in Implementation of Uniform Civil Code, 7 Int’l J. Applied Res. 301 (2021), https://doi.org/10.22271/allresearch.2021.v7.i8d.8877.

[10] Raghavan, Manish, Federalism, Secularism, and the Uniform Civil Code in India (HarperCollins 2022).