Introduction:

The Uniform Civil Code (UCC), in simple terms, refers to a single set of laws governing personal matters, such as marriage, adoption, divorce, inheritance, and succession, for all citizens of India. In India, at present, religious scriptures form the basis for governing the minority religious communities. This means that such personal laws govern aspects of marriage, divorce, inheritance, and other related matters. Such laws are set to be replaced by the Uniform Civil Code (UCC), which will provide uniform personal laws for all citizens of India.

The concept of UCC is mentioned in Article 44 of the Indian Constitution as a Directive Principle of State Policy. Implementing a Uniform Civil Code in India is essential for promoting equality, justice, and secularism, but its implementation requires careful consideration of religious and cultural diversity.

Historical Background:

Colonial Period- 

Personal laws were framed during the British Raj for the first time, keeping in mind the needs of the Hindu and Muslim subjects. In October 1840, a report called the 'Lex Loci Report' came, which emphasised the 'importance and necessity of uniformity in modification of Indian law, relating to crimes, evidence, and contract,' but it recommended that personal laws of Hindus and Muslims should be kept outside such codifications. As a result, these personal laws were applied by the Panchayats when dealing with regular cases involving civil disputes between people of the same religion, and the state would only intervene in exceptional cases where its judgment would be required. In this way, the British let the Indian public have the benefit of self-government in their own domestic affairs.

Constituent Assembly Debates-

Dr BR Ambedkar introduced Article 35, and this later became Article 44. Under this, he placed the Uniform Civil Code in the Directive Principles, making it non-mandatory. However, Muslim leaders like Ismail Sahab and Pocker Sahib Bahadur opposed Ambedkar on the grounds that the Uniform Civil Code would violate religious freedom and that it would cause disharmony.

However, BR Ambedkar wasn't alone. He was supported by KM Munshi and Alladi Krishnaswami Aiyyar. KM Munshi advocated the Uniform Civil Code for national unity and secularism, noting even Hindu communities' concerns. Krishnaswami Aiyyar argued that the Uniform Civil Code would promote harmony and questioned why there was no protest against the existing criminal code.

Post Independence-

Thus, in 1956, it was decided by the Parliament to add the implementation of a uniform civil code in Article 44 of the Directive Principles of the Constitution specifying, "the state shall endeavour to secure for citizens a Uniform Civil Code throughout the territory of India".

Arguments in Favour of UCC:

1. Promotion of Gender Equality-
   A Uniform Civil Code would help in eradicating gender discriminatory practices related to marriage and divorce in various religions.
   For example, existing personal laws often favour male heirs, denying women equal rights to ancestral property. Hopefully, this will not be the case with the Uniform Civil Code, as it will provide a uniform code for both genders.
2. Strengthening of National Integrity-
   Uniform Civil Code will strengthen the notion of 'one nation, one law' and reinforce the idea of a unified Indian identity.
   For example, one way UCC could strengthen national integrity is by establishing uniform marriage laws that apply to all citizens, regardless of religion.
3. Simplifying Legal Matters-
   Uniform Civil Code will also help in the speedy disposal of cases and reduce judicial burden, as most pending cases are of divorce and inheritance.
   For example, different personal laws govern divorce procedures, grounds for divorce, and maintenance obligations, leading to complexity and confusion. The Uniform Civil Code will help eradicate this problem.
4. Reforms in the Society-The 
   Unified Civil Code will help in removing the patriarchal notion of society in all religions.
   For example, the Unified Civil Code could promote societal reforms by prohibiting polygamy, which is permitted by the Muslim personal law.

Challenges towards implementing UCC:

1. Violation of Fundamental Right of Religious Freedom-
   Article 24 of our Constitution provides the right to freedom of religion. However, the major concern is that if UCC is implemented, it will put restrictions on certain rules and regulations of a particular religion and, hence, it would be similar to curtailing their right to freedom of religion.
   For example, UCC might potentially interfere with Muslim personal law, specifically the practice of Nikah.
2. Threat to India's Cultural Diversity-
   It's a well-known fact that India is a land of diverse people with distinct cultures and traditions. However, the implementation of UCC could lead to the homogenization of laws, which will be a threat to India's multicultural ethos.
3. Existence of Secular Laws-
   Another challenge is the already existing secular laws like Section 125 of the Criminal Procedure Code, which provides for maintenance in case of divorce. People who are against the implementation of UCC are using this view to support their stance.
4. Imposition of 'Hinduised' Code-
   There's also a major concern among people that UCC could follow the Hindu practices in matters of marriage, divorce, and inheritance, thereby ignoring other religions' personal laws.

Supreme Court Judgements:

Kesavananda Bharati Case (1973)

The court’s largest Bench in history has a paragraph devoted to the UCC. Justice S.M. Sikri, on the 13-judge Bench in the Kesavananda Bharati case in 1973, reminded the then government that the state should endeavour to secure for the citizens a uniform civil code throughout the territory of India.

But the court had also held back, observing that “desirable as it (UCC) is, the government has not been able to take any effective steps towards the realisation of this goal”.

National Textile Workers vs PR Ramakrishnan (1982)

The court’s awareness of its limitation in enforcing a UCC could be seen clearly voiced by Justice E.S. Venkataramiah in the 1982 Constitution Bench judgment of National Textile Workers versus P.R. Ramakrishnan.

“Would this court enforce a UCC in respect of all citizens, without the aid of an appropriate legislation, even though the concept of equality is enshrined in the Constitution and Article 44 specifically requires the state to endeavour to secure for all citizens a UCC? It may not do so,” Justice Venkataramiah observed.

Shah Bano Case (1985)

Three years later, in 1985, another Constitution Bench in the Shah Bano case rued how UCC remained a “dead letter”. It said there was no official activity for framing a common civil code for the country. The court again reminded the government that the ball was in its court. “It is the state which is charged with the duty of securing a uniform civil code for the citizens of the country and, unquestionably, it has the legislative competence to do so,” the court said.

Sarla Mudgal vs Union of India (1995)

In Sarla Mudgal, a two-judge Bench of the Supreme Court made a direct exhortation to the government to implement the UCC. “We request the Government of India, through the Prime Minister of the country, to have a fresh look at Article 44 of the Constitution and endeavour to secure for the citizens a uniform civil code throughout the territory of India,” Justice Kuldip Singh wrote.

Recent Judgements-

However, as late as 2019, in Jose Paulo Coutinho, Justice Deepak Gupta recorded that no action had been taken to secure the citizens, a UCC, despite the “hopes and expectations” of the founders of the Constitution.

But there are also judgments that had advised restraint, and that the UCC was not to be implemented in one go. In the Pannalal Bansilal judgment, the court said a one-stroke implementation “may perhaps be counter-productive to the unity and integrity of the nation”.

Recent Developments:

The debate on implementing a Uniform Civil Code (UCC) in India gained momentum when the Bharatiya Janata Party (BJP) promised to implement it in their 2014 and 2019 general election manifestos. This move was backed by several Public Interest Litigations (PILs) filed in the Supreme Court, demanding the implementation of a UCC to replace personal laws based on religions, customs, and traditions with a common law for all citizens.

Law Commission's Stance-

The 21st Law Commission of India submitted a report in 2018, stating that a "uniform civil code is neither necessary nor desirable at this stage." However, the 22nd Law Commission of India took a different approach, seeking fresh suggestions from stakeholders on UCC in June 2023, indicating a renewed interest in exploring the possibility of implementing a UCC.

New Developments-

• Uttarakhand Uniform Civil Code Bill: In a significant development, the Uttarakhand Uniform Civil Code Bill was implemented in January 2025, making Uttarakhand the first state to adopt a UCC. This move has set a precedent for other states to consider similar legislation.
• Other States: State governments, particularly those led by the BJP, have shown interest in exploring UCC in their areas, sparking discussions and debates about its potential implementation.
• Central Government: The central government reopened the UCC issue in 2023 for public consultations, indicating a willingness to consider the implementation of a UCC.
• Supreme Court: The Supreme Court has persistently called for the implementation of uniform laws, emphasising the need for a UCC to promote national integration, secularism, and gender equality.

Way Forward:

Awareness Efforts to Reform Personal Laws 

Instead of imposing a UCC abruptly, awareness efforts can be made to reform personal laws. Legal intervention should only occur when personal laws violate basic human rights. This approach focuses on:

• Education and Awareness: Educating people about their rights and the benefits of reforming personal laws.
• Legal Reforms: Gradually reforming personal laws to eliminate gender disparities and ensure equality.

Gradual Transformation

The 21st Law Commission of India has recommended a gradual approach to removing gender disparities in personal laws. This approach involves:

• Step-by-Step Reforms: Gradually reforming personal laws to address specific issues, such as marriage, divorce, and inheritance.
• Focus on Gender Equality: Ensuring that reforms promote gender equality and eliminate discriminatory practices.

Wider Consultation

Before enacting a UCC, it's essential to involve all stakeholders in the decision-making process. This includes:

• Academia: Experts in law, sociology, and other relevant fields can provide valuable insights.
• Constitutional Experts: Ensuring that the UCC aligns with the Indian Constitution and its principles.
• Religious and Political Leadership: Involving leaders from various religious and political backgrounds to ensure that the UCC is inclusive and representative of diverse perspectives.

Conclusion:

Our country's founders envisioned a modern and unified India. They wanted to implement a Uniform Civil Code (UCC) at the time of independence, but communal tensions made it challenging. Now, the situation has improved, and it's time for lawmakers to take the initiative. While public reaction may be a concern, it's essential to take the first step towards creating a more equal and just society. Lawmakers should lead the way, and the rest will follow.

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