Uniform Civil Code (UCC) – Arguments in favour & Against – Explained Pointwise

Recently, Union Home Minister Amit Shah stated that the Uniform Civil Code (UCC) would be implemented in all NDA-ruled States before the 2029 Lok Sabha elections. The announcement has renewed the debate on balancing equality and gender justice with religious freedom and cultural diversity, necessitating an examination of the arguments for and against UCC.

What is Uniform Civil Code (UCC)? What is the status of UCC in India?

• The Uniform Civil Code (UCC) refers to a common set of laws governing personal matters of all citizens, irrespective of their religion. These matters include marriage, divorce, inheritance, adoption, guardianship and succession.
• The UCC is a proposal in India to formulate and implement personal laws that apply equally to all citizens regardless of their religion, gender, or sexual orientation.
• At present, personal matters like marriage, divorce, inheritance, adoption, and succession are governed by different sets of faith-based personal laws (such as Hindu Personal Law, Sharia Law, or Christian Personal Law). Under a UCC, these distinct religious codes would be replaced by a single, standard civil legal framework binding on all citizens.
• Constitutional Basis of UCC: The concept of UCC is enshrined in Article 44 of the Indian Constitution. The implementation of UCC falls under the Directive Principles of State Policy (DPSP).

Status of UCC in India:

• As of now, India does not have a nationwide Uniform Civil Code.
• The need for UCC was debated in the Constituent Assembly. After long deliberation, it was decided to place UCC under the DPSP.
• Since the adoption of constitution, governments (central & state) has made certain efforts towards implementation of UCC.

• UCC for the entire country is still a far fetched dream: Most aspects related to marriage and divorces of persons belonging to different religions are continued to be governed by personal laws. For e.g. Hindu Marriage Act (1955), a Muslim Personal Law (Shariat) Application Act (1937), a Christian Marriage Act (1872) and a Parsee Marriage and Divorce Act (1937).

What are the arguments in favour of implementing UCC?

1. Fulfilment of Constitutional mandate of equality: Proponents argue that it is a constitutional mandate to work towards a UCC, which is prescribed by Article 44 of the DPSP. This would ensure equality before the law among all its citizens, irrespective of their religion, class, caste, gender.
2. Promotion of gender justice and equality: UCC can help eradicate discriminatory practices related to marriage, divorce, and inheritance in various religious personal laws. For e.g. Even though Hindu Succession Act, 1956 was amended in 2005 to give daughters equal inheritance rights at par with sons, but similar reforms have not been adopted universally across all personal laws.
3. Protects Individual Rights: UCC can prioritise individual rights, dignity and equality over discriminatory personal-law practices. It can ensure that individuals, particularly women and children, receive equal civil rights irrespective of their religion or community.
4. Strengthens Secularism: UCC can strengthen Indian secularism by ensuring that civil rights in matters such as marriage, divorce and inheritance are governed by common, religion-neutral principles, while individuals remain free to practise and propagate their faith under Articles 25-28.
5. Promotes National Integration: By applying common principles of equality, dignity and justice, UCC can strengthen citizens’ identification with the Constitution rather than community-specific legal systems. UCC will affirm the notion of ‘one nation, one law‘.
6. Societal reforms: A UCC can act as a catalyst for progressive social reform by replacing discriminatory or outdated personal-law practices with gender-neutral and rights-based provisions. It can promote monogamy, equal inheritance, uniform marriageable-age standards, safeguards against arbitrary divorce and stronger rights for children and spouses. For e.g. Ending the subdued status of women in the religious sphere.
7. Simplification of legal matters: UCC will simplify the cumbersome legal matters governed by different personal laws. It will also help in speedy disposal of cases and reduce burden on the judiciary. For e.g. Most of the cases pending cases in the judiciary pertain to the divorce, inheritance issues of persons belonging to different personal laws.
8. Reflective of progressive jurisprudence: UCC is an embodiment of the progressive jurisprudence exercised by the Supreme Court in matters related to gender and inter-religious equality. For e.g. In cases like Shah Bano case (1985) where SC allowed the grant of maintenance to divorcee woman, Shaira Bano case (2017)  where SC banned the discriminatory practice of triple talaq.
9. Precedent of Goa’s Civil Code: Proponents of the UCC cite the example of successful implementation of UCC in Goa where the civil laws of all Goans, irrespective of religion is governed by a Uniform Civil Code.

What are the arguments against the UCC?

1. Violation of fundamental right to religious freedom: Critics argue that the UCC infringes upon the right to religious freedom provided by Article 25 of the Constitution. Also, UCC infringes upon the right of communities to preserve their distinct culture granted by Article 29 of the Constitution.
2. Diverse personal laws and customary practices in India: Enforcing uniformity will interfere with the diverse personal laws and customary practices followed in India by different communities. For e.g. Special Marriage Act, 1954 (A Secular Law) prohibits marriage between first cousins, which is a common practice in some communities in India. Marriage between second cousins is a popular practice among the Hindu communities in South India.
3. Cultural and Religious Diversity: India’s religious, linguistic, tribal and cultural diversity means that personal practices relating to marriage, inheritance and family life vary significantly across communities. Critics argue that a single UCC may overlook legitimate customary practices and identities, leading to a perception of cultural homogenisation. For e.g. Tribal communities in the North-East and other parts of India follow customary laws governing marriage, inheritance and property, some of which enjoy constitutional protection,
4. Existence of secular laws: Critics point to the existence of secular laws applicable to all citizens, irrespective of religion. For e.g. Section 125 of the Criminal Procedure Code, which is a secular law provides for maintenance, and existence of laws relating to domestic violence like the Domestic Violence Act.
5. Imposition of ‘Hinduised’ Code: Some critics suggest that the UCC might impose a ‘Hinduised’ code on all communities. For e.g. UCC could follow the Hindu practices in matters of marriage, divorce and inheritance and will legally force other communities to follow the same.
6. Placement of Personal laws in Concurrent List: Some constitutional law experts argue that perhaps the constitutional framers did not intend total uniformity in personal laws. They cite the placement of personal laws as Entry 5 of the Concurrent List (where the Parliament as well as the State Assemblies have the power to legislate).
7. Lack of Broad Consensus: UCC affects deeply rooted religious and customary practices; implementing it without extensive consultation and consensus among diverse communities may generate mistrust, social resistance and polarisation, undermining its broader objectives.
8. Uniformity Does Not Necessarily Mean Equality: A single set of laws may provide formal equality, but it does not automatically ensure substantive equality. Different communities may have distinct social, cultural and economic conditions, requiring context-sensitive legal provisions.

What is the Judicial View on UCC?

What should be the way forward?

1. Awareness efforts to reform current personal laws: This should be initiated and undertaken by the communities themselves. Legal intervention should be undertaken only if a practice violates fundamental rights of citizens (especially women).
2. Gradual transformation of diverse personal civil codes to uniform civil code: 21st Law Commission has recommended that a UCC is neither necessary nor desirable at this stage. Government must take a piecemeal approach in removing the gender disparities in matters of marriage, divorce, inheritance of personal laws. Government must restrain implementing all aspects in single legislation.
3. Build Broad-Based Consensus: UCC should emerge through consultations with communities, women’s organisations, tribal groups, legal experts and states, ensuring that reforms reflect constitutional values while addressing legitimate concerns regarding religious freedom and cultural diversity.
4. Equality between men and women in communities rather than equality between communities: 21st Law Commission had recommended the government to first concentrate on ensuring the equality between men and women in the same community rather than focusing on the equality between communities.
5. Protect Legitimate Tribal Customs: UCC should recognise India’s tribal and customary diversity rather than impose a uniform framework without safeguards. Many Scheduled Tribes follow distinct traditions governing marriage, inheritance, family relations and community life. Therefore, reforms should protect customary practices that are consistent with constitutional rights, while eliminating practices that are discriminatory or violate individual dignity.
6. Learn from Existing Models: India can draw lessons from Goa’s common civil-law framework and Uttarakhand’s UCC, particularly regarding codification, registration, exemptions and implementation. Rather than adopting a one-size-fits-all approach, their experiences can help identify practical challenges and best practices.
7. Prioritise basic reforms: The government must prioritise basic reforms such as a) Having 18 years as the marriageable age for girls for all across communities and genders b) Introducing a ‘no-fault’ divorce procedure and allowing the dissolution of marriage on the ground of irretrievable breakdown, and c) Having common norms for post-divorce division of assets.
8. Follow Constitutional Morality: The implementation of UCC should be guided by constitutional morality rather than religious or majoritarian preferences. It must balance equality and individual dignity with the constitutional protection of religious freedom and cultural diversity.

Conclusion:

UCC in its true spirit, must be brought about by making gradual changes. As recommended by the Law Commission, the focus should be on ending discriminatory practices against women, rather than enforcing uniformity. However, until that is done, the better course would be to bring about small reforms, correcting some inherent irrationality in some of the personal laws, and make them suitable for modern times. This will lay the foundation of implementing a nationwide UCC at a later date.