What is Uniform Civil Code (UCC)?

The UCC aims to establish a single personal civil law for the entire country, applicable to all religious communities in matters such as marriage, divorce, inheritance, adoption, etc.
The idea of a UCC has a long history in India and has been a topic of debate and discussion.
This article explores the basis for a UCC, its timeline, the conflict with the right to freedom of religion, minority opinions, challenges to implementation, and the way forward.

Basis for UCC: Article 44

Article 44 of the Directive Principles envisions the state’s endeavor to secure a UCC for all citizens throughout the country.
While DPSP of the Constitution are not enforceable by courts, they provide fundamental principles for governance.

Colonial Period: Personal laws were first framed for Hindu and Muslim citizens during the British Raj.
1940: The idea of a UCC was proposed by the National Planning Commission, examining women’s status and recommending reforms for gender equality.
1947: UCC was considered as a fundamental right during the framing of the Constitution by Minoo Masani, Hansa Mehta, Amrit Kaur, and Dr. B.R. Ambedkar.
1948: The Constitution Assembly debated Article 44, which emphasizes the implementation of uniform civil laws as a state duty under Part IV.
1950: Reformist bills were passed, granting Hindu women the right to divorce and inherit property and outlawing bigamy and child marriages.
1951: Ambedkar resigned when his draft of the Hindu Code Bill was stalled in Parliament.
1985: Shah Bano case highlighted the need for a UCC and the rights of divorced Muslim women.
1995: Sarla Mudgal v. Union of India reiterated the urgency of a UCC for national integration and removing contradictions.
2000: The Supreme Court, in Lily Thomas v. Union of India, stated it could not direct the government to introduce a UCC.
2015: The apex court refused to mandate a decision on implementing a UCC.
2016: The Triple Talaq debate gained attention, leading to the ruling of its unconstitutionality in 2017.

Article 25: Guarantees an individual’s fundamental right to religion.
Article 26(b): Upholds the right of religious denominations to manage their own affairs.
Article 29: Protects the right to conserve distinctive culture.

Reasonable restrictions can be imposed on freedom of religion for public order, health, morality, and other provisions related to fundamental rights.

Some members sought to exempt Muslim Personal Law from state regulation, arguing against interference in personal laws based on secularism.
Concerns were raised about uniformity in a diverse country like India and the potential for opposition from different communities.
Gender justice was not a significant focus during these debates.

Fundamental rights are enforceable in courts, while Directive Principles have varying degrees of enforceability.
The wording of Article 44 suggests a lesser duty on the state compared to other Directive Principles.
Fundamental rights are considered more important than Directive Principles, and a balance between both is crucial.

Multiple personal laws: Different religions and denominations follow distinct property and matrimonial laws, hindering national unity.
Absence of exclusive jurisdiction: Such thing in the Union List implies that the framers did not intend to have a UCC.
Customary laws are discriminatory: These laws also vary among different communities and regions.

Harmonizing equality: UCC would provide equal status to all citizens, promote gender parity, and align with the aspirations of a liberal and young population.
Promote fraternity: Implementation of UCC would support national integration.

Opposition from religious factions: The diverse religious and cultural landscape of India poses practical difficulties.
Minority resistance: UCC is often perceived by minorities as an encroachment on religious freedom and interference in personal matters.
Societal preparedness: Experts argue that Indian society may not be ready to embrace a UCC at present.

Ignoring diversities: Maintaining the essence of diverse components of society while achieving uniformity in personal laws.
One size fits all: The assumption that practices of one community are backward or unjust.
Uniqueness of diversity: The effectiveness of uniformity in eradicating societal inequalities.

Theological education: Religious intelligentsia should educate their communities about rights and obligations based on modern interpretations.
Open discussion: The government should create an environment conducive to UCC by explaining Article 44’s contents and significance while considering different perspectives.
Gradual introduction: Social reforms should be gradual, addressing concerns such as fake news and disinformation.
Prioritizing social harmony: Preserving the cultural fabric of the nation is essential.

UCC is a complex issue that requires careful consideration of religious, cultural, and societal perspectives.
Balancing the unity and diversity of India is crucial, as the implementation of a UCC should aim to provide equal rights and opportunities while respecting the distinct identities of different communities.
Education, dialogue, and a gradual approach are necessary to achieve consensus and promote social harmony in the country.