Uniform Civil Code (UCC)

Uniform Civil Code (UCC) 

India's Uniform Civil Code (UCC) remains a pivotal yet contentious proposal aimed at standardizing personal laws across religions. Article 44 of the Constitution directs the state to pursue it, though it's non-justiciable.

Constitutional Foundation

Article 44 in the Directive Principles of State Policy mandates: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." This reflects the framers' vision for legal uniformity in personal matters like marriage, divorce, inheritance, adoption, and succession, transcending religious personal laws.

Directive Principles guide governance but lack enforceability under Article 37. They complement Fundamental Rights, such as Article 15 (no discrimination by religion, caste, sex) and Article 25 (religious freedom with public order restrictions).

Historical Evolution

UCC debates trace to colonial India, where British laws avoided reforming Hindu or Muslim personal laws to prevent unrest. Post-independence, the Constituent Assembly saw B.R. Ambedkar advocate UCC, but opposition from Muslim members led to its placement in DPSPs.

The 1950s saw Hindu Code Bills reforming Hindu laws on marriage and inheritance, excluding Muslims, sparking equity concerns. Goa retained Portuguese Civil Code, serving as a UCC model.

Current Legal Landscape

India operates religion-specific personal laws: Hindus under Hindu Marriage Act 1955; Muslims via Sharia (e.g., polygamy allowed); Christians under Indian Christian Marriage Act 1872. This patchwork leads to inequalities, like unequal inheritance for Muslim women.

Uttarakhand became the first state to implement UCC on January 27, 2025, mandating uniform registration for marriages and live-in relationships, banning polygamy, and equalizing inheritance.

Key Supreme Court Interventions

In Shah Bano (1985), the Court upheld maintenance for a divorced Muslim woman, urging UCC to end legal pluralism's injustices.[2] Sarla Mudgal (1995) addressed bigamy via conversion, reiterating Article 44's urgency.

John Vallamattom (2003) criticized DPSPs' non-enforceability, calling UCC essential for secularism. Recent pleas seek nationwide UCC, with the Law Commission examining it.

Arguments in Favor

UCC promotes gender justice by ensuring equal rights in inheritance and divorce across communities. It fosters national integration, reducing communal divides from disparate laws.

Practically, it simplifies legal processes, curbs forum-shopping, and aligns with modern values, addressing outdated practices like triple talaq (banned in 2019).

Challenges and Criticisms

Opponents argue UCC erodes religious freedom under Article 25, imposing majoritarian Hindu norms on minorities. India's diversity—over 2,000 ethnic groups—demands sensitivity to tribal customs.

Implementation risks social unrest; Uttarakhand exempted tribes initially. Critics like the 22nd Law Commission (2018) viewed it as unnecessary, favoring reforms within personal laws.

Uttarakhand UCC Model

Enacted in 2024, effective 2025, it requires live-in relationship declarations, uniform marriage age (21 for men, 18 for women initially), and equal coparcenary rights for women. No polygamy or halala; mandatory divorce registration.

As of February 2026, compliance is monitored via a dedicated portal, with early reports of smoother registrations but resistance from some Muslim groups.

National Implementation Roadmap

The 22nd Law Commission sought views until 2023; BJP's 2024 manifesto prioritizes UCC. President Murmu indicated consultations in 2025. A parliamentary committee or model bill akin to Uttarakhand's is likely.

Steps include stakeholder consultations, pilot states, and constitutional amendments if needed for tribal areas under Sixth Schedule.

Global Comparisons

Countries like France and Turkey enforce secular civil codes post-religious reforms. Canada's uniform family laws coexist with indigenous rights, offering a hybrid model for India.

Implications for Minorities

Muslims fear loss of Sharia-based practices; Christians worry over canon law. UCC proponents emphasize opt-outs for tribal customs and reforms, not abolition.

Gender Dimensions

Women benefit most: Hindu women gained coparcenary in 2005; UCC extends this universally. It criminalizes practices like child marriage across faiths.

Economic and Social Impacts

Unified succession eases property disputes, boosting women's asset ownership (currently 13% nationally). It modernizes family structures amid urbanization.

Roadblocks to Adoption

Political polarization, federalism (personal laws are concurrent list), and judicial caution hinder progress. Post-2024 elections, momentum builds under the current government.

UCC promises equality but demands consensus-building. Uttarakhand's rollout offers lessons for national scale.