Uniform Civil Code (UCC)

GS-II : Polity & Governance  

• Implementation: Union Home Minister Amit Shah has given a deadline for implementing UCC in all 21 NDA-ruled States by 2029.
• Uttarakhand: A UCC was enforced in Uttarakhand from January 2025.
• Other States: UCC Bills passed by the Assam, Gujarat and Madhya Pradesh legislatures await Presidential approval.

Personal Matters in Governance Today

• Article 44: The Constitution mandates the State to endeavour to secure for all citizens of India a Uniform Civil Code (UCC).
• What UCC Means: A UCC would bring uniform civil laws for all and would apply to everyone regardless of caste or religion.
• Existing Uniform Legislation: India already has common criminal laws and uniform civil laws relating to taxation, contracts and negotiable instruments.
• Personal Laws: Different personal laws relating to marriage, divorce and inheritance of each community are based on their religious doctrines and customs.
• Hindus: Covered by laws such as the Hindu Marriage Act, 1955 and Hindu Succession Act, 1956.
• Tribal Laws: A number of tribal communities may apply customary family laws under constitutional exceptions.
• Jains, Buddhists and Sikhs: Hindu personal laws apply to them.
• Marriage Registration: Sikh marriages can also be registered under the Anand Marriage Act.
• Christians and Parsis: Have personal laws of their own.
• Muslims: Governed by the Muslim Personal Law (Shariat) Application Act, 1937.

Arguments in Favour of UCC

• UCC and Constitution: The makers of the Constitution were divided on whether to include a UCC in the Constitution.
• Uniformity: Some wanted it as a Fundamental Right to bring about uniformity across civil laws.
• Gender Justice: Achieving gender justice was another major objective.
• Secularism: Proponents claim UCC makes India secular in the truest sense by making all Indians subject to the same personal laws.
• Legal Rights for Women: UCC could be a means to ensure equal rights for women across religions in matters governed by personal laws.

Arguments Against UCC

• Fundamental Rights: There may be a clash between the provisions of UCC and Fundamental Rights.
• Article 25: Provides that every person has a Fundamental Right to practise a religion of one’s choice.
• Article 29: Provides the right to conserve the unique culture of a certain class of citizens.
• Religious and Cultural Practices: UCC provisions on personal issues may be inconsistent with religious scriptures and cultural principles.
• Exemption of Tribal Populations: The four States that have expanded the UCC exempt tribal populations from its ambit.
• Exemption Basis: These exemptions are connected to constitutional provisions for the protection of tribal culture and the claim that some tribal practices provide full rights to women.
• Differential Treatment: Making UCC mandatory for some while exempting another section raises questions regarding differential treatment.

Gender Justice and Constitutional Morality

• Rationale for Reforms: The primacy of reforming civil laws is to secure equal matrimonial, maintenance and inheritance rights for women.
• Article 25 and Constitutional Morality: The right to religion under Article 25 is subject to constitutional morality and other Fundamental Rights such as equality.
• Section 6A Citizenship Act Case (2024): Based on traditions/scenarios of casteism and gender discrimination, not even a scintilla of protection under Article 29 would be allowed.
• Personal Law Reform: Reforms of personal laws will not necessarily amount to infringement of Articles 25 and 29, especially if they fulfil constitutional morality by upholding equality between men and women.

Dr. B.R. Ambedkar and Voluntary UCC

• The Stand of Ambedkar: Dr. B.R. Ambedkar, the architect of the Constitution, supported a UCC but proposed that it should be kept optional.
• Parliamentary Act: The UCC may apply to all citizens who claim that they will be bound by it.
• UCC Resistance Among Minorities: Resistance to UCC has especially existed among minorities, including Muslims.

Law Commission and Personal Law Reform

• Law Commission: The immediate implementation of UCC would require further discussion.
• 2018 Law Commission Consultation Paper: It stated that, at that point, it was neither necessary nor expedient to make a UCC.
• Reform of Personal Laws: It instead insisted on reforming discriminatory provisions in personal laws.
• Equality Within Communities: The issue is not just about “equality between communities” but also “equality within communities”, particularly between men and women.
• Reform Areas: Legislative reforms were recommended in:
  • Marriage
  • Divorce
  • Custody
  • Adoption
  • Maintenance
  • Succession and inheritance
• Objective: To ensure gender justice.
• Stakeholder Consultation: The wider reform process of the Law Commission focuses heavily on engaging with organisations and stakeholders while developing new policy options.

Conclusion

• Constitutional Balance: UCC requires harmonisation of gender justice and equality with the need to protect religious rights and pluralism.
• Focus of Reform: The central goal ought to remain equal rights for women in marriage, divorce, maintenance and inheritance.
• Inclusive Reform: Personal-law changes need to be made in accordance with constitutional morality, Fundamental Rights, community interests and tribal immunity.
• Law Commission Methodology: Reforming discriminatory provisions contained within various personal laws offers a starting point for deliberation on civil-law reforms.

UPSC Mains Practice Question

Q. What is the Uniform Civil Code and how does it aim to harmonise the constitutional objectives of gender justice with religious freedom? Write about the pros and cons of UCC and explore the way ahead regarding reforming personal laws as suggested by the Law Commission.