Recently on 27th January 2025, Uttarakhand became the second state to implement the Uniform Civil Code (UCC) in India. Goa has had its own UCC since the time of the Portuguese. Now, talks are beginning to implement the Uniform Civil Code for the whole nation. It is also in the manifesto of the ruling government. According to recent updates, the government may present two major bills in the Parliament in their next five-year tenure. The two bills are the Uniform Civil Code and ONE NATION, ONE ELECTION. In this blog, we’ll discuss whether the UCC would be beneficial for the people of this diverse nation, or would it just for the suppression of the minority or dumping the majority view on the minority, and whether it is possible to implement such a uniform law in a country of diverse people and communities.
About Uniform Civil Code
The Uniform Civil Code means the implementation of a uniform law, in all sections of society irrespective of religion, in the whole nation. UCC would overrule the prevailing personal laws at the local level. It will be the National Civil Code which shall apply to everyone in India just like the BNS, BNSS, etc. which are the uniform criminal codes, implemented uniformly in the whole nation irrespective of religion.
One of the Directive Principles of State Policy under the Article 44 of the Indian constitution lays that ”the state shall endeavor to provide for its citizens a Uniform Civil Code throughout the territory of India”. The Directive Principles of State Policy are not enforceable by any court, the implementation is not mandatory, but they are fundamental to governance.
When proposed, the UCC will cover a range of civil laws covering the aspect of marriage, divorce, inheritance, adoption, maintenance, succession of property, etc. which are civil in nature. The government is willing to codify the civil law, which means they want to implement a uniform law for the whole nation that will cover all religions. For example, if anyone wants to adopt a child, then he/she would have to follow the procedure mentioned in the Uniform Civil Code irrespective of the religion or irrespective of what his/her religion is saying about the adoption. It will be mandatory to follow the UCC because the personal laws that are applicable right now will no longer have validity.
History of Uniform Laws
Most of the present day laws were codified by the Britishers and implemented uniformly across the whole country. For example the Indian Contract Act, 1872, the Code of Civil Procedure, 1908, etc. But they were kept outside the purview of personal laws of Indians from codification and left to be governed by their religious laws, which is also considered a righteous step, as at that time the Britishers lacked the knowledge of India’s cultural and religious values instilled in the society, which made it impossible to be governed by them. The Queen of England also promised absolute non-interference in religious matters of Indians.
So, the laws were codified and became the common law for the whole nation, and personal laws continue to be governed by separate codes for different communities.
During the drafting of the Constitution of India, Pt. Jawaharlal Nehru and Dr. BR Ambedkar proposed the idea of a Uniform Civil Code, which was rejected by religious fundamentalists and may be considered reasonable because of the lack of awareness among the masses during that time. Thus, the Constituent Assembly left this obligation to the State by mentioning the UCC in Article 44, under which the state has the power to implement it if any need arises in the future.
The government took some of the reforms after the post-independence:
- Special Marriage Act, 1954
- Hindu Marriage Act, 1955
- Hindu Succession Act, 1956
- Minority and Guardianship Act, 1956
- Hindu Adoption and Maintenance Act, 1956
These reforms were introduced to codify personal laws and to balance the status of women in society by legalizing divorce, opposing polygamy, giving the right of inheritance to daughters, and many others.
Uniform Civil Code: Advantages and Disadvantages
There are many benefits if the Uniform Civil Code is implemented. But we also know that there will be drawbacks as well, which will be discussed further.
Benefits of Uniform Civil Code
These are some possible advantages of UCC, summarized in a few points:
1. It may promote secularism as, according to the government, it will not limit the freedom to follow one’s religion. People would still rightfully practice, profess, and propagate their religion. It is just a uniform law under which everyone will be treated equally regardless of caste, religion, etc.
2. It will integrate India by implementing uniform legislation, which will help bring every Indian, despite religion, caste, or tribe, under one national civil code of conduct. Everyone will be governed by the same set of rules and regulations under a Uniform Civil Code.
3. A minority of people should not be allowed to pick and choose the law they want to be governed and administered under. The personal laws were formulated during a specific spatiotemporal context, and now the times have changed. The personal laws should not be at a standstill in changed times and contexts, as many times either the personal law creates a hindrance in development or their practices are regressive rather than progressive.
4. It will help in reducing vote bank politics, as many political parties exploit the public by making fairy promises on religious lines. The UCC will also help in enhancing the status of women in society.
Disadvantages of UCC in India
If this UCC is implemented, then it may face many challenges from the different religious groups and the people concerned, because it is already predictable that people will resist it. The possible drawbacks can be:
1. Many critics argue that this law will contradict the secular principle of our Constitution by implementing the uniform law in such a nation where a diversity of people reside. It is pertinent to ask them how they will accommodate the varied needs and traditions of minority communities. The task of devising a set of rules that will govern all communities is a formidable and tedious one, considering the vast range of interests and sentiments to be accounted for.
2. There is a dilemma between the good and bad: the minority community raises a very reasonable question of what is the place of the government to decide what law fits perfectly within the ambit of UCC and what law needs to be reformed. The government needs to formulate the UCC in such a way that it will be acceptable to all the communities, and there should not be any clash of ideology between the majority and minority.
3. Another question is what’s the need for implementing the UCC? Is there any problem with the existing personal laws? If there is, then the government should reform it instead of implementing a whole new uniform law. Besides, what law the government wants to absolve would have to give the justification on those laws which violate the basic human rights and need to be abolished for proper governance.
4. As mentioned, it will empower women by implementing laws in favour of women. Someone may have a question for lawmakers: Has the Hindu Inheritance laws brought any changes in the status of women? It has neither brought about any changes in the percentage of property held by women after the implementation of the said Act. So what’s the guarantee that UCC will improve the status of women in society? Every time, a woman is considered for empowerment, and the laws are also formulated in favor of the women accordingly. What about the men? In the current modern scenario, don’t they think there is a need for laws for men as well?
The Goa civil code, which was already implemented in Goa since 1867 by the Portuguese, was adopted by the government of India after the accession of Goa. The government hasn’t amended the bill since its adoption. Don’t they find any need for an amendment in the law that was implemented approximately 150 years ago? Does it mean that the law implemented is very reasonable, acceptable to people, and doesn’t have any dreadful and redundant provisions?
No, this is not, there are some dreadful provisions, like a Hindu man has the right to bigamy under certain circumstances mentioned in the code of usage and custom of gentile Hindus of Goa (if the wife fails to deliver a child by the age of 25, or if she fails to deliver a male child by the age of 30 years, then the man has the right to commit bigamy under this law. For other communities, the law prohibits bigamy). Is it fair and reasonable? Isn’t there a need to amend these types of provisions?
Why is Uniform Civil Code Opposed? – Listen to Communities
The Naga community, the Muslim community, and many others are opposing the implementation of UCC in India and highlighting several concerns regarding the rules, regulations, and fair implementation, which is quite reasonable to oppose. But the government has maintained silence till now instead of addressing the concerns.
Naga community: TheNaga Bar Association warned that the implementation of UCC will bring trouble for the culture and dignity of the people. They wrote a letter addressed to the Prime Minister that “if UCC is introduced covering the entire country uniformly, then it shall cause social disorder and hardships for Nagas as the personal and social lives of Nagas are quite different from the rest of the people of the country”. It would be unfair to implement the law without addressing reasonable concerns, as the government should consider the fact that their lives are not similar to the rest of the people, supposedly a tribe living in the forest and a person living in Mumbai. How can the government relate to their socio-economic and religious affairs and living standards?
Muslim community: The Muslim community rejected the implementation of UCC and decided to boycott. The All-India Muslim Personal Law (AIMPL) Board General Secretary said that “UCC is divisive and will lead to social unrest, and it’s against the spirit of the constitution, which safeguards the rights of the citizens to practice their culture and religion”.
Suggestions
A progressive and broad-minded outlook is needed from the people to understand and accept this uniform code. Education, sensitization, and awareness programs must be conducted at the local level or religious gathering and with the concerned people so that people can understand the essence of the said law.
UCC should act in the best interest of all the communities and religions without any bias and with fair implementation. The government should invite suggestions from the people concerned and religious groups and draft it in such a way that it does not violate anyone’s rights and acts in the best interest of all the people.
The matter being sensitive in nature, it is always better if the initiative comes from the religious groups concerned. In this way, the possibility of conflict and adverse impact will be minimal, and it will serve the best interest of all the people. A committee of eminent jurists should be considered to maintain uniformity, and care must be taken not to hurt the sentiments of any particular community.
Conclusion
UCC may be the righteous step taken by the government, but it should be implemented with due precautions. The government should resolve all the reasonable concerns of the people as it will affect their religion and culture rather than showing any degree of carelessness towards them.
The government should first allow the states to implement their own Civil Codes of conduct rather than implementing it in the whole nation. They should also closely observe Uttarakhand and Goa, where the UCC is already in force, and consider if any drawbacks appear in these states. It’s a very formidable and tedious task to devise a set of rules and regulations for a whole nation, which is known for its diversity. The people will be directly affected by it. So, the government should, considering these situations, draft such a law that all the communities accept it without any clashes.
This is a guest post submitted by Mr. Sumit Yadav, who is a student of law from Jaipur.
