THE LAWWAY WITH LAWYERS JOURNAL
VOLUME:-22 ISSUE NO:- 22 ,May 26, 2025
ISSN (ONLINE):- 2584-1106
Website: www.the lawway with lawyers.com
Email: thelawwaywithelawyers@gmail.com
Authored By :- Aneesha kumari
UNIFORM CIVIL CODE IN INDIA: A CONSTITUTIONAL MANDATEORACULTURALCONUNDRUM?
ABSTRACT
The Uniform Civil Code (UCC) has long been one of the most contentious and deeply debatedconstitutional directives in India. It embodies a complex interplay between secularism, gender justice, and the protection of minority rights. While Article 44 of the Indian Constitution explicitly directs the State to endeavor to implement a UCC throughout the country, its actual realization has proven to be elusive due to the intricate balance that must be maintained betweenindividual religious freedoms and collective national identity. The fundamental objective of aUCC is to establish a single, secular framework that governs all citizens in matters of personal law—namely marriage, divorce, adoption, succession, and inheritance—irrespective of their religious affiliations. This paper aims to explore the multifaceted dimensions of the UCCdebate, examining its historical roots, constitutional mandate, judicial interventions, the present legal structure, contemporary developments like UCC bill of Uttarakhand and UCC in goa. It alsoevaluates the arguments both in favor of and against the implementation of the UCC, offeringacritical perspective on its feasibility and suggesting a possible way forward those respects bothequality and cultural pluralism.
KEYWORDS
Uniform Civil Code (UCC), Indian Constitution, Article 44, Gender Equality, Personal Laws, Religious Freedom, Judicial Interpretation, Constitutional Law, National Integration, LawCommission of India
INTRODUCTION
Initially, there was no support for an enactment of the Uniform Civil Code (UCC) Owingtoitsdiversified impact on unity and integrity of the nation. However, it remains a fact that for our nation governed by the rule of law, gradual progressive change needs to be given a beginning1.
India’s legal system is marked by a unique dualism: while the criminal and general civil laws areuniformly applicable to all citizens, personal laws related to marriage, divorce, adoption, inheritance, and succession differ across religious communities. This dualismstems fromhistorical antecedents and reflects the country’s immense cultural and religious diversity. Acivil code does not interfere with the traditions of any religion. In fact, the personal laws of fewreligions interfere with the country’s civil laws.2 The UCC is a concept that aims to replace personal laws based on religious scriptures and customs with a common set of laws governingall citizens irrespective of their religion. In India, the idea of a UCC has been a subject of debateanddiscussion for decades. Its application in contemporary India is a topic of significant interest andcontroversy.3 The proposal for a Uniform Civil Code seeks to replace this patchwork of personal laws with a single, unified legal framework, thereby promoting the values of secularism, national integration, and gender justice. The UCC debate is not merely a legal issue but a deeply sociopolitical one, often shaped by considerations of identity, autonomy, and equity.
The concept of a UCC has been a subject of public discourse since the framing of the IndianConstitution. The Constituent Assembly deliberated extensively on whether to enforce a commoncivil code or to allow personal laws to coexist within the broader legal framework. The result of these debates was the inclusion of Article 44
4in the Directive Principles of State Policy,
signaling the State’s intention to eventually harmonize civil laws. However, more than sevendecades later, the UCC remains unrealized. Successive governments have either deferredor avoided addressing the issue, citing the need for broader societal consensus. Judicial pronouncements have frequently underscored the importance of UCC, yet legislative inertiahaspersisted. In this context, it becomes essential to evaluate the UCC not only as a legal necessitybut as a social reform imperative.
1 Khan. S.A & Afaq Ahmar, Uniform Civil Code its vision through Indian Constitution: Chapter 1. In Uniformcivil codea never-ending dilemma in India (1st ed.), (Thomson Reuters, Legal 2021)
2 Raina d., Uniform Civil Code and Gender Justice 1 (Reliance Publishing House, New Delhi 1996). 3 Khaneja, M. (2024). Uniform Civil Code: A Critical Analysis of Its Application in Contemporary India. International Journal for Multidisciplinary Research, 6(2). < https://doi.org/10.36948/ijfmr.2024.v06i02.16058> accessed on19may
4 Article 44, The Constitution of India
In Indian law, a UCC is a unified body of rules that apply to all Indian citizens, irrespective of their community or religion, and regulate personal affairs including marriage, divorce, 5 of the
inheritance, adoption, and succession. The idea of a UCC is enshrined in Article 44 Directive Principles of State Policy in the Indian Constitution, which states that the state shall endeavor to secure for its citizens a Uniform Civil Code throughout the territory of India.6
HISTORICAL BACKGROUND
The British government’s stance of non-interference in religious and private matters duringthecolonial era is where India’s Uniform Civil Code got its start. They did not codify personal laws, allowing religious conventions to dominate social and familial relationships, even as theyenacted consistent laws in areas like criminal justice and business transactions. The variedlegal system that still exists today was made possible by this policy.
The concept of legal uniformity was hotly disputed during the liberation fight and the subsequent Constitutional formulation. The primary drafter of the Indian Constitution, Dr. B.R. Ambedkar, was a strong supporter of the UCC. He thought that in order to achieve social transformationandguarantee gender equality; a single civil code was necessary. On this matter, however, the Constituent Assembly was sharply split. While some members were in favor of the UCCbeingrecognized as a fundamental right, others were concerned that it would violate cultural customsand religious freedoms. As a compromise, the UCC was placed under the Directive Principles of State Policy in Article 44, making it non-enforceable by the courts but laying down its implementation as a long-term goal of the State.
In the decades following independence, the UCC has remained a subject of political and judicial debate. Despite periodic discussions, no concrete steps have been taken at the national level todraft or implement a UCC. The reluctance to address this issue stems from the fear of political backlash and the complexity of reconciling diverse religious traditions with a uniformlegal code. However, even though the Mughals took over a sizable portion of India, they were never abletoimpose uniform rules on the entire nation. Chronicled investigations have shown that the Mughals established an effective criminal justice system and carved out a sizable territory, but they also refrained from providing a consistent family law. Although several Mughal emperorsdestroyed Hindu temples and violated Hindu liberties when they arrived in India, it was rarelyclear that they meddled with Hindu personal laws. The Hindu personal law remained unchangeddespite the efforts of Mughal Emperor Akbar to proclaim his own religion, Din-i-Illahi. He evenallowed the act of Sati to continue, for example, even though it was morally wrong and forbidden
5 Article 44, The Constitution of India
6 Satyam Singh & Shobhitabh, Uniform Civil Code: A Critical Study of Individual Rights and The Role of Secular State, JCIL, 2023
by Shariah, which states that the practice amounted to suicide and was therefore unacceptableinIslam.
Though, instead of this Mughal History, essentially, the UCC has its origins in colonial Indiawhen the British government issued a report in year 1835 that emphasizing the need for uniformity in the codification of Indian law. As per the report, the laws relating to offences, evidence, and contracts, needed to be codified, but the report explicitly recommending that personal laws of Hindus and Muslims have to be left out of such codification because Britisherswere aware about the fact that it can instigate sentiments.7
CONSTITUTIONALAND LEGAL FRAMEWORK 8 of the Indian Constitution, “The State shall endeavor to secure for the
According to Article 44
citizens a uniform civil code throughout the territory of India.” This clause has substantial normative value even though it is non-justiciable because it is a part of the Directive Principles. It embodies the secular state envisioned by the constitution, in which all citizens are governedbythe same set of civil laws. The Indian State would eventually transition to a more uniformlegal system that cuts across religious lines, according to the Constitution’s framers.
However, the implementation of Article 44 has been hindered by the perceived conflict withother constitutional provisions, particularly those guaranteeing the right to freedomof religionunder Articles 25 to 28. Article 25 guarantees all individuals the freedom to profess, practice, andpropagate religion, while Article 26 provides religious denominations the right to manage their own affairs in matters of religion. Critics argue that enforcing a UCC would amount to stateinterference in religious matters, thereby violating these fundamental rights. On the other hand, proponents of the UCC argue that personal laws are not inherently religious practices but social customs that can be reformed in the interest of equality and justice. The Supreme Court of Indiahas attempted to reconcile these competing interests in several landmark judgments. The Court has consistently held that personal laws must conform to the constitutional mandate of equalityand non-discrimination. In this sense, the judiciary has provided a legal foundationfor the gradual implementation of a UCC, even as the legislature remains hesitant to take decisive action.
EXISTING PERSONAL LAW
7 Team, N. I. (2024, November 28). Uniform Civil Code: Meaning, Constitutional Provisions, Debates, Judgments &More. NEXT IAS Blog. < https://www.nextias.com/blog/uniform-civil-code-ucc/ > accessed on 19 may 8 Article 44, The Constitution of India
India’s religious and cultural diversity can be seen through its personal laws. Afragmentedlegal system results from different religious communities being subject to separate sets of regulationsregarding interpersonal interactions. Hindu, Muslim, Christian, and Parsi law are the mainpersonal laws that are currently in effect; each has its own set of legislative or customary regulations. Various laws enacted in the 1950s, including the Hindu Marriage Act of 1955, theHindu Succession Act of 1956, the Hindu Minority and Guardianship Act of 1956, and the HinduAdoption and Maintenance Act of 1956, have substantially codified Hindu personal laws. Evenif some patriarchal attitudes still exist, these laws brought about major advances, especiallyintheareas of women’s rights and succession.
On the other side Muslim personal laws, remain largely uncodified and are based on the Shariat. These laws allow practices such as polygamy and unilateral divorce (triple talaq), which havebeen criticized for being discriminatory against women. Although the Supreme Court in the9 (2017) declared triple talaq unconstitutional, broader reforms in Muslim
Shayara Bano case
personal law are yet to be realized.
Christian and Parsi communities are governed by laws such as the Indian Christian MarriageAct, 1872; the Divorce Act, 1869; and the Parsi Marriage and Divorce Act, 1936. While these laws have undergone some amendments, they still contain provisions that are outdated and inconsistent with modern principles of justice and equality.
This existence of multiple personal laws not only leads to unequal treatment of individuals but also creates confusion and inconsistency in the legal system. For example, the rights of womenin matters of divorce and inheritance vary significantly across religious communities, leadingtounequal protection under the law. A Uniform Civil Code would help eliminate such disparitiesand ensure that all citizens are subject to the same rights and obligations, irrespective of their religion.
NEED FOR UNIFORM CIVIL CODE
For maintaining equality different communities in India are currently subject to various personal laws. There isn’t even a single personal law that applies to everyone in a religion. For instance, regulations pertaining to Muslim marriage registration vary from one location to another.
It was voluntary in Bengal and Bihar (both under the 1876 Act) and required in J&K(1981Act). The IC’s equality principle is broken by the Personal Law system.
A UCC will guarantee equality and, hence, social concord by keeping religion apart frominterpersonal relationships and personal legislation. By eliminating divergent allegiances tothereligious law, which has opposing philosophies, it will support the goal of national integration.
9 Shayara Bano v. Union of India and Ors. AIR 2017 SC 4609
UCC might persuade religious guardians to examine themselves and try to codify and amendancient personal laws. By eliminating the inherent discriminatory features of personal laws, UCCwould advance gender equity. In terms of marriage, divorce, inheritance, adoption, maintenance, and other issues, it would provide women the same rights and status as males. The protectionof couples in cases of inter-caste and interreligious weddings would be promoted by a personal legislation that is neutral toward religion.
By eliminating the inconsistencies and complications of numerous personal laws, it wouldstreamline the legal system. By eliminating the irregularities brought forth by disparate personal laws, it would harmonize the criminal and civil laws. For the average person, it would makethelaw easier to access and comprehend. Some personal laws have regressive practices that UCCwould update and modify.
Triple talaq, polygamy, underage marriage, and other practices that violate the IC’s humanrightsand values would be abolished. Additionally, it would adapt to people’s evolving desires andsocial realities. It would improve India’s standing as an inclusive and forward-thinking democracy abroad. It would bring India’s legal system into compliance with international humanrights norms.
It is argued that UCC will only deal with non-essential practices of a religion and thus will not violate the religious freedom of communities.10
JUDICIALAPPROCH
The judiciary of India has played a crucial role in the implementation of the UCC. It has givenmany landmark judgments that have emphasized the need for a common civil code for achievingequality and social justice.
In the Shah Bano case (1985)
11, the Supreme Court observed that “it is a matter of regret that
12 and upheld the right of a Muslim woman to claim
Article 44 has remained a dead letter”
maintenance under Section 125 of the Criminal Procedure Code, despite opposition fromconservative sections who argued that the decision interfered with Islamic law. The Court strongly advocated for the implementation of a UCC, highlighting the injustice faced by womenunder certain personal laws.
10 Team, P. I. C. (2024, October 1). Uniform Civil Code: need, challenges and different views on UCC. PMF IAS. < https://www.pmfias.com/uniform-civil-code/#need-for-uniform-civil-code > accessed on 19 may 11 Mohd. Ahmad Khan v. Shah Bano Begum,1985 SCR (3) 844
12 Analysing Uttarakhand’s UCC bill. (n.d.). Drishti IAS. < https://www.drishtiias.com/daily-updates/daily-news- editorials/analysing-uttarakhand-s-ucc-bill > accessed on 19 may
In the Sarla Mudgal case (1995)
13, The problem of Hindu males converting to Islamin order to
engage in polygamy without formally ending their first marriage was discussed by the Court. Inorder to stop the abuse of personal laws for self-serving purposes, the ruling denounced suchactions and reaffirmed the necessity of a universal civil code.
14 dealt with a provision in the Indian Succession Act that
The John Vallamattom case (2003)
restricted Christians from donating property for religious or charitable purposes. The Court struck down the provision as discriminatory and emphasized the importance of legal uniformity.
These judgments reflect the judiciary’s progressive stand on the UCC. Due to the absence of corresponding legislative action has limited the impact of these decisions. The judiciary canonlyinterpret and recommend but the actual implementation requires political will and societal consensus.
CONTEMPORARY DEVELOPMENTS AND LEGISLATIVEINITIATIVES
The discussion and debate around the UCC have accelerated in recent years. Citing the needtopreserve constitutional values and guarantee gender fairness, a number of political parties andcivil society organizations have urged for the adoption of a uniform civil code. Through a thorough consultation papers and public feedback channels, the Law Commission of India hasalso addressed the matter.
As per 21st Law Commission of India which was headed by headed by Justice Balbir SinghChauhan, rather than releasing a final report on the UCC in 2018, the Law Commission releaseda consultation document.
The Reforms of Family Law paper made the case for codifying personal laws and amendingfamily laws across religious lines in order to reduce “ambiguity in interpretation” and implementation. Some of the recommendations are – presently, UCC is neither required nor preferred, “Uniformity” was not a prerequisite for a united nation, a healthy democracy, difference did not always mean discrimination, nation’s plurality could not be reconciled withsecularism only when it guaranteed the expression of any kind of difference did “secularism” have any real significance.
It is not acceptable for discriminatory actions to take place within a religion in order to obtainlegitimacy. It is important to research and change the discriminatory practices, biases, andstereotypes found in a certain religion’s specific rules.
13 Smt. Sarla Mudgal, President, Kalyani & … vs Union of India & Ors on 10 May, 1995 1995 SCC (3) 635, 14John Vallamattom & Anr vs Union of India on 21 July, 2003
Every religion’s personal law should recognize the same rules on marriage and divorce. Amongthese changes are the following: making adultery a reason for divorce for both men and women, setting the marriageable age for boys and girls at 18, etc.
And in 22nd Law Commission of India, Justice Rituraj Awasthi headed this, the commissionhave issued a consultation paper on UCC in which they seeking public feedback on this issue.
Legislative assembly of Uttarakhand have passed the UCC of Uttarakhand bill, 2024 whichaimsto consolidate laws related to property inheritance and marriage laws. The bill awaits presidents’ approval to be an enforceable act. This is a single set of personal laws that would apply toall citizens, regardless of religion, would replace the separate personal laws of each religion, withafocus on marriage, divorce, adoption, and inheritance. The UCC’s main proposals include outlawing polygamy, nikah halala, triple talaq, child marriage, iddat (a waiting period that women must observe after a Muslim marriage ends), uniform age requirements for girls’ marriages across all religions, and mandatory registration of cohabiting couples. Scheduledtribeshave been exempted under this bill. One of the key highlights of this bill is mandatory registrations of living relationships and criminalizing them if certain conditions will not be followed, this action is arising questions on constitutional rights to liberty, privacy, and equalityand violating individual autonomy.
UNIFORM CIVIL CODE IN GOA: A MODEL?
This is the only state of India where UCC is being followed. when India annexed goa, theydidn’t change that time existed Portuguese civil code ,1867. All people (gaons) living in the state haveto abide by this code irrespective of their religion. they follow a common civil code. The marriages should be registered compulsorily, allows for prenuptial agreement by which the ratioof distribution of asset can be altered. Here Muslim men do not have the right to polygamy, whose marriages are registered.
PROS AND CONS OF UNIFORM CIVIL CODE
Pros- UCC provides equal status to all the citizens irrespective to their caste, religion, render, race, ethnicity etc. both men and women will be treated equal no gender discrimination. Motivates, encourages the youth and their potential. Important for national integration. avoids theissue of the existing personal law reforms. This will promote unity, belonging and reinforcethesecular nature of the state as envisaged in the Indian constitution.
Cons- It is challenging to develop a clear and uniform set of guidelines for such a diverse country like India since people often become hostile and violent when customs are abruptly
altered. Various groups believe that the UCC violates their right to freedom of religion, especially minority communities. The state’s meddling in private affairs. According to the Constitution, everyone has the freedom to practice their religion as they see fit. However, theextent of religious freedom may be curtailed by this codification.
CONCLUSION
In conclusion, India’s path towards social justice, equality, and secularism depends criticallyonthe Uniform Civil Code (UCC). Notwithstanding many disadvantages and implementationdifficulties, UCC has enormous potential advantages. The UCC promises to safeguard the downtrodden while advancing national unity and solidarity, from promoting modernizationandsimplifying legal processes to guaranteeing gender equality and social cohesion. By reachingaconsensus on standard code, the bottom-up method for policy-making is more practical thanatop-down approach to a self-contained text. After all, these Directive tenets were stated tobethefundamental components of state policy and are expressed in clear, precise language.
A consultative, inclusive strategy is the way to go. The government must interact with all partiesinvolved, including the public, civil society organizations, legal professionals, and religious leaders, in order to foster understanding and resolve issues. Educational and awareness initiatives can help debunk myths and promote a greater understanding of the advantages of aUCC.
The goal of the UCC should be to harmonize personal laws while maintaining fundamental cultural identities, not to enforce strict conformity. Ensuring justice and equality for all residents, particularly women, without alienating any community should be the aim. The adoption of aUniform Civil Code should ultimately be seen as a component of a larger process of social reform and nation-building rather than as a goal unto itself. The UCC has the power to changeIndia’s legal system and reaffirm its adherence to constitutional principles if it is handled fairlyand sensitively.
A Uniform of National Integration by removing desperate legalities of lanes which have conflicting ideologies Civil Code will help the cause.
-Former Chief Justice of India YVChandrachud15
REFERENCES
STATUTES
15 Qamar., Need of Uniform Civil Code – A critical study. (Lulu.com.2015)
- The Hindu Marriage Act of 1955
- The Hindu Succession Act of 1956
- The Hindu Minority and Guardianship Act of 1956
- The Hindu Adoption and Maintenance Act of 1956
- The Indian Christian Marriage Act, 1872
- The Divorce Act, 1869
- The Parsi Marriage and Divorce Act, 1936
- The Muslim Personal Law (Shariat) Application Act, 1937 9. Jammu And Kashmir Muslims Marriages Registration Act, 1981 10. The Bengal Muhammadan Marriages and Divorces Registration Act, 1876.
BOOKS
- Khan S.A. & Afaq. A, Uniform Civil Code: A Never-Ending Dilemma in India (1st edn. Thomson Reuters, Legal 2021)
- Raina Dinanath, Uniform Civil Code and Gender Justice 1 (Reliance Publishing House, New Delhi 1996).
- Qamar, Need of Uniform Civil Code – A critical study. (Lulu.com.2015) ONLINE ARTICLES
- Verma, A. (2021, January 17). Uniform Civil Code in Goa: a case study – iPleaders. iPleaders. https://blog.ipleaders.in/uniform-civil-code-goa-case-
study/#Uniform_Civil_Code_in_Goa accessed on 19 may
- Khaneja, M. (2024). Uniform Civil Code: A Critical Analysis of Its Application inContemporary India. International Journal for Multidisciplinary Research, 6(2). <https://doi.org/10.36948/ijfmr.2024.v06i02.16058> accessed on 19 may
- Team, N. I. (2024, November 28). Uniform Civil Code: Meaning, Constitutional Provisions, Debates, Judgments & More. NEXT IAS Blog. < https://www.nextias.com/blog/uniform-civil-code-ucc/ > accessed on 19 may
- Team, P. I. C. (2024, October 1). Uniform Civil Code: need, challenges and different views on UCC. PMF IAS. < https://www.pmfias.com/uniform-civil-code/#need-for- uniform-civil-code > accessed on 19 may
- Analysing Uttarakhand’s UCC bill. (n.d.). Drishti IAS. < https://www.drishtiias.com/daily-updates/daily-news-editorials/analysing-uttarakhand-s- ucc-bill > accessed on 19 may