legal essay on uniform civil code

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Uniform Civil Code (UCC): Meaning, Constitutional Provisions, Debates, Judgments & More

Rooted in the principles of equality, justice, and secularism, the Uniform Civil Code (UCC) has been a long-standing aspiration in India. Recent developments such as the passage of the Uniform Civil Code (UCC) Bill in Uttarakhand have reignited the debates surrounding it. This article of Next IAS aims to explain the meaning of the UCC, related constitutional provisions, its benefits and challenges, and the way forward.

Meaning of the Uniform Civil Code

A Uniform Civil Code (UCC) refers to a common law that applies to all religious communities in personal matters such as marriage, inheritance, divorce, adoption, etc. It aims to replace the different personal laws that currently govern personal matters within different religious communities.

A UCC primarily aims to promote social harmony, gender equality, and secularism by eliminating disparate legal systems based on different religions and communities. Such a code seeks to ensure uniformity of laws not only between the communities but also within a community.

Constitutional Provisions

The Directive Principle of State Policies mentioned in Article 44 of the Indian Constitution provides that The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. However, being a Directive Principle, it is not justiciable.

Status of the Uniform Civil Code in India

• As of now, India does not have a Uniform Civil Code (UCC) implemented at the national level. Instead, different personal laws based on religious customs and practices govern matters such as marriage, divorce, inheritance, and adoption for different religious communities.
• However, over the years, the central government as well as some states have made certain efforts towards the implementation of UCC. These efforts can be seen under the following two heads:

Steps taken by the Center

Special marriage act, 1954.

It was enacted to provide a secular alternative in marriages. It lays down provisions for civil marriage for the people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.

Hindu Code Bills

The Hindu Code Bills , passed by the Parliament during the 1950s, are seen as a step towards the UCC. The following 4 Acts enacted under it seek to codify and bring uniformity in personal laws within the Hindu community:

• The Hindu Marriage Act, 1955
• The Hindu Succession Act, 1956
• The Hindu Minority and Guardianship Act, 1956
• The Hindu Adoption and Maintenance Act, 1956

Note: The term ‘Hindu’ also includes Sikhs, Jains, and Buddhists for the purpose of these laws.

Steps taken by the States

• This law in Goa is known as the Goa Civil Code or Goa Family Code and applies to all Goans, irrespective of their religious or ethnic community.

Uttarakhand

• The Bill provides for a common law for matters such as marriage, divorce, inheritance of property, etc., and applies to all residents of Uttarakhand except Scheduled Tribes.

Present Status

• Nationwide implementation of a Uniform Civil Code remains an elusive goal.
• Hindu Marriage Act (1955)
• Muslim Personal Law (Shariat) Application Act (1937)
• Christian Marriage Act (1872)
• Parsee Marriage and Divorce Act (1937) etc

Debates in the Constituent Assembly

The issue of the Uniform Civil Code (UCC) was debated extensively in the Constituent Assembly. Key arguments presented during the debate can be summarized as follows:

Arguments in Favor

The proponents of the UCC in the Constituent Assembly included members like B.R. Ambedkar, Alladi Krishnaswamy Ayyar, and K.M. Munshi. They put forth the following arguments in favor of a common civil code

• Equality and Justice : As per them, a common civil code would uphold the principles of equality and justice by ensuring uniform laws for all citizens, regardless of their religious affiliations.
• Secularism: A UCC would align with the secular nature of the Indian state, separating personal laws from religious considerations and promoting a unified national identity.
• Women’s Rights : Such a code would do away with discriminatory practices prevalent in personal laws, particularly those affecting women’s rights in matters such as marriage, divorce, and inheritance. Thus, it would promote gender equality and women empowerment.

Arguments Against

Opponents of the UCC in the Constituent Assembly included members such as Nazirrudin Ahmad and Mohammad Ismail Khan . They expressed the following reservations about the UCC:

• Religious Autonomy : It might cause potential infringement upon the religious autonomy of various communities as it would interfere with religious customs and traditions without the consent of those communities.
• Cultural Sensitivities : A single code might not adequately accommodate the unique customs and sensitivities of different communities. This, in turn, might hamper the diversity of religious and cultural practices in India.
• Social Unrest : Practices related to personal matters are deeply rooted in the religious and cultural identities of various communities in India. Implementing a uniform civil code might mean forcing them to relinquish their identities and could lead to social unrest and communal tensions.

Since a consensus on a UCC could not be reached in the Constituent Assembly, it was placed under the Directive Principles of State Policy under Article 44.

Supreme Court’s Views on Uniform Civil Code

The issue of a Uniform Civil Code has been dealt with by the Supreme Court in various cases. Accordingly, the Supreme Court has passed several landmark judgments and observations that have significantly contributed to the discourse on the UCC. Some of these include:

Law Commission’s Views on Uniform Civil Code

The Law Commission of India has periodically examined the issue of the Uniform Civil Code (UCC) and its implications for Indian society. Some notable observations made by the Law Commission are as follows:

21st Law Commission of India (headed by Justice Balbir Singh Chauhan)

• This commission expressed the view that implementing a UCC might not be necessary or desirable at this time. Instead, it suggested a series of reforms within various personal laws pertaining to different communities.
• Thus, it recommended amendments and changes to existing family laws with the aim of ensuring justice and equality within all religions, rather than proposing a single uniform law.

22nd Law Commission of India (headed by Justice Rituraj Awasthi)

• This commission has issued a consultation paper on the UCC, seeking public feedback on the issue.
• Diverse sections of the population including religious organizations, legal experts, policymakers, and civil society groups have been asked to furnish their views regarding the feasibility, implications, and potential framework for a UCC.

Arguments in Favour of Uniform Civil Code

Based on the above-discussed discourse and the opinion of the experts, the following arguments can be put forth in favor of implementing a Uniform Civil Code:

• Simplifies Legal System : Having one set of laws for all will simplify the personal laws that are at present segregated on the basis of religious beliefs. This, in turn, would simplify the legal framework and the legal process.
• Promotes Equality : A UCC aims to ensure that all citizens of India, irrespective of their religion, are treated equally under the law. Thus, it will help promote the ideal of equality as envisaged in the Preamble.
• Promotes Secularism : A UCC would help towards achieving a secular state where the law is the same for all, regardless of religion. Thus, it would help promote the ideal of Secularism in the country.
• Promotes Gender Equality and Women Empowerment : The current personal laws of different religious communities put women in a disadvantageous position in matters related to marriage, divorce, inheritance, and property rights. Implementing a UCC would ensure equal treatment and opportunities for women in these areas, thus promoting the cause of Gender Equality and Women Empowerment.
• Promotes National Integratio n: A common set of laws for all citizens will promote a sense of oneness and the national spirit. This, in turn, will promote national unity and integrity and help India emerge as a nation in the true sense.
• Promotes Modernization : By doing away with outdated religious laws, a UCC would reflect the progressive aspirations of a modern democratic society based on current values and ethics.
• Elevates Global Image : Adopting a UCC would enhance India’s international image as a progressive and inclusive democracy committed to upholding the principles of equality, justice, and secularism. It would align India’s legal framework with global human rights standards and modern democratic practices.

Arguments Against Uniform Civil Code

Several critics have put forth the following arguments against implementing a Uniform Civil Code:

• Lack of Consensus : There is no consensus among various communities about what the UCC should entail. The lack of agreement on the principles and provisions of a common code makes it difficult to envision a UCC that is acceptable to all.
• Implementational Challenges : The sheer diversity of laws governing different communities makes the drafting and implementation of a UCC a daunting task. Creating a code that adequately addresses and respects the nuances of each community’s laws won’t be easy.
• Threat to Religious Freedom : Implementing a UCC would infringe upon the religious freedom of citizens by imposing uniform laws that may contradict their religious beliefs and practices. This might mean state interference in religious affairs.
• Threat to Cultural Diversity : Imposing uniform laws across such diverse communities would ignore the unique cultural practices, traditions, customs, and sensitivities of different religious groups. Overall, it might go against the idea of diversity.
• Fear of Majoritarianism : There is a concern that a UCC could reflect the beliefs and practices of the majority religion. Thus, it may be akin to imposing a majoritarian view on minorities and hence marginalization of minority groups.
• Threat of Social Unrest : Given the sensitivity around religious and cultural practices, there is a risk that attempting to implement a UCC could lead to social unrest and deepen communal divides.
• Undermining Federalism : Personal matters being under the Concurrent List, both the Parliament and state legislature are empowered to make laws on them. Imposing a UCC could undermine the federal structure by encroaching upon the rights of states to legislate on such matters.

Way Forward

• Dialogue and Consultation : There needs to be extensive dialogue and consultation with all stakeholders, including religious communities, legal experts, policymakers, and civil society organizations, to understand concerns and perspectives regarding the UCC.
• Public Awareness and Education : Conducting awareness campaigns and educational programs to inform the public about the benefits and implications of the UCC can help build consensus and garner support for its implementation.
• Piecemeal Approach : A piecemeal approach of codifying the different personal laws and putting them for public debates and scrutiny can be adopted. This will arouse public consciousness towards UCC.
• Inclusivity : A UCC should be drafted in such a manner that respects religious diversity while promoting gender equality and justice is crucial.
• Gradual Implementation : Implementing the UCC in a phased manner, starting with areas where there is least resistance and gradually expanding its scope, can help mitigate concerns and ensure a smoother transition.
• Monitoring and Evaluation : As and when a UCC is implemented, a mechanism should be established for monitoring its implementation, and evaluating its impact on society. This will help make necessary adjustments and improvements and smoothen the process of its implementation.
• Political Will : Political leaders must demonstrate leadership and a strong will to navigate through the complexities and challenges associated with the UCC implementation.

In conclusion, the Uniform Civil Code (UCC) stands as a critical imperative for India’s journey towards social justice, equality, and secularism. Despite some drawbacks and implementational challenges, UCC offers immense potential benefits. From ensuring gender equality and social cohesion to simplifying legal procedures and fostering modernization, the UCC holds the promise of protecting the oppressed as well as promoting national unity and solidarity. 

Read out our detailed article on the Uttarakhand UCC Bill

Frequently Asked Questions (FAQs)

What is the uniform civil code.

UCC refers to a common law being applicable to all religious communities in personal matters such as marriage, inheritance, etc. It aims to replace the different personal laws that currently govern personal matters within different religious communities.

What is the Need for a Uniform Civil Code in India?

The need for a Uniform Civil Code (UCC) in India arises from the imperative of establishing equality, secularism, and national integration in India.

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Uniform Civil Code (UCC): Pros and Cons in a nutshell

Last updated on February 29, 2024 by ClearIAS Team

The Union law ministry has recently asked the law commission to examine the matters about the implementation of the uniform civil code.

Table of Contents

What is the Uniform Civil Code?

The Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.

Is there a provision in the Indian constitution for a Uniform Civil Code (UCC)?

The constitution has a provision for a Uniform Civil Code in Article 44 as a Directive Principle of State Policy which states that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”

After its liberation in 1961, Goa retained the Portuguese Civil Code, making it the only state to have a UCC for all religions.

2024: Uttarakhand assembly has passed the uniform civil code bill, hence this becomes the first state in the country after independence to adopt UCC.

• Constitutional Mandate: Article 44 says that the State shall endeavor to secure for citizens a uniform civil code throughout the territory of India.
• Objective: The Bill proposes a common law on marriage, divorce, land, property, and inheritance for all citizens irrespective of their religion in Uttarakhand.
• Provisions of the UCC Bill do not apply to tribal communities.
• Bill aims to regulate live-in relationships.
• Bill prohibits bigamy or marriages with more than one person etc.

What are the Pros of the Uniform Civil Code?

To provide equal status to all citizens.

In the modern era, a secular democratic republic should have common civil and personal laws for its citizens irrespective of their religion, class, caste, gender, etc.

To promote gender parity

It is commonly observed that personal laws of almost all religions are discriminatory towards women. Men are usually granted upper preferential status in matters of succession and inheritance. A uniform civil code will bring both men and women to par.

To accommodate the aspirations of the young population

Contemporary India is a new society with 55% of its population being below 25 years of age. Their social attitudes and aspirations are shaped by universal and global principles of equality, humanity, and modernity. Their view of shedding identity based on any religion has to be given serious consideration to utilize their full potential for nation-building.

To support the national integration

All Indian citizens are already equal before the court of law as the criminal laws and other civil laws (except personal laws) are the same for all. With the implementation of the Uniform Civil Code, all citizens will share the same set of personal laws. There will be no scope for politicization of issues of discrimination or concessions or special privileges enjoyed by a particular community based on their particular religious personal laws.

To bypass the contentious issue of reform of existing personal laws

Existing personal laws are mainly based on the upper-class patriarchal notions of society in all religions. The demand of UCC is normally made by aggrieved women as a substitute for existing personal laws as patriarchal orthodox people still deem the reforms in personal laws will destroy their sanctity and oppose it profusely.

What are the Cons of the Uniform Civil Code?

Practical difficulties due to diversity in India

It is practically tough to come up with a common and uniform set of rules for personal issues like marriage due to the tremendous cultural diversity in India across religions, sects, castes, states, etc.

Read:  Personal laws in India

Perception of UCC as encroachment on religious freedom

Many communities, particularly minority communities perceive Uniform Civil Code as an encroachment on their rights to religious freedom . They fear that a common code will neglect their traditions and impose rules that will be mainly dictated to and influenced by the majority of religious communities.

Interference of state in personal matters

The constitution provides for the right to freedom of religion of one’s choice. With the codification of uniform rules and its compulsion, the scope of the freedom of religion will be reduced.

Sensitive and tough task

Such a code, in its true spirit, must be brought about by borrowing freely from different personal laws, making gradual changes in each, issuing judicial pronouncements assuring gender equality, and adopting expansive interpretations on marriage, maintenance, adoption, and succession by acknowledging the benefits that one community secures from the others. This task will be a very demanding time and human resource-wise. The government should be sensitive and unbiased at each step while dealing with the majority and minority communities. Otherwise, it might turn out to be more disastrous in the form of communal violence.

Time is not yet suitable for this reform

Considering the major opposition from the Muslim community in India over this issue overlapping with controversies over beef, saffronization of school and college curriculum, love jihad, and the silence emanating from the top leadership on these controversies, there needs to be given sufficient time for instilling confidence in the community. Otherwise, these efforts towards common will be counterproductive leaving the minority class particularly Muslims more insecure and vulnerable to get attracted towards fundamentalist and extremist ideologies.

• At the end of the day, a UCC can only emerge through an evolutionary process, which preserves India’s rich legal heritage , of which all the personal laws are equal constituents.
• The codification and implementation of UCC may not necessarily usher in the expected equality among genders and religions.
• Major sensitization efforts are needed to reform current personal law reforms which should first be initiated by the communities themselves.
• Current institutions need to be modernized, democratized and strengthened for this change. Sincere efforts towards women’s empowerment have to be taken for all women of all religions.
• The plural democracy is an identity of modern India. Therefore, efforts should be focused on harmony in plurality rather than blanket uniformity for a flourishing Indian democracy.

Article by: Manjiri Mulye.

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Reader Interactions

March 24, 2017 at 4:09 pm

Can u make an app for hindi medium students in hindi language for ias

April 8, 2017 at 4:03 pm

Please make notes for hindi medium students

April 22, 2017 at 8:03 am

Please make an android and ios supporting application for mobile phone users………..

May 13, 2017 at 6:44 pm

Thanx nation builders…

July 9, 2017 at 11:38 am

Good article

August 21, 2017 at 8:14 am

Uniform civi code is a universal reality .the only grey area is sharia law . Like Hindu law and Christian personnel law ,even in sharia law the sole guardianship of a child below five years of age is the child’s mother alone and if the child’s mother marries another person other than the child’s father before the child attains five years of age loose the guardianship of the child unequivocally and the child is designated an orphan with state taking over the legal guardianship till she opts to choose her biological father as guardian after crossing the child’s five years of age .this clearly shows that all personnel laws are having a common essence . The debate in implementing universal common civil code for all citizens should be completed this year with the introduction of the much awaited Bill in parliament with a provision for sharia laws to prevail incase of a conflict , if a question of law is raised in court and not as a general option for citizens of India which should alone be the civil code .

September 10, 2018 at 11:25 pm

The best i hv site ever used for ias preparation . Detail description and analysis helps in understanding to the depth

March 21, 2019 at 3:10 pm

Very much helpful article….Thank you

September 19, 2019 at 8:04 pm

nice article …. very useful

November 26, 2019 at 12:04 am

Sigi article si khra adum yara UCC gidi.

April 9, 2020 at 6:34 pm

Good informative article

June 15, 2023 at 1:49 pm

Conclusion is utter nonsense. It is very diplomatic conclusion unregard to needs and threats.

July 4, 2023 at 3:30 pm

We don’t require uniform civil ciddi

July 12, 2023 at 11:13 am

You don’t requird uniform civil code . We will not get to rights because of this . We went to live in muslim way only thnxx

July 13, 2023 at 11:30 am

BEFORE IMPLEMENTATION OF THE UCC, BOTH MUSLIM ORGANIZATIONS AND PRESENT GOVERNMENT SHALL MEET TOGETHER TO SEE THE PROS AND CONS OF THE UCC.

February 28, 2024 at 8:05 am

UCC IS AN BREACH FOR THE RELIGIOUS LAWS WE DONT WANT IT RELIGIOUS FREEDOM IS MUST

August 1, 2023 at 11:29 am

Uniform Civil code is a must, and will level the treatment of all citizens as equal, and it can and must be done in a way where the practices of all religions can be respected without gevernmant interference.

August 9, 2023 at 9:44 am

Nice article sir

March 16, 2024 at 3:19 pm

Whether the Uniform Civil Code Uttrakhand 2024 shall apply / govern on the agricultural lands in Uttarakhand.

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Uniform Civil Code in India: Suggestions, Challenges and Essay for UPSC Notes

The Uniform Civil Code is based on the idea of one country, one code that applies to all faith groups. Part 4, Article 44 of the Indian Constitution specifically mentions the term “Uniform Civil Code.”

Since the first petition was submitted in 2019 to demand the creation of a UCC to promote national integration and gender equality,  justice, and dignity of women, it has become a hotly disputed topic in India. Questions from it can be asked in the IAS Exam in GS-II (Governance), Mains GS-1 (Indian Society), Prelims, and also Essay papers.

This article will give you all the important notes and information about the uniform civil commission in India. The law commission reports behind the uniform code, when it was formed and why it was formed, all the data will be provided here.

Uniform Civil Code in India: UPSC Essay Introduction Paragraph

A Uniform Civil Code indicates that all members regardless of faith, society, will be treated equally under a national civil code that will be applied similarly to all.

They address topics such as inheritance, divorce, adoption, marriage, child support, and property succession. It is founded on the assumption that in modern culture, there is no link between law and religion.

Also Read: Uniform Civil Code: The Complete Guide to Important UPSC Notes  

Features Of Uniform Civil Code of Goa

# In Goa, the Uniform Civil commission is a progressive statute that allows for an equitable distribution of income and property between husband and wife, as well as children (regardless of gender).

# Every birth, marriage, and death must be legally recorded. There are numerous provisions for divorce.

# Polygamy and triple talaq are not permitted for Muslims whose marriages are registered in Goa.

# During the course of a marriage, the couple shares all of the property and wealth that each spouse owns or acquires.

# In the event of a divorce, each spouse is entitled to half of the property, and in the event of death, the surviving member’s ownership is halved.

# Parents cannot completely disinherit their offspring. A minimum of half of their assets must be passed on to the children. This inherited property must be divided among the children equally.

Also Read: How to Write an Essay? 9 Tips To Score Better in UPSC Essay Paper

Suggestions for Bringing Up a Uniform Civil Code

The following suggestions must be considered immediately in order to achieve the DPSP’s goals and maintain legal uniformity

# People should be encouraged to have a progressive and open-minded mindset in order to grasp the spirit of the UCC. Education, sensitization and awareness programmes must be implemented to achieve this.

# The Uniform Civil commission should be written with the greatest interests of all religions in mind.

# To maintain uniformity, a committee of distinguished jurists should be formed, and care must be taken not to offend the feelings of any particular group.

# Given the sensitivity of the subject, it is always preferable if the initiative comes from the religious groups involved.

Uniform Civil Code: Historical Perspective (Second Paragraph)

The perspective of the commission comes from the history of colonial times.

Pre-Independence: Colonial Era

# The October 1840 Lex Loci Report emphasised the need and necessity of uniformity in the codification of Indian law, particularly in the areas of crimes, proof, and contract. However, it was also recommended that Muslim and Hindu personal laws be left out of such codification.

# The Proclamation of the Queen of 1859 pledged complete non-interference in religious affairs.

Post-Colonial Era

Famous leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar campaigned for a standard civil code during the constitution’s development.

However, because of religious fundamentalist opposition and a lack of public understanding at the time, they included the UCC in the Directive Principles of State Policy (DPSP, Article 44).

The Hindu Code Bill

Dr B R Ambedkar drafted the bill to modify Hindu laws that legalised divorce, prohibited polygamy, and provided daughters inheritance rights. Despite fierce opposition, a reduced form of the code was passed through four different statutes.

Succession Act

Originally, the Hindu Succession Act of 1956 did not grant daughters any inheritance rights in the family property. They could only beg for a right to food from a Hindu family that lived together. However, on September 9, 2005, an amendment to the Act was passed, which eliminated the difference.

Minority and Guardianship Act

The Hindu Marriage Act

Adoptions and Maintenance Act

Special Marriage Act

It was passed in 1954 and allows legal marriages to take place outside of any religious personal law.

Also Read: What Is the UAPA Act? Here’s All You Need to Know about the Act for the UPSC Exam

Law Commission Report: Uniform Civil Code in India (Third Paragraph)

According to the Law Commission study, the way forward may not be a Uniform Civil commission, but rather the codification of all personal laws so that stereotypes and prejudices in each one can be exposed and tested against the Constitution’s Fundamental Rights.

Merits of Uniform Civil Code

Given below are the merits of the law commission of the UCC or the Uniform Civil Code. The UCC has many advantages because it is a commission for equality, liberty and franchise.

National Integration

A single commission is essential for the protection of India’s most vulnerable citizens (religious minorities and women), as well as the development of solidarity and national unity.

Simplification of Laws

# There are numerous personal laws, such as the Sharia Law, Hindu Code Bill, and others.

# The existence of so many laws leads to complexity, confusion, and inconsistency in the adjudication of personal matters, which can result in delayed or no justice.

# This overlapping of laws will be eliminated by the UCC.

Simplification of the System

UCC will lead to a decrease in litigation originating from numerous personal laws.

Establishing a Secular Nation

# UCC will separate law from religion, which is a very desirable goal in a socialist and secular society.

# Furthermore, it complies with Article 44 of the Directive Principles of State Policy, which is a constitutional duty.

Gender Justice

# Women’s rights are frequently restricted under patriarchal rhetoric by religious regulations.

# UCC will free women from patriarchal oppression and grant them the right to liberty and equality that they deserve.

# UCC would lead to the defeat of divisionist and communal movements in the long run.

Way Forward UCC (Conclusion)

India has a unique mix of Parsi, Muslim, Christian and Hindu personal laws codified. There is no single family-related law for all Indians in a single statute book that is acceptable to all religious faiths that coexist in India. However, the majority of them agree that UCC is unquestionably desirable and would contribute significantly to the building and consolidation of Indian nationhood.

Furthermore, although the United States Constitution endorses the cause of a uniform civil code in Article 44, it should not be misinterpreted as a “common law.”

The term “uniform” refers to the fact that all communities must be governed by the same gender and human equity principles.

Each personal law will be humanised and modernised as a result.

It would imply different personal rules founded on ideals of liberty, fairness, and equality, rather than common law.

Practice Questions for Uniform Civil Code for UPSC

Here are some questions which are asked in the previous papers of UPSC

# What are your thoughts on the Uniform Civil Code? Examine its applicability in a secular country like India, as well as the obstacles to its implementation. (maximum 250 words)

# Examine the elements that may prevent India from implementing a unified civil commission for its inhabitants, as required by the directive principles of state policy.

# On the one hand, there is no necessary link between religion and personal laws, while civil and personal laws are distinct on the other. Discuss the need for a consistent civil commission and the various issues that come with it in this setting.

# Essay Question: In a secular India, a Uniform Civil Code is Required.

Also Read: UPSC Test Question with Answers: Practice Set for UPSC Current Affairs

This article is an essay on the uniform civil code of India and talks about the challenges, suggestions and also the arguments. The aspirants should take down these as important notes, and also form revision notes as bullet points as uniform civil code is a very crucial topic in the UPSC.

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• Need For A Uniform Civil Code In A Secular India

Uniform Civil Code - Challenges, Suggestions & Debate On UCC [UPSC Notes]

Uniform Civil Code resonates with one country one rule, to be applied to all religious communities. The term, ‘Uniform Civil Code’ is explicitly mentioned in Part 4, Article 44 of the Indian Constitution. Article 44 says, “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” 

Uniform Civil Code – Indian Polity Download PDF Here

Context : Uniform Civil Code in India is a widely debated topic lately since the first petition was filed in 2019 to seek for framing of a UCC to promote national integration and gender justice, equality, and dignity of women.

Questions from it can be asked in the IAS Exam in Prelims, Mains GS-1 (Indian Society), GS-II (Governance), and also Essay papers. This article is an essay on the Uniform Civil Code in India. It talks about the challenges and suggestions in its implementation, part IV of Article 44 of the constitution and debates associated with uniform civil code.

Table of Contents:

Uniform Civil Code – UCC

A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly.

They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. It is based on the premise that there is no connection between religion and law in modern civilization.

What is Article 44?

Article 44 corresponds with Directive Principles of State Policy stating that State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India.

Uniform Civil Code Debate

Historical perspective – The debate for a uniform civil code dates back to the colonial period in India.

• The Lex Loci Report of October 1840- It stressed the importance and necessity of uniformity in the codification of Indian law, relating to crimes, evidence and contract. But, it also recommended that personal laws of Hindus and Muslims should be kept outside such codification.
• The Queen’s 1859 Proclamation- It promised absolute non-interference in religious matters.

So while criminal laws were codified and became common for the whole country, personal laws continue to be governed by separate codes for different communities.

• During the drafting of the constitution, prominent leaders like Jawaharlal Nehru and Dr B.R Ambedkar pushed for a uniform civil code. However, they included the UCC in the Directive Principles of State Policy (DPSP, Article 44) mainly due to opposition from religious fundamentalists and a lack of awareness among the masses during the time.

Some of the reforms of this period were:-

The Hindu code bill -The bill was drafted by Dr.B R Ambedkar to reform Hindu laws, which legalized divorce, opposed polygamy, gave rights of inheritance to daughters. Amidst intense opposition of the code, a diluted version was passed via four different laws.

Succession Act- The Hindu Succession Act, 1956, originally did not give daughters inheritance rights in ancestral property. They could only ask for a right to sustenance from a joint Hindu family. But this disparity was removed by an amendment to the Act on September 9, 2005

The Hindu Marriage Act

Minority and Guardianship Act

Adoptions and Maintenance Act

Special Marriage Act:

• It was enacted in 1954 which provided for civil marriages outside of any religious personal law.
• Judicial interventions:

Shah Bano case (1985) :-

A 73-year-old woman called Shah Bano was divorced by her husband using triple talaq (saying “I divorce thee” three times) and was denied maintenance. She approached the courts and the District Court and the High Court ruled in her favour. This led to her husband appealing to the Supreme Court saying that he had fulfilled all his obligations under Islamic law.

The Supreme Court ruled in her favour in 1985 under the “maintenance of wives, children and parents” provision (Section 125) of the All India Criminal Code, which applied to all citizens irrespective of religion. Further, It recommended that a uniform civil code be set up.

Facts about the case:

• Under Muslim personal law, maintenance was to be paid only till the period of iddat. (three lunar months-roughly 90 days ).
• Section 125 of CrPC (criminal procedure code) that applied to all citizens, provided for maintenance of the wife.

Impact – After this historic decision, nationwide discussions, meetings and agitations were held. The then government under pressure passed The Muslim Women’s (Right to protection on divorce ) Act (MWA) in 1986, which made Section 125 of the Criminal Procedure Code inapplicable to Muslim women.

Daniel Latifi Case:-

Muslim Women’s Act (MWA) was challenged on the grounds that it violated the right to equality under Articles 14& 15 as well as the right to life under Article 21. The Supreme Court while holding the law as constitutional, harmonised it with section 125 of CrPC and held that the amount received by a wife during iddat period should be large enough to maintain her during iddat as well as provide for her future. Thus under the law of the land, a divorced Muslim woman is entitled to the provision of maintenance for a lifetime or until she is remarried.

Sarla Mudgal Case:-

In this case, the question was whether a Hindu husband married under the Hindu law, by embracing Islam, can solemnise a second marriage. The court held that the Hindu marriage solemnized under Hindu law can only be dissolved on any of the grounds specified under the Hindu Marriage Act 1955. Conversion to Islam and marrying again, would not by itself dissolve the Hindu marriage under the act and thus, a second marriage solemnized after converting to Islam would be an offence under section 494 of the Indian Penal Code (IPC).

John Vallamattom Case:-

In this case, a priest from Kerala, John Vallamattom challenged the Constitutional validity of Section 118 of the Indian Succession Act, which is applicable for non-Hindus in India. Mr Vallamatton contended that Section 118 of the act was discriminatory against Christians as it imposes unreasonable restrictions on their donation of property for religious or charitable purposes by will. The bench struck down the section as unconstitutional.

Candidates who are preparing for UPSC 2024 , may check the linked article to know more about the upcoming IAS exam, its pattern, syllabus and more.

Related links:

The Constitution of India on the Uniform Civil Code

Part IV, Article 44 of the Constitution states that “The State shall endeavour to secure the citizen a Uniform Civil Code throughout the territory of India”.

However, Article 37 of the Constitution itself makes it clear the DPSP “shall not be enforceable by any court”. Nevertheless, they are “fundamental in the governance of the country”. This indicates that although our constitution itself believes that a Uniform Civil Code should be implemented in some manner, it does not make this implementation mandatory.

The candidates can read  IAS Topper strategies to align their preparation accordingly and be updated with tips and guidelines.

Other constitutional provisions relating to religious freedom and secularism are:

• Article 15- No discrimination on grounds of religion, race, caste, sex or place of birth.
• Article 25- Freedom of conscience and free profession, practice and propagation of religion, subject to reasonable restrictions on the grounds of public order, health and mortality.
• Article 25 (2)-provides for regulating secular activities associated with religious practices, social welfare and reform.
• Article 26- Right to establish and administer religious institutions.
• Article 27- Prohibits the state from levying a tax, proceeds of which are used for the benefit of a particular religion.
• Article 28- deals with the issue of religious instruction in educational institutions.

The 42nd Constitutional Amendment Act inserted the word ‘secularism’ in the preamble. In the S.R.Bommai vs Union of India case, the Supreme Court held secularism as a basic feature of the constitution.

Goa Civil Code

Goa is the only Indian state to have a UCC in the form of common family law. The Portuguese Civil Code that remains in force even today was introduced in the 19th century in Goa and wasn’t replaced after its liberation.

• The Uniform Civil Code in Goa is a progressive law that allows equal division of income and property between husband and wife and also between children (regardless of gender).
• Every birth, marriage and death have to be compulsorily registered. For divorce, there are several provisions.
• Muslims who have their marriages registered in Goa cannot practice polygamy or divorce through triple talaq.
• During the course of a marriage, all the property and wealth owned or acquired by each spouse is commonly held by the couple.
• Each spouse in case of divorce is entitled to half of the property and in case of death, the ownership of the property is halved for the surviving member.
• The parents cannot disinherit their children entirely. At least half of their property has to be passed on to the children. This inherited property must be shared equally among the children.

However, the code has certain drawbacks and is not strictly a uniform code. For example, Hindu men have the right to bigamy under specific circumstances mentioned in Codes of Usages and Customs 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). For other communities, the law prohibits polygamy.

Uniform Civil Code and Arguments For & Against

Arguments in favour of the Uniform Civil Code:

• It will Integrate India- India is a country with many religions, customs and practices. A uniform civil code will help in integrating India more than it has ever been since independence. It will help in bringing every Indian, despite his caste, religion or tribe, under one national civil code of conduct.
• Will Help in Reducing Vote Bank Politics- A UCC will also help in reducing vote bank politics that most political parties indulge in during every election.
• Personal Laws Are a Loophole- By allowing personal laws we have constituted an alternate judicial system that still operates on thousands of years old values. A uniform civil code would change that.
• Sign of a modern progressive nation- It is a sign that the nation has moved away from caste and religious politics. While our economic growth has been significant, our social growth has lagged behind. A UCC will help society move forward and take India towards its goal of becoming a truly developed nation.
• It will Give More Rights to Women- Religious personal laws are misogynistic in nature and by allowing old religious rules to continue to govern the family life we are condemning all Indian women to subjugation and mistreatment. A uniform civil code will also help in improving the condition of women in India.
• All Indians Should be Treated the Same- All the laws related to marriage, inheritance, family, land etc. should be equal for all Indians. UCC is the only way to ensure that all Indians are treated the same.
• It Promotes Real Secularism- A uniform civil code doesn’t mean that it will limit the freedom of people to follow their religion, it just means that every person will be treated the same and all citizens of India have to follow the same laws regardless of any religion.
• Change has been the law of nature-A minority of people should not be allowed to pick and choose the laws they want to be administered under. These personal laws were formulated in a specific spatiotemporal context and should not stand still in a changed time and context.
• Many provisions of specific personal laws are in violation of human rights.
• Article 25 and Article 26 guarantee the freedom of religion and UCC is not opposed to secularism.
• The codification and unification of the variegated personal laws will produce a more coherent legal system. This will reduce the existing confusion and enable easier and more efficient administration of laws by the judiciary.

Uniform Civil Code – Challenges in its Implementation

UCC is a debated-topic and forms an important part of UPSC Current Affairs which aspirants can check in the linked article.

The task of actually devising a set of rules that will govern all communities is a very formidable and tedious one considering the vast range of interests and sentiments to be accounted for.

• Misinformation about UCC – Content of UCC has not been spelt out leading minorities to believe that it is a way of imposing majority views on them.
• Lack of political will due to the complexity and sensitivity of the issue.
• Different religious communities have different personal laws which lead to the politicization of the UCC debate.

Opponents of UCC argue that personal laws are derived from religious beliefs. They maintain that it is prudent not to disturb them, as this runs the risk of engendering a great deal of animosity and tension between various religious communities. Also, India being a secular country guarantees its minorities the right to follow their own religion, culture and customs under Article 29 and 30. They argue that implementing UCC will contravene these articles.

Suggestions for Implementing a Uniform Civil Code:

To realize the goals of the DPSP and to maintain the uniformity of laws, the following suggestions need immediate consideration:

• A progressive and broadminded outlook should be encouraged among the people to understand the spirit of the UCC. For this, education, awareness and sensitisation programmes must be taken up.
• The Uniform Civil Code should be drafted keeping in mind the best interest of all the religions.
• A committee of eminent jurists should be constituted to maintain uniformity and care must be taken not to hurt the sentiments of any particular community.
• The matter being sensitive in nature, it is always better if the initiative comes from the religious groups concerned.

The Way Forward for UCC: Gradual Change

India has a unique blend of codified personal laws of Hindus, Muslims, Christians, Parsis. There exists no uniform family-related law in a single statute book for all Indians which is acceptable to all religious communities who co-exist in India. However, a majority of them believe that UCC is definitely desirable and would go a long way in strengthening and consolidating the Indian nationhood. The differences of opinion are on its timing and the manner in which it should be realized.

Instead of using it as an emotive issue to gain political advantage, political and intellectual leaders should try to evolve a consensus. The question is not of minority protection, or even of national unity, it is simply one of treating each human person with dignity, something which personal laws have so far failed to do.

How to Approach UCC for Civil Services Examination

For Prelims:

Polity- religion, secularism, personal laws, etc.

For Mains: General Studies Paper-II

• Indian polity

Aspirants can get GS-II related articles from the table below:

Practice Questions for UCC

Sample questions are given below:

Prelims Paper I-

• Part IV of the constitution deals with the uniform civil code
• Uniform civil code has been recommended to ensure national integration.
• Goa is the only state in India to have some form of uniform civil code
• Part IV of the constitution is justiciable in nature

Essay Paper-

• The Need for a Uniform Civil Code in a Secular India.

General Studies Paper-II –

• Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the directive principles of state policy.
• There is no necessary connection between religion and personal laws on the one hand and civil laws and personal laws are different on the other. In this context discuss the need for a uniform civil code and the different challenges associated with this.

UPSC aspirants should read more about various laws and constitutional amendments for IAS 2023. It would be beneficial to refer to NCERT Books on the subject. The concepts learnt should be linked to current affairs for the exam.

UPSC Questions Related to Uniform Civil Code

What is the meaning of civil code.

A civil code is a systematic collection of laws designed to deal with the core areas of private law such as for dealing with business and negligence lawsuits and practices.

What is the Article 44?

Article 44 of the Indian Constitution defines a Uniform Civil Code. Article 44 says, ‘The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.’ The article is a part of the Directive Principles of State Policy.

Why does Goa have a uniform civil code?

The Goa Civil Code, also known as the Goa Family Law, was introduced in 1870 by the Portuguese who were ruling the state. After the liberation of Goa in 1961, the civil code was retained.

When was the Hindu code bill passed?

The Hindu Code Bills are a set of laws that were passed in the 1950s.

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Uniform Civil Code: A Judicial Analysis

Introduction.

The article aims to discuss, present and analyze judicially the Uniform Civil Code (UCC) which is contained as a Directive Principle of State Policy in Article 44 of the Constitution and to present the findings and conclusions thereafter. It contains a brief history of UCC which also includes the arguments raised in the Constituent Assembly debates. It then goes on to present the cases in which the judiciary has talked about UCC and its need in India. It also tries to throw some light on the future prospects of a UCC which includes the right to freedom of religion challenge which is unarguably the biggest concern for any government which tries to come up with a UCC. It also addresses, in brief, the majoritarian aspect of UCC in the light of Uniform Code v. Common Code. It finally tries to present the findings and conclusions at the end. The article aims to answer two questions. Firstly, does Article 44 give the State the unquestionable power to come up with a UCC? Secondly, does the Right to Freedom of Religion challenge future legislation for UCC and provides for a plurality of personal laws?

Brief history of Uniform Civil Code and the journey of UCC in the Judiciary

Uniform Civil Code (UCC) which finds a constitutional mention in the Directive Principles of State Policy is a set of civil laws which will be applied on all the citizens of India irrespective of the religion they follow. The domain of this code will be the civil matters of marriage, divorce, adoption, inheritance, succession, custody etc. This will mean that the citizens will not be governed by their personal laws in the civil matters concerned.

Article 44 being a part of Part IV of the Constitution does not permit the courts to compel the government to chalk out a Uniform Civil Code. Though the courts have felt the need for UCC, it is fully on the government to decide when and how to frame it. Not much effort has been made to achieve the aspiration of Article 44 apart from the codification of Hindu law.

Lining out the history of UCC and the journey of UCC in the judiciary, the following are some points of constituent assembly debates which are then followed by the cases in which the courts have talked about UCC in India and its prospects.

1. Constituent Assembly Debates

Mr. Mohamad Ismail Sahib believed that the idea behind bringing a UCC was to guarantee harmony via uniformity. He believed that in order to attain this harmony, it was not necessary to change the applicability of personal laws which according to him would lead to the opposite of what was sought – discontent and disharmony. Mr. Naziruddin Ahmad was of the view that the movement towards UCC should be gradual and consensual. According to him, the Parliament must assess the consent by interacting through the representatives of the religious communities.

K.M. Munshi put forth his views that like Muslims, many Hindus also believe that personal laws are part of Hinduism – the religion and giving consideration to this belief would hamper any objective of the government to ensure equality and to overcome inequality. And hence, this belief of some should not form a hindrance in achieving the goal of UCC. According to him, people should not practice discrimination under the garb of religion and a UCC would ensure safety from this. Alladi Krishnaswami Ayyar put forth his view that harmony will be ensured by UCC because the main enemy to harmony will be differential treatment in civil matters which will be curbed by a UCC.

Dr. B. R. Ambedkar put forth his viewpoint that even religious laws of Muslims on civil matters were not constant throughout India and the claim that Muslim Law was followed in India as a whole is nullified. For example, up to 1935, the Muslims of NWF Province were subjected not to Sharia Law but were subjected to Hindu Law. He said that due to reasons like this, the Muslim community should not feel that the Muslim law was the one which was applicable in India uniformly. A UCC can have certain portions of Hindu law not because they are of Hindu law but because the suitability and rationale for these provisions may be more.

2. Cases in which Courts have talked about UCC and its prospects

The Bombay High Court in State of Bombay v. Narasu Appa Mali [i] , observed that Hindus being punished for bigamy and Muslims being not punished cannot be said to be discrimination on grounds of religion and the sole reason behind this is the legislative intent that Hindu law can be reformed and marriage in it can be limited to one at a time and the same was not felt for Islam by the Legislature.

The Supreme Court in Mohd. Ahmed Khan v. Shah Bano Begum [ii] case observed that it is indeed a matter of regret that the aspiration of UCC which is contained in Article 44 of the Constitution has not been implemented. The State despite of having the unquestionable and undeniable authority of chalking out a UCC has not taken any effort to do so. The Supreme Court even went a step ahead to express its desirability of a UCC by stating that it will bring about national cohesion and integration by ending the scope of differential treatment of people according to the religion they follow.

The onus is on the State to bring out a UCC and not on the communities to express their desirability for the same. Political and ideological difficulties should not be hindrances in achieving what is sought in Article 44. The Court believed that UCC would lead to justice to all and also referred to what Dr. Tahir Mahmood stated that Muslims should no longer care about changes and legislations in their personal laws but should aspire towards a common civil code for India and how Islamic laws can contribute in it.

The Supreme Court in Sarla Mudgal v. Union of India [iii] also stressed the inability of the governments to bring out a UCC. It is observed that when more than 80% of the citizens are already under a codified law (Hindu Law) then it does not make sense to leave out the rest of the citizens from the ambit of a uniform civil code. It also stressed an option to a Hindu man to simply convert to Islam to marry two wives at the same time and get away with any punishment for bigamy which seems unfair on the face of it. It observed that opposition cannot be made by communities to challenge UCC. Matters like marriage and succession etc. cannot be said to have religious safeguards under the Right to Freedom of religion. It step a further ahead and requested the State and governments to consider and fulfill what is bestowed upon them under Article 44.

The Supreme Court in Shayara Bano v. Union of India [iv] had observed that it is required by the Constitution of India that the State provides for a UCC to deal with the problems arising out of personal laws. A similar need for UCC was felt by the Apex Court in Jorden Diengdeh v. S.S. Chopra [v] . The Supreme Court in John Vallamattom v. Union of India [vi] expressed the need again and observed that religion and personal law cannot be said to have a relationship in a civilized society. Religious freedom and religion for personal laws are two completely separate and different things according to the Apex Court.

Delhi High Court in a recent judgment of Satprakash Meena v. Alka Meena [vii] observed again the need for UCC and observed that the young people of India should not be left to entangle with the issues arising due to varying provisions of personal laws according to the religions of the citizens regarding the civil matters like marriage etc.

Legal analysis of a prospective Uniform Civil Code

1. uniform code v. common code.

There have been arguments raised regarding a prospective Uniform Civil Code in regard to a common code. Article 44 instructs the State to come up with a ‘Uniform’ Civil Code and this ‘Uniform’ is distinguished from a ‘Common’ code. It can be said that the Article aspires for a system of laws for all communities to be based on uniform principles of social equality and gender justice. Extending personal laws of the majority religion (Hinduism) to all the citizens of the country would be called as ‘Common’ and not ‘Uniform’ code. It can be said that UCC demands for criticism of personal laws to further the principles of social justice and equality but not a complete repeal of the personal laws other than that of the majority’s. Article 44 can be interpreted to eliminate the evils of personal laws but at the same time, not impose personal laws of the majority on the minorities in the name of national integration. Revising personal laws to end practices of sex discrimination etc. will be a positive step towards uniformity in civil laws. [viii]

2. UCC v. Right to Freedom of Religion

It can be argued that Sharia is associated with the Prophet Muhammad and thereby an integral part of Islam. Altering Sharia laws and implementing UCC could easily be seen as a deprivation of Right to Freedom of Religion by Muslims. It can be argued that Sharia being a god-made law cannot be intervened into. Therefore, UCC can easily be seen as something communal and provocative or as a political tool rendering the whole motive of social justice and integrity by UCC futile. [ix] Therefore, it is important to assess the angle of Religion.

Justice Sahai while advocating the idea of UCC stressed on the need for caution to take into account the sentimental aspects. He stressed on the need to calm the sentiments and emotions and also for measures and activities which would bridge the present status to a prospective future UCC. [x] There have been counters to the claims put forward by people who see UCC as a breach of the Right to Freedom of Religion. Right to freedom of religion under Article 25 should not be construed as a right which covers personal laws in civil matters.

Also, Article 25 demands for following other provisions of Part III which involves a strict non-discrimination policy on grounds of sex etc. and therefore exploiting Article 25 to continue practices of discrimination against women in civil matters can be said to be a violation of the principle of equality. Revising personal laws to end discriminatory practices like polygamy, unilateral divorce and the absence of provision for maintenance in case of divorce cannot be said to be violating the Right to Freedom of Religion. [xi]

Over the years, arguments have also been raised that principles of equality, social justice and the right against discrimination should be placed above the religious personal laws which demand the exercise of unjust, unfair and unequal practices. It is rather strange that Muslim women need to suffer from discriminatory practices just because they are Muslim. Advantages of UCC can be proper notice period, registration of marriages and monogamy while retaining the religious customs of marriages in various religions. [xii] This can lead to the proper following of both the right to religion and equality. Even countries like Morocco, Pakistan, Iran, Syria etc. have codified their personal laws in which they have either prohibited or highly limited the practice of polygamy. [xiii]

An important Act which cannot be overlooked while discussing religion and UCC is the Special Marriage Act, 1954 which was applicable to the family affairs of all the citizens irrespective of their religion but in a voluntary manner. It was not according to the personal laws of Hindus or Muslims but interestingly was not objected to. Therefore, the principles and the laws which will be included in the future UCC should be divergent and should be taken from all personal law systems so that thought of biasness does not arise. Overall it would not be wrong to state that the judiciary will welcome UCC with great pleasure. Former CJI SA Bobde also lauded the Goa model of UCC in personal matters of Goans of all religions.

Findings, Conclusion and Suggestions

The courts have repeatedly expressed the need for UCC and the courts have also differentiated between the Right to Freedom of Religion and the applicability of personal laws based on religion. They have drawn a line as to what can be demanded under Articles 25 and 26 and have not observed personal laws as something which can be seen as a fundamental right . This will aid the governments who chose to bring out a UCC to end the discriminatory behavior of some personal law provisions and bring about more equality, integrity and unity.

But, the Courts have remained silent as to what proportion should be the laws in the UCC related to a specific community. Also, it can still be argued on lines of religion if a not-so-equal provision of Hindu law is included in the UCC and thus makes it mandatory for citizens of all religions to abide by it. It cannot be denied that arbitrariness may crawl in UCC and hence it would be very important on the part of the upcoming or present governments to tackle and act on a sensitive issue of Article 44 which has been avoided by the previous governments.

It can be argued that a section of the society will be asked to follow the personal laws of another religion. It can also be felt that the time is not ideal for UCC just like Law Commission in 2017 observed that UCC is not possible due to the huge diversity which India offers and safeguards. But, important intermediary steps need to be taken to come at a stage which can be said to be ‘the ideal time’ for UCC. Religion being a highly sensitive and sentimental issue in India, UCC should not only be non-violative of any laws and fundamental rights but should also respect and care about the feelings of minorities in order to attain its goal of national unity, integrity and social justice. Mingled with so many issues, it can be understood why previous governments have been reluctant to do anything regarding Article 44. Constitutional aspirations should be achieved but national peace and harmony also cannot be ignored.

The need to differentiate between religious faith and religious practices cannot be stated more. Overlooking discriminatory practices in the name of religion cannot be continued anymore. Countries like Germany, Japan, Spain, Portugal, Canada etc. are successfully observing a UCC. The governments need to act on the DPSP of Article 44. A great option can be to pick out the best personal laws from various religions and enact equal laws in case no religious law is appropriate in a certain area. It is also important not to incline entirely towards the majority religion while doing so and therefore neutrality need to be shown and established. A UCC which is not inclined toward a particular community’s personal laws can be the key just like the Special Marriages Act, 1954 .

It also cannot be denied that though there have been several opinions of the judiciary regarding the UCC, the entire onus is on the legislature to come up with a UCC. Hence, in the course of the article and the view of the judiciary, it is clear that the State has the power to come up with a UCC and it cannot be compelled by the judiciary. And, in the course of the article, it is also shown how religion is an important aspect but the Right to Freedom of Religion is not a barrier to UCC.

[i]  AIR 1952 Bom. 84.

[ii]  (1985) 2 SCC 556.

[iii] (1995) 3 SCC 635.

[iv]  (2017) 9 SCC 1.

[v]  (1985) 3 SCC 62.

[vi]  (2003) 6 SCC 611.

[vii]  2021 SCC OnLine Del 3645.

[viii] S.P. Sathe, Uniform Civil Code: Implications of Supreme Court Intervention , Vol. 30 No. 35 Economic and Political Weekly 2165, 2 (1995), https://www.jstor.org/stable/4403156.

[ix] Shabbeer Ahmed, Uniform Civil Code (Article 44 of the Constitution) A Dead Letter , Vol. 67 No. 3 Indian Journal of Political Science 550, 7 (2006), https://www.jstor.org/stable/41856241.

[x] Flavia Agnes, Hindu Men, Monogamy and Uniform Civil Code , Vol. 30 No. 50Economic and Political Weekly 3243, 1 (1995), https://www.jstor.org/stable/4403569.

[xi] S.P. Sathe, Uniform Civil Code: Implications of Supreme Court Intervention , Vol. 30 No. 35 Economic and Political Weekly 2166, 2 (1995), https://www.jstor.org/stable/4403156.

[xii] Leila Seth, A Uniform Civil Code: towards gender justice , Vol. 31 No. 4 India International Centre Quarterly 48, 2 (2005), https://www.jstor.org/stable/23005979.

[xiii] Shabbeer Ahmed, Uniform Civil Code (Article 44 of the Constitution) A Dead Letter , Vol. 67 No. 3 Indian Journal of Political Science 549, 7 (2006), https://www.jstor.org/stable/41856241.

This article has been written by Shivesh Didwania, 2nd year Law student at Maharashtra National Law University, Mumbai.

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Essay on Uniform Civil Code in 500+ Words

• Updated on  
• May 22, 2024

The State of Uttarakhand has become the first state in India to implement the Uniform Civil Code. On 13 March 2024, the President of India Droupadi Murmu granted her assent to the bill. The UCC was introduced to create one common law for everyone in India. However, UCC was not welcomed by everyone. It became a bone of contention among the framers of the Constitution, and even today, it’s a highly debated and politically charged topic in India. Today, we will discuss an essay on the Uniform Civil Code for students.

Table of Contents

• 1 Essay on Uniform Civil Code in 500+ Words
• 2 Background
• 3 Challenges
• 4 Benefits to the Nation
• 5 Conclusion

The Uniform Civil Code was introduced in the Constituent Assembly by Dr BR Ambedkar. It is listed under Article 44 of the Indian Constitution and is part of the Directive Principles of State Policies, which are not enforceable by law. These policies are meant to guide both central and state governments to make laws for the welfare of all. The UCC talks about one common civil code for everyone. 

UCC meant the abolition of personal laws—laws based on scriptures and religious texts. These personal laws regulated almost every aspect of life, such as marriage, divorce, adoption, inheritance, guardianship, etc. A lot of these laws were discriminatory and unfair to minorities and women. 

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The origin of the Uniform Civil Code can be traced back to the Romans, who governed themselves based on a civil law, and not holy texts. So did the Mesopotamians. They followed the code of ‘Ur-Namo’, which is the oldest law code in history. 

The US Constitution is another example, where every individual is equal. The UCC was introduced in the Indian Constituent Assembly in November 1948, and it divided the assembly into two different groups; some were in favour, while others were against. 

The objective of the UCC was simple: One Nation, One Law . Although the objective was simple, the Constituent Assembly failed to implement UCC. India is a highly diverse country with a population of more than 330 million people. 

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Right after independence, there was constant chaos of religions, ethnicities, customs, and social structures. Both Islamic Fundamentalists and Orthodox Hindus opposed the UCC. They wanted Sharia and Shashtras to determine personal laws. 

They feared that the UCC would diminish their authority and give it a different term, ‘A Threat to Religious Freedom’ . To challenge the UCC, they warm up to social unrest in the country. DR Ambedkar, the founding father of the Constitution retreated and made the proposal optional. Therefore, UCC was made Article 44 and listed under the Directive Principles of State Policies. 

Benefits to the Nation

According to Article 44 of the Indian Constitution, ‘The State Shall Endeavour to Secure for the Citizens a Uniform Civil Code Throughout the Territory of India.’ 

• The implementation of the UCC will bring uniformity to the county. 
• It will uplift women and oppressed religious communities who have been deprived of their rights. Today, Goa is the only Indian state where the UCC is implemented. 
• Until 1961, Goa was a Portuguese colony, where they introduced a civil code applicable to everyone in the colony. 
• Even Islamic countries like Turkey, Egypt, Jordan, and Morocco have codified personal laws as per their constitutions. Also, Jordan and Egypt have banned triple talaq.

In the 1980s, the UCC once again gained momentum. In the Shah Banu case, she appealed for justice after being divorced by her husband. According to Muslim Law, she was entitled to only 3 months of alimony. The Supreme Court ruled in her favour and Shah Bano was awarded maintenance.

The Supreme Court of India said, ‘A common civil code will help the cause of national integration by removing disparate loyalties to laws that have conflicting ideologies.’ 

In its 2019 manifesto, the BJP promised the best provisions for different personal laws from different religions. 

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The Uniform Civil Code was introduced to unite India into one law. Even after 7 decades of its introduction, it has remained controversial because of its misuse by religious forces and misinterpretation by politicians. Only by building consensus and bringing experts from all communities and faiths together can we ensure its successful implementation. 

Ans: The Uniform Civil Code (UCC) aims to bring all personal laws in India under a common law; the civil law. It meant the abolition or limitation of religious laws in India. The UCC is listed under Article 44 of the Indian Constitution. It is a part of the Directive Principles of State Policies, which are not enforceable by law. These policies are meant to guide both central and state governments to make laws for the welfare of all. The UCC talks about one common civil code for everyone. 

Ans: The UCC is listed under Article 44 of the Indian Constitution.

Ans: There was immense opposition from different religious communities and the political parties misinterpreted it. It became difficult for the framers of the constitution to implement it, and so it was listed under the DPSP.

Ans: Goa is the only Indian state where the UCC is implemented. Until 1961, Goa was a Portuguese colony, where they introduced a civil code applicable to everyone in the colony.

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Shiva Tyagi

With an experience of over a year, I've developed a passion for writing blogs on wide range of topics. I am mostly inspired from topics related to social and environmental fields, where you come up with a positive outcome.

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Uniform Civil Code: One Nation One Code

There is nothing non-secular or sectarian in demanding that the provisions of Indian civil laws should apply evenhandedly to all . -Amarty Sen (1993) There has been much debate in recent times on the topic of Uniform Civil Code. It is to be taken into consideration that the compartmentalization of law and the genesis of our country’s legislative literature can be traced back to the colonial era. Before heading deep into the concept of uniform civil code, it is noteworthy to take into knowledge, the meaning of the term ‘Uniform Civil Code’.

What is Uniform Civil Code?

Concept of uniform civil code, personal laws and uniform civil code: timeline, constitutional provision relating to uniform civil code, the intent of judiciary, need of uniform civil code, merits of uniform civil code, secularism v/s uniform civil code, role of indian judiciary, uniform civil code bill.

Written by: Shubham Mongia

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Essay on Uniform Civil Code 1000+ Words

The concept of a Uniform Civil Code (UCC) is a subject of significant discussion and debate. In this essay, I will argue that the implementation of a Uniform Civil Code in a diverse country like India has the potential to promote equality, justice, and legal uniformity.

Defining the Uniform Civil Code

A Uniform Civil Code is a set of laws that apply uniformly to all citizens, regardless of their religion, regarding matters such as marriage, divorce, inheritance, and property rights. India is a nation with diverse personal laws based on religion, which creates disparities.

Addressing Religious Personal Laws

Currently, India follows different personal laws for different religious communities. For example, Hindus, Muslims, Christians, and others have separate laws governing marriage, divorce, and inheritance. This creates inequality and confusion.

Promoting Gender Equality

One of the main arguments in favor of a Uniform Civil Code is its potential to promote gender equality. Under many existing personal laws, women often face discrimination in matters like divorce, inheritance, and property rights.

Case Study: Triple Talaq

The issue of triple talaq in Islamic personal law has been a subject of controversy. A Uniform Civil Code could eliminate practices like instant triple talaq, which have been deemed unfair and oppressive to women.

Legal Uniformity

A Uniform Civil Code would bring legal uniformity to the country. It would simplify the legal system by applying a single set of laws to all citizens, irrespective of their religious beliefs.

Social Cohesion

Implementing a Uniform Civil Code can promote social cohesion by removing religious divisions in personal laws. It can contribute to a more unified and harmonious society.

Arguments Against a UCC

Some argue that a UCC may infringe upon religious freedom and traditions. It’s important to consider these concerns and strike a balance between personal beliefs and the need for equality and uniformity.

International Perspective

Many countries, including some with diverse religious populations like the United States, have uniform civil codes that apply to all citizens. Examining international examples can provide insights into the benefits and challenges of implementing a UCC.

Legal Challenges

Implementing a uniform civil code in a diverse country like India would require careful consideration and planning to address legal complexities and cultural sensitivities.

Conclusion of Essay on Uniform Civil Code

In conclusion, the implementation of a Uniform Civil Code in India is a complex and contentious issue. However, it has the potential to promote gender equality, legal uniformity, and social cohesion. It is essential to have open and respectful discussions to find a balanced approach that respects religious beliefs while ensuring justice and equality for all citizens. A Uniform Civil Code, if implemented thoughtfully, could be a significant step toward a more equitable and unified society.

Also Check: Simple Guide on How To Write An Essay

Essay Writing on Uniform Civil Code (UCC) in English : Need and Challenges

Uniform Civil Code : Need & Challenges

Uniform Civil Code (UCC), inserted in Article 44 of the Costitution is a widely debated topic in India. Uniform Civil Cod is a proposed law in India to create and execute personal laws of citizens regardless of their gender, religion, caste or community. Article 44 of the Constitution directs the State to implement Uniform Civil Code throughout the territory of India. The primary objective of the Uniform Civil Code is to promote gender equality and national integration by bringing all personal laws under one umbrella.

India struggles with the idea of UCC due to the existence of different personal laws governing various aspects of life such as marriage, divorce, inheritance, adoption among others. These personal laws are based on religious texts and customs and differ from one community to another. This has resulted in discrimination against women and minority groups, who often receive unfair treatment under these laws.

ARGUMENTS IN FAVOUR OF UCC

A Uniform Civil Code would ensure that all citizens, irrespective of their religion or gender, are subjected to the same laws which would promote equality before law, gender equality, social justice and national unity. It would also bring an end to discriminatory practices such as triple talaq and polygamy, which are allowed under certain personal laws. It would also allow the modernization and reform of India's legal system. UCC can potentially reduce tensions and conflicts between different religions that arise due to differences in personal laws. The Supreme Court in various judgements has called for the implementation of the UCC. The most important one was Shah Bano Begum case of 1985, where a divorced muslim women demanded maintenance from her former husband and the apex court ruled in her favour.

There are concerns that a Uniform Civil Code would infringe on the religious and cultural rights of minorities and it may not be feasible given the diversity of the Indian society. There is a lack of consensus among the various religious and cultural communities in India on this issue. This makes it challenging to implement such a code. The issue of UCC is a highly sensitive and politicised issue and may be used as a political tool to target communities.

To conclude, the UCC debate in India is intricate and has various facets. The implementation of UCC is definitely desirable which will go a long way in promoting gender equality, social justice and strengthening the Indian nationhood. To ensure that UCC is perceived as just and equitable by all citizens, it is essential to consider diverse perspectives and needs of different groups and evolve a consensus.

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• Question : Which article of the Indian constitution talks about a uniform civil code? Option 1: Article 352 Option 2: Article 44 Option 3: Article 14 ...

Question : Which article of the Indian constitution talks about a uniform civil code? Option 1: Article 352 Option 2: Article 44 Option 3: Article 14 Option 4: Article 370

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Correct Answer: Article 44

Solution : The correct answer is Article 44 .

Article 44 of the Indian Constitution discusses the Directive Principles of State Policy related to a uniform civil code. The specific wording is as follows:

The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

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Congress pushing Sharia in name of personal law but BJP will bring UCC: PM Modi

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‘Congress opposes UCC, supports Sharia under guise of Muslim Personal Law’: PM Modi

Addressing a poll rally in himachal pradesh's mandi, the prime minister advocated for the implementation of a uniform civil code (ucc)..

Prime Minister Narendra Modi on Friday accused the Congress of supporting Islamic law Sharia under the guise of the Muslim Personal law.

Addressing a poll rally in Himachal Pradesh's Mandi, the prime minister advocated for the implementation of a Uniform Civil Code (UCC), a common set of laws that would subsume customary laws across faiths and govern issues such as marriage, divorce, inheritance, and maintenance. Follow full coverage of the 2024 Lok Sabha elections.

“Modi has pledged to implement a Uniform Civil Code,” the prime minister said at the rally. “Regardless of whether an Indian citizen is Hindu, Muslim, Sikh, Christian, or Buddhist, there should be a uniform civil law for everyone.”

“However, the Congress party is opposing the Uniform Civil Code. Congress supports Sharia law under the guise of Muslim Personal Law.”

In Friday's speech, Modi also said that Kangana Ranaut, the BJP's candidate from the Mandi constituency in the Lok Sabha elections, represents the aspirations of youngsters and "our daughters".

He urged the people of Mandi to give a befitting reply to the Congress for making derogatory statements against the actor which he also described as an insult to Mandi and Himachal Pradesh.

Also Read | PM Modi reacts to Calcutta HC verdict on OBC status: ‘TMC gave certificates to Muslim for…’

“Congress is still stuck in the same outdated mindset. Have you seen what Congress says to daughters who achieve success on their own?” the prime minister asked.

“The derogatory remarks Congress has made about Kangana Ji by mentioning Mandi are an insult to Mandi, an insult to Choti Kashi, an insult to Himachal, and an insult to every daughter of Himachal.”

Modi also accused the Congress government in Himachal Pradesh of selectively distributing central aid meant for victims of last year's floods and promised to find out where the money went once he returns to power.

Also Read |   UCC across country in Modi’s 3rd term: Rajnath

The BJP had earlier said that the Centre had released ₹ 1,762 crore for the victims of floods, besides funds for the construction of 2,300 roads and 11,000 houses. It alleges that Congress gave the moment to select people.

Follow the latest breaking news and developments from India and around the world with Hindustan Times' newsdesk. From politics and policies to the economy and the environment, from local issues to national events and global affairs, we've got you covered. ...view detail

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