The Uniform Civil Code has its roots in the concept of a civil law code. It envisions the implementation of a consistent set of secular civil laws that govern people from different religions and regions. This replaces the practice of citizens adhering to different personal laws based on their religion or ethnicity. The areas covered by a civil code include personal status, rights related to property acquisition and administration, as well as matters of marriage, divorce, and adoption.
Constituent Assembly Debates
The constituent assembly took up the Draft Article 44 and suggested directing the state to bring about a uniform civil code across India. However, this proposal encountered strong opposition from Muslim representatives who argued that any interference with Muslim Personal Laws would constitute a violation of their Fundamental Rights. They advocated for the inclusion of a proviso stating that the Article would not affect the personal laws of citizens and that its implementation should require prior consent from the community. The argument asserting that such interference would infringe upon religious freedom was ultimately rejected, with the understanding that the Constitution allowed for social reform legislation. Within the Constituent Assembly, there was a division regarding the placement of the Uniform Civil Code within the chapter on fundamental rights. This issue was resolved through a vote, with a majority of 5:4 in favor of its inclusion.
Uniform Civil Code and the Indian Constitution
Article 44 of the Indian Constitution stipulates that the state shall strive to ensure that all citizens are governed by a uniform civil code. This code pertains to a single set of laws that apply to all individuals in India regarding personal matters such as marriage, divorce, custody, adoption, and inheritance. Directive Principles of State Policy are outlined in Part IV of the Constitution, and while they are not legally enforceable, they hold fundamental importance in governing the country. It is the responsibility of the State to incorporate these principles into legislation. The significance of the directive principles was acknowledged in the Minerva Mills v. Union of India case, where the Supreme Court ruled that fundamental rights must be harmonized with these principles, as this harmony is a fundamental characteristic of the Constitution.
Article 44, which falls under the “Directive Principles in India,” establishes the duty of the State to implement a uniform civil code. This issue holds great significance not only in terms of secularism in India but also as one of the most contentious subjects in contemporary politics, particularly highlighted during the Shah Bano case in 1985. The debate during that time revolved around the Muslim Personal Law, which is partly based on Sharia law and has remained unchanged since 1937, permitting unilateral divorce and polygamy in the country. The Shah Bano case transformed this matter into a politicized public concern, emphasizing identity politics by pitting specific religious minorities against the preservation of their cultural identity.
Why Uniform Civil Code
Advocates of the Uniform Civil Code (UCC) assert that its implementation would advance gender equality and safeguard women’s rights by eradicating discriminatory practices found in certain religious personal laws. This stands as a crucial rationale behind the need for reforming personal laws or introducing a UCC, as it aims to ensure not only equality between men and women but also to establish gender justice. By eliminating practices that infringe upon human rights and contravene the values enshrined in the Indian Constitution, such as triple talaq, polygamy, and child marriage, a UCC would promote social progress and align with the principles of equality and justice. A UCC would also contribute to national integration by fostering a sense of unity among diverse religious communities and strengthening the secular fabric of the country. It is important to note that a uniform civil code does not impede the freedom of individuals to practice their religion; instead, it guarantees equal treatment for all citizens, irrespective of their religious affiliations. It signifies a departure from caste and religious politics, signifying the nation’s progress in these realms. While India has witnessed significant economic growth, social development has lagged behind. Introducing a UCC would propel society forward, supporting India’s aspiration to become a fully developed nation. Furthermore, a UCC would help mitigate communal and sectarian conflicts arising from differing personal laws. By simplifying and rationalizing the legal system, it would address the complexities and contradictions arising from multiple personal laws. Harmonizing civil and criminal laws would rectify anomalies and loopholes resulting from disparate personal laws. Additionally, a UCC would modernize and reform outdated and regressive practices prevalent in certain personal laws. Overall, proponents of the UCC emphasize that its implementation would bring about gender equality, protect human rights, foster national integration, streamline the legal system, and modernize societal practices
Challenges in its implementation
The effective implementation of the Uniform Civil Code (UCC) faces a significant challenge in the form of Article 25 of the Indian Constitution. Article 25 establishes the Freedom of Religion as a Fundamental Right, ensuring an individual’s freedom to practice and propagate their chosen religion. As a result, religious practices embedded in personal laws continue to be observed. Introducing a UCC is perceived as infringing upon the fundamental rights guaranteed by Article 25, which holds enforceability in courts, unlike Article 44, which is merely a Directive Principle of State Policy without legal enforceability. It is essential to recognize that these obligations on the State outlined in Article 44 are intended to foster good governance. The Preamble of the Indian Constitution proclaims India as a secular, democratic republic, emphasizing the absence of a state religion. In the case of S.R. Bommai v. Union of India, Justice Jeevan Reddy affirmed that religion is a matter of individual faith and should not be conflated with secular practices. It is within the government’s purview to regulate religious practices through the enactment of laws. In India, the concept of positive secularism prevails, distinct from the separation of religion and state adopted by the United States and European countries. This principle establishes a clear demarcation between religion and the state
Conclusion
India is renowned for its vibrant religious and cultural diversity, with multiple religions coexisting and following their own distinct customs, traditions, and personal laws. The introduction of a Uniform Civil Code (UCC) in such a diverse context poses a significant challenge. The UCC aims to replace individual religious laws with a single code applicable to all citizens, potentially jeopardizing the country’s cultural tapestry and encroaching upon religious freedom. A primary concern voiced against UCC is its potential impact on minority communities. Personal laws deeply intertwine with the religious identity and practices of these communities. They argue that imposing a uniform code might dilute the unique rights and protections afforded to minority groups, eroding their cultural autonomy. In a pluralistic society like India, safeguarding minority rights and preserving their distinctive practices is considered essential. It is important to recognize that discussions surrounding the UCC involve complex considerations, such as balancing individual freedoms, promoting gender equality, and respecting cultural and religious diversity. Any proposed implementation of a UCC should carefully address these concerns, ensuring inclusivity, protection of minority rights, and the preservation of India’s diverse cultural heritage.
The writer is a Doctorate in Law and can be reached at [email protected]

Dr Ajaz Afzal Lone