Uniform Civil Code (UCC): Balancing Equality and Religious Freedom
The idea of the Uniform Civil Code (UCC) has been part of India’s legal and political debate for many years. It refers to having one common set of laws for all Indian citizens in matters like marriage, divorce, inheritance, and adoption, regardless of their religion. Right now, different communities in India follow their own personal laws based on religious texts and customs.
The Indian Constitution talks about the UCC in Article 44, which is under the Directive Principlesof State Policy. It says the State should try to secure a uniform civil code for all citizens across thecountry. However, this article is not enforceable in court, and that’s why it has remained more ofan idea than a reality so far. The aim of UCC is to promote equality, especially for women, who often face discrimination underpersonal laws. But at the same time, it raises questions about religious freedom, because many communities believe that personal laws are an important part of their faith and culture. So, the real challenge is to find a balance between equality and religious rights.
Background and Historical Context
The concept of having a common civil code is not new. During British rule, India had separatelaws for different religious communities in personal matters. The British didn’t interfere much with these laws to avoid upsetting people. After India became independent, Dr. B.R. Ambedkar, who was the chairman of the Constitution drafting committee, supported the idea of UCC. However, due to opposition from various communities, the idea was not implemented immediately. Instead, some reforms were made in Hindu personal laws in the 1950s, such as the Hindu Marriage Act and Hindu Succession Act, which brought many changes for Hindu men and women. But similar reforms were not made in other personal laws. Over time, this created differences in how people from different religions are treated under the law. For example, under some interpretations of Muslim personal law, a man can divorce his wife by saying “talaq” three times. This practice, known as triple talaq, was challenged in court, and in 2017, the Supreme Court declared it unconstitutional. This judgment showed how some personal laws can go against the principles of equality.
Why UCC is Needed ?
One of the main reasons people support the UCC is because it can bring gender justice and equality. In many personal laws, especially those based on religious customs, **women do not have equal rights**. For example, in inheritance laws or divorce, women from some communities get fewer rights than men. A uniform civil code would ensure that all citizens are treated equally, regardless of their religion. It would give equal rights to men and women in matters of marriage, divorce, adoption, and property. This would help in building a more just society. UCC can also promote national unity. Right now, the fact that people are governed by different laws depending on their religion can create a sense of separation. A common law for everyone can help all citizens feel equal and united under the same system. In addition, India has signed various international agreements, like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which say that countries should work towards removing discrimination. Implementing UCC would help India fulfil such commitments.
Concerns and Opposition to UCC
Even though the goals of UCC are good, many people and communities are worried about it. The biggest concern is that it might interfere with religious freedom, which is guaranteed under Article 25 of the Constitution. People fear that forcing a common law on everyone may destroy their traditions and religious customs. For many communities, personal laws are not just legal rules—they are also a part of their religious and cultural identity. So, any change in these laws is seen as an attack on their way of life. This fear is stronger among minority communities, who worry that UCC may be based on the practices of the majority, especially the Hindu community. Another issue is that India is a very diverse country, with many religions, languages, and traditions. Bringing one uniform law for all people may not be easy or practical. Critics say that instead of one law for all, we should reform personal lawsin a way that ensures equality while respecting religious freedom.
Court Decisions and Present Situation
The Indian courts have supported the idea of UCC in many judgments. In the Shah Bano case (1985), the Supreme Court said that a uniform civil code is needed to protect the rights of Muslim women. But after protests, the government passed a law to overturn the judgment. In the Sarla Mudgal case (1995), the Court again said that UCC is necessary to prevent misuse of personal laws. And in the Jose Paulo Coutinho case (2019), the Court appreciated the state of Goa, which already follows a common civil code, and said other states can learn from it. Recently, states like Uttarakhand and Gujarat have started discussing UCC at the state level. In 2024, Uttarakhand passed a Uniform Civil Code Bill, becoming the first Indian state to take such a step. This has again brought the topic into the national spotlight.
How to Move Forward: A Balanced Approach
To make UCC successful, the government should not force it suddenly. Instead, it should start a conversation with all communities, religious leaders, legal experts, and social groups. People need to feel heard and respected. Rather than taking away personal laws completely, the government can first bring reforms to remove unfair practices, especially those that affect women. Slowly, over time, people may start accepting the idea of a common civil code if they see that it helps in creating fairness. Education and public awareness are also important. Many people fear UCC because they don’t fully understand it. If the government explains clearly that UCC is about equality and justice, not about attacking any religion, it can help reduce fear and resistance. Another idea is to offer choices. For example, people could be given the option to register their marriage or adoption under a secular law if they want to, while still keeping personal laws for others. This way, change happens gradually, and people don’t feel forced.
Conclusion
The Uniform Civil Code is not just a legal issue—it is also a social and emotional issue in India. On one hand, it promises to bring equality, especially for women. On the other hand, it touches on deeply personal matters like religion and culture.India is a country that celebrates unity in diversity. To truly bring a UCC that works for everyone, the government must take a balanced, careful, and respectful approach. The goal should not be to impose one way of life but to ensure fairness and equal rights for all citizens. If done in the right spirit—with honesty, patience, and inclusion—the UCC can become a tool for justice and national unity, and not a cause of division. It’s a long journey, but one that is worth taking for the future of a fair and equal India.