Introduction

The Uniform Civil Code (UCC), mentioned under Article 44 of the Directive Principles of State Policy, aims to replace personal laws based on religion with a common set of laws for marriage, divorce, inheritance, and adoption. The debate reflects the tension between ensuring equality before law and protecting India’s cultural diversity.

Arguments for UCC in India (Equality)

• Gender Justice: UCC ensures equal rights for women in inheritance, divorce, and maintenance, removing discriminatory practices like triple talaq.
• National Integration: One common law for all fosters unity and reduces communal divisions.
• Modernization of Laws: Helps India move towards a progressive legal framework suitable for a secular democracy.
• Judicial Support: The Supreme Court has repeatedly stressed the need for UCC in cases like Shah Bano (1985) and Sarla Mudgal (1995).

 

Arguments against UCC (Diversity)

• Cultural Sensitivity: India’s pluralism is its strength; imposing one law may hurt religious sentiments.
• Minority Rights: Communities fear erosion of their traditions and constitutional freedom under Articles 25–28.
• Implementation Challenges: Uniformity in such a vast and diverse nation is difficult; even states differ in civil laws. For example, Goa follows a Portuguese Civil Code. Nagaland and Mizoram enjoy special protections under Article 371A and 371G, preserving customary laws.

 

Recent Developments

In 2023, the Law Commission sought public opinion on UCC. States like Uttarakhand passed a UCC bill in 2024, setting an example. However, nationwide consensus is still elusive.

Way Forward

A gradual, consultative approach is essential. Instead of a rigid law, India could first ensure gender-just reforms within personal laws and move step by step toward uniformity.

Conclusion

The UCC debate is a balance between equality and diversity. While equality demands uniform rights, diversity calls for sensitivity. The path forward lies in harmonizing both, ensuring justice without diluting India’s plural fabric.