Introduction

India is renowned for its ability to maintain its unity despite its diversity. This is a source of pride
for us, but what about the diversity of applicable law? That has become a contentious issue since
the first petition, filed in 2019 to seek the establishment of a Uniform Civil Code (UCC) in order to
advance national integration and gender justice, equality, and the dignity of women. The concept of
UCC will eliminate conflicting personal and religious laws, bringing all citizens under one law
regardless of religion or gender. The applicability of UCC is found in Article 44 of the Constitution,
which states that “The State shall endeavour to ensure for its citizens a uniform civil code
throughout the territory of India.” The article is located in Part IV of the Constitution, which is
dedicated to Directive Principles of State Policy (DPSPs). The UCC is inapplicable even when our
constitution implies its application. This is because Article 37 of the Constitution expressly states
that the (DPSP) Directive Principles of State Policy “shall not be enforceable by any court” but are
“fundamental to the country’s governance.” It’s almost like a form of advice to the country.

Uniform Civil Code is a separate set of rules that primarily covers the personal matters of Indian
people without prejudice or regard for religion in order to safeguard the fundamental rights and
Constitutional rights of Indian citizens. DPSPs are the guiding principles around which the state
bases its policymaking for the benefit of its citizens. These DPSPs serve as a guide for the state and
must be considered when enacting new legislation, but a citizen cannot compel the state to obey
DPSPs. In this article, we will attempt to understand why India requires the UCC in the current
environment.

Diversity in India has multiple ethnicities, multiple religions. In India we can find people from all the cultural
backgrounds who follow different practices. This diversity is also reflected in our laws; we have a legal system
based on personal laws that are made keeping religion into consideration. The article 25 of the Indian
constitutions define India as a secular nation and the values of secularism are enshrined in that article and it
states that everyone shall be allowed to follow their religion and no one shall be discriminated on any grounds.

The article 44 of the Directive principle state policy state that it is the duty of the state to secure a Uniform Civil
Code for the citizens throughout the country. One country, one rule is another name for it. The main objective
behind implementation of a uniform Civil code in India is that it sets a law to govern the personal matters of all
the citizens irrespective of religion. Personal laws are different from public laws as they cover marriage,
inheritance, adoption, divorce and maintenance and the India practices a model of secularism in which it has
made special provisions for people of different religions and the main idea behind Uniform Civil Code is to treat
everyone equally irrespective of religion.

Now the problem exists in the fact that there are differences and discrepancies within the personal laws. There is
no uniformity. Also, there has been instances where the personal laws denied the rights of women or did not
even give them rights. To counter these shortcomings, the Uniform Civil Code can be enacted.

The Uniform Civil Code means a uniform personal law for all citizens of the country. This code will replace the
existing religious personal laws in India and have a uniform law that will cater to all the citizens, irrespective of
their religion. This has been envisaged by the makers of our Constitution under Article 44. But it has been
strongly opposed because it is considered violative of Article 25 of the Constitution since it does not let people
enjoy the personal laws.

This research paper is going to focus upon how a Uniform Civil Code is going to ensure equality among all the
people on all the grounds and will also deal with the cons of implementation of uniform civil code in India that
can it result in a chance of disintegration of the nation because of the demand for personal laws. This paper will
also discuss what is the relationship between uniform civil code and secularism and evaluating all the points it is
going to analyze if the implementation of uniform civil code in India a good idea

HISTORY
Though the concept of UCC has gained prominence recently, it has been discussed for a long period
of time, most notably post-independence, because the British colonists always adopted a divide and
rule tactic. This may be observed in The Lex Loci Report of October 1840, which emphasised the
importance of keeping concepts such as UCC outside. Additionally, the Queen’s 1859 Proclamation
vowed to abstain from interfering in religious affairs. However, this was not consistent with the
point of view of India’s well-wishers, since notable leaders such as Jawaharlal Nehru and Dr B.R
Ambedkar fought for a uniform civil code during the constitution’s drafting process following
independence. However, to avoid resistance from religious fundamentalists and a general lack of
knowledge on the subject at the time, they included the UCC in the Directive Principles of State
Policy

Several significant reforms, in fact, contributed to the promotion of UCC: the Hindu code bill to
reform Hindu laws; the amendment to the Hindu Succession Act 1956 on September 9 to provide
daughters with inheritance rights; the Hindu Marriage Act, Minority and Guardianship Act,
Adoptions and Maintenance Act; and the Special Marriage Act for civil marriages outside of any
religious personal law.

MEANING:

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.

Objective

1. To find out if implementation of a Uniform Civil Code be beneficial for India

2. To know about the problems and challenges in implementation of Uniform Civil Code
3. To find the relationship between universal civil code and secularism
4. To understand Indian model of secularism and western model of secularism

The need for Uniform Civil Code

After understanding the concept and background of UCC we will look at its need in India for the
present scenario.
To address the gender disparity produced by specific religious laws
India has a history of severely patriarchal and misogynistic traditions perpetuated by society and
ancient religious norms that continue to dominate family life. These subject all Indian women to
subjugation and cruelty. One such example is that men are typically accorded superior special
status in succession and inheritance affairs. Additionally, the UCC will eliminate these disparities
and contribute to the improvement of women’s conditions in India.

To address personal laws that constitute a loophole in the legal system

India faces a serious problem with personal laws due to their bias toward the upper-class
patriarchal conceptions of society in all religions. As may be seen, panchayats continue to issue
verdicts that violate our constitution, and no action is taken. Human rights are abused throughout
our country through honour killings and female foeticide. By legalising personal laws, we’ve
established a parallel court system based on thousands of ancient values. By eliminating all
loopholes, the universal civil code would tip the balance in favour of society.

To aid in the integration of India

A uniform civil code will contribute more to India’s integration than at any point since
independence. Much of the resentment stems from some religious sects receiving preferential
status under the law, which may be eliminated with a consistent civil code. It will contribute to the
unification of all Indians, regardless of caste, religion, or tribe, under a single national civil code of
conduct similar to that found in criminal and other civil laws.

To ensure that all citizens have an equal status

While Muslims are permitted to marry many times in India, a Hindu or a Christian will face
prosecution for doing the same. Similarly, there are significant disparities between many religious
related
regulations. Equal laws in the areas of marriage, inheritance, family, and land are required.
Here UCC serves as a saviour, bringing everything under one roof and assisting not only in ensuring
greater equity but also in streamlining the legislative and judicial processes.

To deal with vote bank politics

The concept of a uniform civil code will also aid in reducing vote bank politics, which is practised by
most political parties during every election. If all religions are subject to the same laws, there will
be no room for politicising issues of discrimination, concessions, or special privileges enjoyed by a
particular community on the basis of their religious personal laws.

To promote secularism
As we all know, secularism is a critical aspect of our nation, as reflected in our constitution’s
preamble. At the moment, we practise selective secularism, which means that we are secular in
some areas but not in others. A Uniform Civil Code requires all citizens of India to adhere to the
same set of laws, regardless of whether they follow Hinduism, Islam, Christianity or Sikhism. A
Uniform Civil Code does not mean that people’s freedom of religion will be restricted; it simply
means that everyone will be treated equally. That is authentic secularism. Additionally, as
previously stated, in modern classification laws and religion are two distinct concepts, and thus
entwining them will result in social disruption and inequality.

To meet the aspirations of the youth

With 55 percent of the population under the age of 25, India is emerging as an entirely different
society. These individuals will be future India, and moulding them in an environment that is equal
for everyone is essential for India. They are shaped by universal and global principles of equality,
humanism, and modernism in their social attitudes and goals. Their concept of the surrender of
identity-based on religion must be taken seriously if they are to fully contribute to national
progress. Having a Uniform Civil Code allows children to understand the rules and respect the
principle of equality in a better manner.

To keep pace with global progress

A Uniform Civil Code has become the hallmark of a modern progressive nation’s legal structure. It
demonstrates the nation’s transition away from caste and religious politics. While our economic
growth has been the fastest in the world, our social development has been non-existent. Indeed, it
is possible to argue that we have degraded socially and culturally to the point where we are neither
modern nor traditional. A unified civil code will aid in the advancement of society and help India
achieve its goal of becoming a developed nation.

Indian Judiciary’s take on the need for Uniform Civil

Code
Over time, there have been numerous judgements ruled by the Supreme court of India where it
directly or indirectly recommends Uniform Civil Code

Shah Bano case-

The Supreme Court’s decision in this case is regarded as a major milestone in highlighting the
importance of UCC. The case concerned women seeking maintenance after being divorced under
triple talaq. The women won in all lower courts, so the husband filed an appeal to the Supreme
Court, which was dismissed because the Supreme Court ruled in favour of the wife as per the All
India Criminal Code’s “maintenance of wives, children, and parents” provision (Section 125). In
addition, the court recommended that a uniform civil code be established.
However, widespread agitation was carried out due to religious sentiments attached to the law, and
as an outcome, the then-government, under pressure, passed the Muslim Women’s (Right to
Protection on Divorce) Act (MWA) in 1986, rendering Section 125 of the Criminal Procedure Code
inapplicable to Muslim women. As a result, the court was correct in emphasising the importance of
UCC for having a common basis for jurisdiction.

Sarla Mudgal Case

In this case, relating to the issue for solemnizing of a second marriage by a Hindu spouse after
converting to Islam. The court determined that a Hindu marriage solemnised in accordance with
Hindu law may be dissolved only on one of the reasons listed in the Hindu Marriage Act 1955.
Conversion to Islam and subsequent marriage would not automatically dissolve the Hindu marriage
under the act, and therefore, a second marriage solemnised after conversion to Islam would
constitute an offence under Section 494 of the Indian Penal Code (IPC). This made a need of UCC
as it creates an ambiguous policy of marriage due to discrepancies between religious laws.

John Vallamattom Case

The case in which Section 118 of the Indian Succession Act was declared unconstitutional after
John Vallamattom challenged it on the grounds that it discriminated against Christians by imposing
unreasonable restrictions on their willed gifts for religious or charitable purposes. This
demonstrated the inconsistencies under religious laws.

Daniel Latifi Case

This case demonstrates how universally applicable law should prevail over unjust religious laws. In
this case, Muslim Women’s Act (MWA) was challenged for violation of Articles 14,15 & 21 of the
Constitution. The primary point of contention was the amount paid throughout the iddat period.
The Supreme Court upheld the act’s constitutionality but interpreted it in accordance with Section
125 of the CrPC, holding that the amount received by a wife during the iddat period should be
sufficient to support her during the iddat period as well as for the remainder of her life or until she
remarries.

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.

Uniform Civil Code And It’s Impact On Muslim Personal Law

In the present era, the implementation of the Uniform Civil Code is one of the most
controversial issues which has been witnessed by the country. The Muslims are opposing
the implementation of the Uniform Civil Code to a large extent. However, there is a lot of
Muslim women groups who are supporting the implementation of the Uniform Civil Code.
With the coming of the Uniform Civil Code, thMuslim personal law would undergo a
drastic change. Here are some of the things prevalent among Indian Muslims due to the
personal law that would change with the implementation of the UCC.

The Triple Talaq

Divorce under Muslim law has always been a primary concern. There has been a great
uproar and protest among the various religious groups to abolish the practice of triple
talaq which is being considered to be a customary practice under the Muslim personal
law. Many Indians believe this practice to be unjust and against the principle of equality.

This practice gives the power to the man to divorce his wife just by uttering the word
talaq thrice. As a result of this practice, the number of divorce cases among the Muslims
has increased, which has eventually caused this practice to be an issue of significant
concern. This custom is considered to be against women and therefore it is being
suggested by various activists and women groups that this practice is abolished. This
custom is against legal principles and immoral in nature, anything against the
constitutional principle would not and should not be considered a valid law or practice, be
it a customary practice or a regular practice.

Uniform Civil Code and the Triple Talaq

With the introduction of the Uniform Civil Code, the practice of triple talaq would be
abolished, and the dissolution of every marriage would take place through court
proceedings. The petitions for separation filed in the court would deter Muslim men and
women from remarriage as a second marriage is socially considered to be a taboo in
India. The abolition of this practice of Triple Talaq would affect the Muslim personal law
significantly and hence the opposition by the Muslims against the Implementation of the
Uniform Civil Code.

Abolition of Polygamy
Polygamy is a very widespread practice under the Muslim law.  Many celebrities have
converted to Islam in India to marry more than one woman. One of the major changes
which the Muslim law would undergo with the coming of the Uniform Civil Code is that it
would lead to the abolition of the practice of polygamy. Polygamy as a practice is
generally considered to be a social evil in India. Abolition of such a practice would be a
positive betterment to society.

Women being exploited and abused by the husband is one of the major drawbacks of this
practice. Another major issue of concern for the Muslims is that on the abolition of this
practice the Hindu Law would be imposed upon them.  However, it has been stated by
[1]

Atal Bihari Vajpayee that the coming up of Uniform Civil Code would not impose Hindu
law on any religion. On the contrary, the Uniform Civil Code would contain the essentials
of all the religions.

Maintenance
With the advent of the ancient Muslim laws, maintenance has been a matter of primary
concern for the spouses. Under the Muslim law, Muslim women can claim maintenance
under the Muslim Women Protection Act 1986. However, a question of major concern was
that whether Muslim women can claim maintenance under the code of criminal
procedure. The case of Shah Bano Begum  has been considered the landmark judgment
[2]

in consideration to this question. The court held that a Muslim woman who has been
divorced by her husband is entitled to maintenance by her husband under section 125  of [3]

the CRPC. However, she had the right to claim maintenance not only during the iddat
period but also after the completion of the iddat period. However, in the case of
Denial Latifi Vs. Union of India  the court held that the provision regarding maintenance
[4]

should be fair and reasonable and the constitutional validity of the Muslim Women’s
Protection Act, 1986 was also upheld in this case.

Uniform Civil Code and Maintenance 

The impact of Uniform Civil Code would lead to a positive influence on the Muslim
personal law. It would allow the Muslim women to claim maintenance for her lifetime.
However, this issue is facing opposition and uproar by the Muslims on the ground that it
would affect their personal law and the Hindu law would supersede over their personal
law if the Uniform civil code comes into force. However, it has already been portrayed
that the Uniform Civil Code is a secular legislation in nature and it would not affect the
personal law of any religion to any extent.

Adoption
Adoption is being considered to be one of the major issues existing in the country. The
personal law of no other religion allows the couples to follow the practice of adoption
except the Hindu law. The procedure relating to adoption under the Hindu law is
governed by the Hindu Adoption and Maintenance Act, 1956.  As a statutory provision,
[5]

the Muslim personal law does not allow the practice of adoption. The Muslim couples
cannot legally claim to be the parents of the adoptive child. The implementation of
Uniform Civil Code for governing the laws relating to adoption would lead to considerable
and drastic changes under the Muslim personal law.

One of the most significant changes which would occur if the Uniform Civil Code comes
into force is that the Guardianship and Wards Act, 1890 would be abolished. This would
lead to major changes in the law of adoption, such as:

1. A Muslim woman would be allowed to take a child in adoption.

2. The couples can legally claim the status to be the adoptive parents of the child
who is being adopted by them.
3. On adoption, the child is entitled to all the rights given to the natural person.
4. After being taken into adoption by the adoptive parents, a child breaks all the
ties from the family in which he was born, and he becomes entitled to inherit the
property of his adoptive father as being a natural child.

Succession and Inheritance

Succession and inheritance are a matter of prime concern among the issues that are
existing under the law. The provisions regarding succession and inheritance differ from
one another. Under the Muslim law in the case of intestate inheritance, the sons will
receive a share as equal to the shares of two daughters. The mother of the children
would be entitled to one-sixth share in the property of the deceased husband. Under the
Muslim law, the mother has the right to claim maintenance from her child in the where
case she is unable to maintain herself. Under the Muslim law, the illegitimate child
legitimate to a share in the property of the father. However, under the Sunni law, an
illegitimate child is entitled to a share in the property from his mother’s side, though,
Shia law does not permit a share in the property of any of the parent by the child. Under
the Hindu Succession Act, the rules regarding the succession are being stated in a
different manner. They are being grouped into various classes of heirs, and there are
changes which affect the working of the law to a great extent.

Uniform Civil Code and Succession and Inheritance 

The implementation of Uniform Civil Code would lead to drastic changes in the Muslim
law, like:

1. It would result in a codified law enforced in the context of rules of inheritance

and succession.
 2. A stable structure of share would be established to govern the sharing
procedure.
3. Illegitimate children and adoptive children would also be to a share in the
father’s property.
 

Marriage, no more a contractual obligation

Muslim marriages are considered to be a contractual obligation for the parties r.Under the
Muslim personal law, marriage is being solemnised between the two parties, only when
there is a proposal being made by one party and the same is being accepted by the
other. Marriages, under the Muslim personal law, takes place by a contract being entered
between the parties. The implementation of the Uniform Civil Code would render this
practice of marriage being a contract to be abolished.

 Registration of marriage compulsory

One of the significant changes which to be witnessed with the implementation of the
Uniform Civil Code would be the fact that the registration of marriage would be made
compulsory. With the implementation of the Uniform Civil code, it would be an obligation
for the parties to the marriage to get their marriage registered in the register. This would
further facilitate the authenticity of the wedding and would act as a shred of evidence for
the solemnization of marriage between the parties.

 Abolition of practice of iddat

One of the significant changes which the Muslim personal law would undergo with the
coming up of Uniform Civil Code is the fact that the Uniform Civil Code would lead to the
abolition of the practice of iddat. Iddat under the Muslim law is a practice which is being
performed by the Muslim women as a result of divorce from her husband or the death of
her husband. A uniform code for governing the civil laws would automatically lead to the
abolition of the practice of iddat.

 Secularism vs. Religious Conflict

The Uniform Civil Code is being considered to be the need of the hour. After India had
become independent from the British rule, the parliament stressed upon the necessity of
a standard code to be established for governing the secular matters which include
marriage, divorce, inheritance and succession with a view of bringing national integrity
and unity among the diverse religious groups which are existing in the country. The
implementation of Uniform Civil Code has been opposed by the Muslims on the ground
that it would violate the provisions of their personal law and would also violate the right
of the minorities to practice and profess any religion. The main aim of the Uniform Civil
Code is to bring about national integrity without violating the rights of the citizens of
India. Article 44 of the Constitution of India states that the state shall endeavour to
secure for its citizens a uniform civil code throughout the territory of India. It has been
said that under the ambit of Uniform Civil Code, the state shall not interfere with the
individual rights of the citizens of the country.
Conclusion
India is “Socialist, Secular, Democratic, Republic”. Diversity is the essence of India, but diversity in
law is unjust. As the UCC would establish several laws to regulate individual situations affecting all
people regardless of faith, this is both necessary and the cornerstone of genuine secularism. This
dynamic shift would not only assist in ending gender-based oppression but would also strengthen
the nation’s mainstream fabric and advance unity. There is a need to alter our social framework,
which is rife with inequalities, divisions, and other factors that conflict with our Fundamental Rights.
With the passage of time, the necessity for a UCC for all citizens, regardless of religion, has arisen,
ensuring the protection of their critical and constitutional rights. Finally, the lack of a standard civil
code is damaging to the aim of achieving true democracy, and this must change.