Uniform Civil Code (UCC): Political Will vs Constitutional Practicality
Introduction
The Uniform Civil Code (UCC) refers to the proposal of having a single set of civil laws applicable to all citizens of India, irrespective of religion, particularly in matters of marriage, divorce, inheritance, and adoption. The idea behind the UCC is rooted in the constitutional vision of equality and secularism, yet its implementation remains elusive due to political hesitation, religious sensitivities, and constitutional limitations. The key debate is whether political will can overcome the barriers of constitutional practicality.
Constitutional Foundation of UCC
The Constitution of India speaks of a UCC in Article 44, which is part of the Directive Principles of State Policy (DPSP). It states:
“The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.”
However, DPSPs are not legally enforceable, meaning the government cannot be compelled by courts to implement them. On the other hand, Articles 25-28 guarantee freedom of religion, making any effort to unify personal laws a potential constitutional conflict.
Thus, while the constitutional intention supports UCC for unity and equality, the practical application remains restricted by religious freedoms and political challenges.
Political Will: Intentions and Realities
From the beginning, there has been political interest in implementing the UCC:
- Dr. B.R. Ambedkar, in the Constituent Assembly, supported the idea of UCC but accepted that it should remain voluntary for the time being.
- BJP governments, especially after 2014, have consistently included UCC in their political manifesto as a promise to deliver justice and equality.
- Opposition parties and several minority organizations, however, view this as a move to interfere with religious practices and target minority communities, particularly Muslims.
Often, UCC becomes a political slogan, raised before elections but not followed through, creating a trust deficit among citizens.
Constitutional Practicality: Real Challenges
- Religious and Cultural Diversity
India’s personal laws differ across religions — Hindu law, Muslim law, Christian law, etc. Even within communities, there are region-based customs. A one-size-fits-all law may be seen as erasing cultural identities.
- Fear of Majoritarianism
There is a concern that UCC could become Hindu-centric or reflect the majority’s values, leading to alienation of minorities.
- Lack of Consensus
There is no broad consensus among religious leaders or communities. Implementing UCC without dialogue could disturb social harmony.
- Legal and Judicial Complexities
Although the Supreme Court, in cases like Shah Bano (1985) and Sarla Mudgal (1995), encouraged UCC, it also acknowledged the limitations of legislative power in the face of religious freedoms.
Arguments in Favour of UCC
- Equality before Law:
A UCC will ensure that every citizen, regardless of religion, is governed by the same civil laws, strengthening secularism and legal uniformity. - Gender Justice:
Many personal laws, especially religious ones, discriminate against women in inheritance, divorce, and maintenance. UCC will promote women’s rights and dignity. - National Unity:
A uniform set of laws will help in creating a sense of common citizenship and reducing religious divides in legal matters. - Simplification of Laws:
Having multiple personal laws creates confusion and delays in the judicial system. UCC can bring clarity and efficiency.
Arguments Against UCC
- Religious Autonomy:
Critics argue that UCC interferes with freedom of religion, which includes the right to follow personal laws derived from religious texts. - Cultural Sensitivity:
India is known for its unity in diversity. UCC may be seen as imposing uniformity, threatening regional and cultural identities. - Lack of Representation:
Minority communities fear that the UCC will be drafted without proper representation, leading to biased laws. - Gradual Reform is Better:
Many experts suggest that reforming existing personal laws, instead of enforcing a completely new code, is more acceptable and practical.
Goa: An Example of UCC
The state of Goa is often cited as a model for UCC in India. Goa follows the Portuguese Civil Code, which applies uniformly to all communities. However, it still allows some religion-specific exceptions, meaning it is not a perfect example of full uniformity.
Still, Goa shows that uniform laws are possible, at least in limited and culturally compact areas.
Way Forward: Harmonizing Will and Practicality
- Inclusive Dialogue:
Drafting of UCC should involve consultation with all stakeholders — religious groups, legal experts, women’s organizations, and civil society. - Incremental Reforms:
Rather than sudden imposition, gradual reforms in personal laws can prepare the ground for a future UCC. - Public Awareness:
The government must educate citizens about the true purpose of UCC — equality and justice — to dispel myths and fears. - Pilot Implementation:
Starting with voluntary or regional UCC in certain states can test public acceptance and effectiveness.
Conclusion
The Uniform Civil Code represents an ideal of equality, justice, and national integration. However, implementing it in a country as diverse as India requires more than political intent — it requires constitutional care, social consensus, and cultural sensitivity. Political will must be matched by practical, inclusive policymaking to ensure that UCC does not become a symbol of division, but a pillar of unity in a truly secular democracy.