Uniform Civil Code

 Why is it in the news?

1. Uttarakhand officially implemented the uniform civil code for all residents of the state on 27th January, 2025 except scheduled tribes and natives who have migrated out of the state. Thus, Uttarakhand has become the first Indian State to implement the UCC after independence as mandated by the constitution of India under article 44. Goa already had a common civil code in India. Several BJP ruled states like Haryana, Assam, Madhya Pradesh and Gujarat have constituted committees to enforce uniform civil code in near future. 

2. The Act bans practices like Halala, Iddat and Talaq. It ensures that women are given equal rights in matters related to property and inheritance. 

3. According to the provision of UCC in Uttrakhand, all those people who have got married since March,26,2010, will have to be registered in the government portal within the six months. Marriages that have taken place after the implementation of the law should be registered within 60 days from the date of marriage. Similarly, live-in-relationship established before and after the implementation of UCC will have to be registered within one month from the date of implementation of the UCC.  

4. If the woman becomes pregnant during the live-in, then it is mandatory to inform the government within 30 days of the birth of the child. The UCC also mandates that a landlord cannot deny a house to any couple whose live-in registration is done. Thus, It mandates online registration of marriages, divorces and live-in relationships. A government portal has been formed for this purpose. People can access records, register complaints and also upload their will on the portal.  The government claims that the UCC will bring equality and harmony. It also hopes that the stream of equality emanating from Uttrakhand will irrigate the entire country in the future. 

What is Uniform Civil Code?

1. UCC refers to replacing personal laws based on religious scriptures and customs with a common set of rules governing every citizen. These laws cover marriage, adoption, inheritance, divorce and maintenance governed by respective religious scriptures. 

2.  Under article 44 of our constitution Uniform Civil Code has been put under the directive principle of state policy. The provision states that the state shall endeavour to secure a UCC for all citizens throughout the territory of India. 

3. It is suggested that UCC would lead to equality, gender justice , promote national integration, eliminate complexities of different personal laws and modernise civil laws as per the needs of the contemporary society. 

4. Detractors give the following arguments against UCC : - 

• It would infringe the religious freedom guaranteed by the constitution of India under article 25, whereby every citizen is entitled to propagate, profess and practise his own religion. 

• India has cultural diversity. Different communities have different customs and traditions. Even among tribals, the customs and traditions of North Eastern Tribes are quite different from that of tribals living in Central India. 

• Different religious communities have resisted the implementation of UCC in India, alleging that it would compromise their religious freedom. 

• Political parties except, BJP, dither to implement UCC lest they get alienated from minorities. 

Difference between Uniform Civil Code and Common Civil Code

1. UCC stands for uniform laws for all citizens irrespective of their religious affiliations. It is secular and universal. It is rigid and uniform for all communities.

Common Civil Code on the other hand does not necessarily mandate complete uniformity. 

2. It can allow for some degree of flexibility. It allows diversities while seeking harmony. Thus, it gives special consideration to customs and traditions. 

The present position of UCC in the different countries of the world.

Most of the western countries like the United States, Canada, France, Germany, Australia have UCC. Islamic countries like Turkey, Tunisia, Indonesia, Kazakhstan, Uzbekistan and other Central Asian Republics have adopted UCC. While other Muslim countries have still clung to Sharia laws.  

Historical Background 

The UCC was fairly discussed in the constituent assembly.  No unanimity among its members could be arrived at. Both Jawaharlal Nehru, Dr. Ambedkar, K M Munshi and women members were in favour of the binding implementation of UCC but the Muslim and Christian members vehemently protested against making UCC as enforceable by law.  Thus, a compromise was arrived at for want of consensus and it was put under Directive Principle of State Policy under article 44. 

Why has the uniform civil code not been implemented in India despite a constitutional mandate?

1. The fear of losing religious identity among minorities.

2. Political parties refrained from implementing UCC due to fear of backlash from minorities during the election.

3. Apprehension of social unrest by minorities.

4. Lack of consensus among majority and minority communities. 

5. Lack of awareness with regard to UCC.

6. Diversity and plurality of Indian society makes the UCC unfeasible. 

7. Encroachment upon the right to minorities under article 29 and 30 of our constitution.

The Way out 

UCC can be implemented by making consensus among all stakeholders. It requires gradual rather than drastic implementations. Moreover, citizens should be educated with regard to the benefits of the UCC. But the customs and traditions of tribal and other vulnerable communities must not be interfered with through the UCC.