Uniform civil code in India: A constitution imperative or cultural intrusion

Authored By: Sneha Kumari

Amity Law School, Amity University Patna

ABSTRACT

The Uniform Civil Code (UCC) is a proposed reform that seeks to create a common set of laws for matters like marriage, divorce, inheritance, and adoption, applying equally to individuals of all religions to promote uniformity and equality among all citizens.Though mentioned in Article 44 of the Indian Constitution as a directive principle, its implementation remains a subject of debate due to concerns over religious and cultural autonomy. Key judicial decisions such as Shah Bano Begum, Sarla Mudgal and John Vallamattom cases have underscored the inconsistencies in personal laws and emphasized the need for uniformity to uphold constitutional values like equality and justice. Uttarakhand’s recent adoption of a state-level UCC marks a significant step, aiming to eliminate discrimination while safeguarding exceptions for Scheduled Tribes. Advocates argue it fosters national integration and gender justice, while critics fear it may marginalize minority traditions. However, religious freedom under Articles 25 and 26 can coexist with civil reforms, as these rights are subject to public order and constitutional principles. The focus should be on creating inclusive legislation that balances individual rights with cultural diversity.

Key words : uniform civil code, Directive principles of state policy Article 25and 26 , Personal laws

INTRODUCTION

The Uniform Civil Code (UCC) is a proposed legal structure intended to apply uniformly to all Indian citizens, irrespective of their caste, religion, or other social distinctions.The bill aims to standardize the laws relating to marriage, succession, divorce, maintenance, and so on, across the country. The concept of UCC is mentioned under Article 44 ¹of the Directive Principles of State Policy, Part IV of the Indian Constitution; however, this principle is not enforceable or justiciable as it is a directive for future legislation.

WHY UCC IS CONTROVERSIAL?

It has sparked debate due to various reasons such as religious, minority cultural, and political reasons, and many more like minority concerns, as some of minority cultures fear that their culture and practice will be extinct, which will lead to the extinction of their culture and loss of identity after the implementation of Uniform Civil Code.

CAN THE UCC COEXIST WITH RELIGIOUS FREEDOM

As Article 25 & 26 ²states the Right to freedom of religion but is Art 25 and 26 states some exception like the rights is not unlimited it is subject to public order, morality, health & other constitutional rights and Art 26 also state that it should be within the bounds of constitutional value & public interest. So, its coexistence is possible, as in precedent of the Indian court have stated that the personal laws are more civil in nature rather than religious as if it is unified it will not necessarily violate the religious freedom. So, the goal should be providing justice, equality and legal equality in personal matters while continuing to protect religious practices & beliefs.

PROS AND CONS OF UNIFORM CIVIL CODE

Pros: Arguments in Favor Establishment of equality for All citizens. Uniform civil code will ensure that all citizens would be treated equally regardless of the religion, caste or etc.

Promotes Secularism and National Integration – A Uniform Civil Code ensures that the state remain neutral to its citizens by applying same laws to all and having simple set of laws will lead to promote unity.

Cons: Arguments in opposition

1) Fear of Majoritarian Bias and loss of community Autonomy: There is concern that UCC may reflect the majority values, ignoring minority practices. Such move might create resistance rather than unity.

2) Threat to cultural and religious freedom: critiques argue UCC could undermine religious freedom and diversity Uniform laws may override age- old customs of minority groups. Personal laws are often rooted in faith and tradition. A single code might not respect these differences.

SUPREME COURT CASES ADDRESSING THE NEED FOR UCC

Mohd. Ahmed Khan v. Shah Bano Begum 1985³

This pivotal Supreme Court judgment highlighted the importance of implementing a Uniform Civil Code to uphold justice and promote gender equality, particularly in protecting women’s rights. The Court ruled that a divorced Muslim woman was entitled to maintenance under general criminal law, underscoring how personal laws can conflict with constitutional rights.

Sarla Mudgal v. Union of India (1995)⁴

The Supreme Court highlighted the misuse of personal laws where Hindu men converted to Islam to contract multiple marriages. The Court stressed the urgent need for a Uniform Civil Code to prevent such circumvention of laws and protect the sanctity of marriage.

John Vallamattom v. Union of India (2003)⁵

This case addressed the unequal inheritance rights faced by Christians due to certain provisions in the Indian Succession Act.The Supreme Court declared the discriminatory section unconstitutional, reinforcing the call for a Uniform Civil Code to uphold equality across all religious communities.

Shayara Bano v. Union of India, 2017⁶

The apex court ruled that the practice of instant divorce in the form of triple talaq violated fundamental constitutional principles and was therefore legally impermissible. The majority opinion recognized that certain aspects of Muslim personal law were violative of fundamental rights and used the opportunity to again point out the need for a Uniform Civil Code.

Danial Latifi v. Union of India, (2001) ⁷

In response to the controversy that arose after the Shah Bano judgment, this case examined and clarified the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The Court harmonized it with the Constitution by ensuring divorced Muslim women are entitled to fair provision and maintenance. The decision balanced personal laws with constitutional principles.

CASE STUDY OF UTTARAKHAND

Uttarakhand became the first state in independent India to enforce a Uniform Civil Code, which was implemented on January 27, 2025.The law was implemented to remove past discrimination based on caste, creed, religion. The proposed UCC combines all personal laws in Uttarakhand. The legal criteria for marriage will be 18 years for girls and 21 years for boys, who should be of sound mind. Marriage registration will be mandatory for all. The Act is applicable to all individuals living in Uttarakhand, as well as those from other states, apart from Scheduled Tribes and other safeguarded communities.⁸

CASE STUDY OF UTTARAKHAND

CONCLUSION

The Uniform Civil Code, if designed with care, inclusivity, and constitutional balance, can be fully compatible with India’s secular and culturally diverse character. The goal should be to harmonize personal laws to uphold fundamental rights, not to impose uniformity that disregards identity or belief.

REFERENCE(S):

Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 S.C.C. 556 (India).

Sarla Mudgal v. Union of India, (1995) 3 S.C.C. 635 (India).

John Vallamattom v. Union of India, (2003) 6 S.C.C. 611 (India).

India Const. art. 44

India Const. arts. 25–26.

Government of Uttarakhand, Uttarakhand UCC Act, 2025 (Enacted Jan. 27, 2025) (India). Shayara Bano v. Union of India, (2017) 9 S.C.C. 1 (India).

Bluebook citation: Danial Latifi v. Union of India, (2001) 7 S.C.C. 740 (India). ⁸Government of Uttarakhand, Uttarakhand UCC Act, 2025 (Enacted Jan. 27, 2025) (India).