Navigating The Uniform Civil Code Discourse: Juggling Diversity and Equality in Contemporary India

NAVIGATING THE UNIFORM CIVIL CODE DISCOURSE: JUGGLING
DIVERSITY AND EQUALITY IN CONTEMPORARY INDIA
INTRODUCTION
Within the ever-changing and dynamic field of contemporary legal discourse, the need for the
UCC has emerged as a contentious issue. The ever-evolving topic has taken a usurpe in the
present dilemma when the Uttarakhand Legislative Assembly passed the UCC Bill on 7th
February 2024, therefore, highlighting the urgency to implement the law nationwide to better
governance of marriage-related aspects in a unified and simplified way.1
A RETROSPECTIVE OF THE UNIFORM CIVIL CODE
The debate around the UCC is not unfamiliar to Indian society, as its first debate arose when
the Constituent Assembly was formed in 1948. It gave a thought that the UCC is the need of
the hour to govern various religious minorities in the same and specified way as in the case of
other civil laws ( Civil Procedure Code2, Transfer of Property3 & etc) to bring every person
on equal footing in terms of matters related to marriage, inheritance, divorce and other related
aspects. This idea is similar to Voltaire's thesis in "Treatise on Tolerance," where he highlights
that everyone's right to practise their own beliefs in a state with sound laws should be upheld
as long as it doesn't hurt other people. Enforcing legal uniformity rather than cultural or
religious conformity is the goal of the implementation of UCC in India. An attempt is being
made to strike a balance between the need to protect equal legal rights for all people and the
freedom of individuals to practise their personal beliefs.
Various thoughts and opinions were given regarding the implementation of the concept of
UCC but did not gain any major success at that time as it was questioned on the ground that
the nation has a multicultural and unique identity in the world and modifying it would
hamper the diversity of the nation. Another reason for its non-implementation was an issue
regarding the acceptance of the new personal civil law by the citizens of the state. 4
1
Ishita Mishra, Uttarakhand Assembly ‘creates’ history by passing Uniform Civil Coe: Pushkar Dhami, The Hindu
(New Delhi, 7th Feb 2024) < https://www.thehindu.com/news/national/uttarakhand-assembly-passed-the-
uniform-civil-code-bill/article67821740.ece> (Last accessed on 4th September)
2
Civil Procedure Code 1908, (Act 5 of 1908)
3
The Transfer of Property Act, 1882 (Act 4 of 1882)
4
Ramesh Sharma, What framers of our Constitution said about UCC and why they didn't implement it, India
Today (New Delhi, 31st July 2023) < https://www.indiatoday.in/nation/story/uniform-civil-code-what-farmers-
of-our-constitution-said-about-ucc-constituent-assembly-debates-2402758-2023-07-07> (Last Visited on 4th
September)
UNDERSTANDING THE BASIC CONCEPTS OF UNIFORM CIVIL CODE
Before venturing into the concept of UCC we need to understand what is UCC. As to Article
44 of the Indian Constitution5, "The State shall endeavour to ensure that the citizens have a
consistent civil code across the entire territory of India" Almost every aspect of UCC falls
within the ambit of Entry No. 5 of the Indian Constitution both the centre and the state have
the power to modify the UCC concept.
BENEFITS OF THE IMPLEMENTATION OF UNIFORM CIVIL CODE
The implementation of the UCC is the need of the hour at present also as the women are
facing various atrocities and challenges in marriage in different religions. E.g. A Muslim
woman is only entitled to receive half remittance in respect of the husband, in Hindu law
there are problems with the remarriage of the widows and the daughters are not given equal
property share in their father's property even after the 2005 amendment and Similarly,
Christian women, under the Indian Succession Act 6, inherit only one-third of the property,
although sons and daughters share their parents' property equally. This shows the
discrimination carried out against women on a large scale.
The second reason which can be attributed to the implementation is for the unity and integrity
of the nation as the various religious groups will be governed by one single law in matters
related to marriage that will help the nation to foster and develop a sense of unity and
belongingness among the people. E.g. As it was mentioned in the manifesto of the 2019
Narendra Modi BJP-led government it will make every probable effort to implement UCC
throughout India to bring a sense of unity and belonging among citizens by establishing a
common set of laws that transcends religious boundaries. Another alluring effect can be that it
helps to scale down the policy of divide and rule of political leaders in the name of religion
which in turn will help to establish a government aimed at better governance.
CONSTITUTIONAL PERSPECTIVE REGARDING UNIFORM CIVIL CODE
Referring to the first issue regarding the implementation of UCC is gender-based and in
favour of the male community. It has been specially mentioned in the Constitution that
everyone has equal rights regardless of their gender. One of these notable articles is article
147 which states "Equality before the law and in the present scenario, the women in the
5
Constitution of India 1950, art 44
6
The Indian Succession Act, 1925, (Act 39 of 1925)
7
society are being deprived of their equal rights in terms of divorce, inheritance and other
related aspects. Another worth mentioning Article is Article 15 8 of the Indian constitution
which states the Prohibition of discrimination on grounds of religion, race, caste, sex or place
of birth. In this case, there has been discrimination based on the sex with women. Women
may also file appeals to the Supreme Court to defend their fundamental rights to equality and
liberty in situations where personal laws negatively impact them due to the absence of a
UCC. To advance gender justice, equality, and women's dignity, the UCC can endeavour to
remove the intrinsic gender prejudice found in personal laws.
Another engrossing part is that Article 139 of the Indian Constitution applies to laws that were
in effect before the Constitution came into being. It states that any laws that violate the
fundamental rights provisions are void. It clearly shows the intention of the framers of the
Constitution to nullify any law which violates any one fundamental right irrespective of
gender.
A society can only develop holistically when the advancement of gender equality and unity of
the nation serves as a primary justification for it.
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NAVIGATING THE UNIFORM CIVIL CODE DISCOURSE: JUGGLING

DIVERSITY AND EQUALITY IN CONTEMPORARY INDIA

A RETROSPECTIVE OF THE UNIFORM CIVIL CODE

BENEFITS OF THE IMPLEMENTATION OF UNIFORM CIVIL CODE

CONSTITUTIONAL PERSPECTIVE REGARDING UNIFORM CIVIL CODE

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