Uniform Civil Code: Difference between revisions

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{{Family law|all}}

The '''Uniform Civil Code''' is a proposal in India to formulate and implement [[personal law]]s of citizens which apply onequally to all citizens equally, regardless of their religion. Currently, personal laws of variousminority religious communities are governed by their religious scriptures.<ref name="HTMAR21"/> [[Personal law]]slaws cover marriage, divorce, inheritance, adoption and [[alimony|maintenance]]. While articles 25-28 of the [[Constitution of India|Indian Constitution]] guarantee [[Freedom of religion in India|religious freedom]] to Indian citizens and allow religious groups to maintain their own affairs, article 44 expects the Indian state to apply [[Directive Principles|directive principles]] and common law foruniformly to all Indian citizens whilewhen formulating national policies.<ref name="Blueprint for scholarly discourse">{{Cite book|author1=Shimon Shetreet|author2=Hiram E. Chodosh|title=Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse|url=https://books.google.com/books?id=y-pIDwAAQBAJ&pg=PT4|publisher=Oxford University Press|isbn=978-0-19-807712-1|date=December 2014|access-date=2020-08-22}}</ref><ref>{{CitePage webneeded|titledate=ArticleJuly 44 in the Constitution of India 1949|url=https://indiankanoon.org/doc/1406604/ |website=Indian Kanoon |access-date=2020-08-222025}}</ref>

Personal laws were first framed during the [[British Raj]], mainly for Hindu and Muslim citizenssubjects. The British feared opposition from community leaders and refrained from further interfering within this [[Separate spheres|domestic sphere]].{{Citation needed|date=July 2025}} The Indian state of [[Goa]] was separated from [[British Raj|British India]] during the colonial rule in the erstwhile [[Portuguese Goa and Damaon|Portuguese Goa and Daman]], retained a common family law known as the [[Goa civil code]] and thus was the only state in India with a uniform civil code prior to 2024. Following India's independence, [[Hindu code bills]] were introduced which largely codified and reformed personal laws in various sects among [[Indian religions]] like [[Buddhism|Buddhists]], [[Hindus]], [[Jains]] and [[Sikhs]] but they exempted [[Christians]], [[Jews]], [[Muslims]] and [[Parsis]].<ref name="Rina Wiiliams">{{Cite book|author=Rina Verma Williams|title=Postcolonial Politics and Personal Laws|pages=18, 28, 106, 107, 119|publisher=[[Oxford University Press]]|isbn=0-19-568014-6|date=2006}}</ref><ref name="The Wire UCC gender justice">{{cite news |last1=Dasgupta |first1=Sravasti |title=BJP Equates UCC With Gender Justice. But Can It End Discrimination In-Built in Personal Laws? |url=https://thewire.in/women/bjp-ucc-with-gender-justice-discrimination-personal-laws |access-date=6 July 2023 |work=[[The Wire (India)|The Wire]] |date=6 July 2023 |___location=New Delhi |language=en}}</ref>

UCC emerged as a crucial topic of interest in Indian politics following the [[Shah Bano case]] in 1985. The debate arose on the question of making certain laws applicable to all citizens without abridging the fundamental right to practice religious functions. The debate then focused on the [[Muslim Personalpersonal Lawlaw]], which is partially based on the [[Sharia|Sharia law]], permitting [[Divorce in Islam|unilateral divorce]], [[polygamy]] and putting it among the [[Muslim personal law in India|legally applying the Sharia law]]. A UCC bill was proposed twice, in November 2019 and March 2020 but was withdrawn both the times without introduction in the parliament. The bill is reported to be under discussion between the [[BJP]] and the [[Rashtriya Swayamsevak Sangh]] (RSS).<ref name="Ramchandran"/> Many opposition parties and BJP's allies from the [[National Democratic Alliance]] (NDA) have opposed the Uniform Civil Code, especially from [[Northeast India]], claiming that it will go against the "idea of India" and will end special privileges of tribal communities after renewed calls by Prime Minister [[Narendra Modi]] in June 2023 about implementing a UCC.<ref name="scroll.in NDA partners oppose UCC">{{cite news |last1=Dasgupta |first1=Sravasti |title=NDA Partners from Northeast Oppose BJP's Push for Uniform Civil Code |url=https://thewire.in/politics/nda-partners-in-northeast-oppose-bjps-push-for-uniform-civil-code |access-date=6 July 2023 |work=[[The Wire (India)|The Wire]] |date=3 July 2023}}</ref><ref>{{cite news |last1=Staff |first1=The Wire |title=In Poll Bound Madhya Pradesh, PM Modi Rakes up Triple Talaq, UCC and 'Appeasement' |url=https://thewire.in/politics/in-poll-bound-madhya-pradesh-pm-modi-rakes-up-triple-talaq-ucc-and-appeasement |access-date=16 July 2023 |work=[[The Wire (India)|The Wire]] |date=27 June 2023 |archive-url=https://web.archive.org/web/20230715222251/https://thewire.in/politics/in-poll-bound-madhya-pradesh-pm-modi-rakes-up-triple-talaq-ucc-and-appeasement |archive-date=15 July 2023 |___location=New Delhi |language=en}}</ref><ref>{{cite news |last1=Staff |first1=The Wire |title=In Poll Bound Madhya Pradesh, PM Modi Rakes up Triple Talaq, UCC and 'Appeasement' |url=https://thewire.in/politics/in-poll-bound-madhya-pradesh-pm-modi-rakes-up-triple-talaq-ucc-and-appeasement |access-date=16 July 2023 |work=[[The Wire (India)|The Wire]] |date=27 June 2023}}</ref>

== History ==

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Women's rights groups have said the issue of a uniform civil code is only based on the rights and security of women, irrespective of its politicisation.{{sfn|Chavan|Kidwai|2006|p=13–20}}

The arguments for it are: its mention in Article 44 of the Constitution, need for strengthening the unity and integrity of the country, rejection of different laws for different communities, importance for gender equality, and reforming the archaic personal laws of Muslims—which allow unilateral divorce and polygamy. India is thus among the [[Application of Islamic law by country|nations that legally apply the Sharia law]]. According to Qutub Kidwai, the Muslim Personal Law is "Anglo-Mohammadan" rather than solely Islamic.{{sfn|Chavan|Kidwai|2006|p=13–20}}

The [[Hindutva|Hindu nationalists]] view this issue in the concept of the Hindu law, which they say, is secular and equal to both sexes.{{sfn|Chavan|Kidwai|2006|p=13–20}} In the country, demanding a uniform civil code can be seen negatively by religious authorities and secular sections of society because of [[identity politics]].{{sfn|Chavan|Kidwai|2006|p=13–20}} The [[Sangh Parivar]] and the [[Bharatiya Janata Party]] (BJP), one of the two major political parties in India, have taken up this debate to gain Hindu support.{{sfn|Chavan|Kidwai|2006|p=13–20}} However, others have criticised such a debate given the lack of existence of the draft of the bill.<ref>{{cite news | url=https://www.thehindu.com/news/national/tamil-nadu/debate-without-draft-uniform-civil-code-is-a-non-issue-says-ex-cec-sy-quraishi/article67164351.ece {{Bare| URLtitle=Debate without draft Uniform Civil Code is a non-issue, says ex-CEC S.Y. Quraishi inline| newspaper=The Hindu | date=6 August 20242023 }}</ref><ref>{{cite news | url=https://economictimes.indiatimes.com/news/politics-and-nation/let-the-draft-come-nobody-is-opposing-law-sanjay-raut-on-ucc/articleshow/101491669.cms?from=mdr {{Bare| URLtitle="Let the draft come...nobody is opposing law," Sanjay Raut on UCC inline| newspaper=The Economic Times | date=August4 July 2023 2024}}</ref>

The Indian state of Goa abides by Goa Civil Code. It is a set of civil laws, originally the [[Portuguese Civil Code of Goa and Damaon|Portuguese Civil Code]], which continues to be implemented even after the [[1961 Indian annexation of Goa|Indian annexation of the state in 1961]].<ref name="NIE1">{{cite news|title=Call to implement Goan model of civil code|url=http://newindianexpress.com/cities/chennai/article138136.ece|access-date=22 October 2013|newspaper=New Indian Express|date=15 May 2012|archive-url=https://web.archive.org/web/20140508030759/http://www.newindianexpress.com/cities/chennai/article138136.ece|archive-date=8 May 2014|url-status=dead}}</ref>

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Sikhs and Buddhists objected to the wording of Article 25 which terms them as Hindus with personal laws being applied to them.<ref>{{Cite book|url=https://books.google.com/books?id=JxgFWwK8dXwC|title=Freedom of Religion and Belief: A World Report|last1=Boyle|first1=Kevin|last2=Sheen|first2=Juliet|date=2013-03-07|publisher=Routledge|isbn=978-1-134-72229-7|pages=191–192|language=en|access-date=16 September 2015|archive-url=https://web.archive.org/web/20160513181649/https://books.google.com/books?id=JxgFWwK8dXwC|archive-date=13 May 2016|url-status=live}}</ref> However, this article also guarantees the right of the members of the Sikh faith to bear a [[Kirpan]].<ref>{{citation|title=The Constitution of India, Right to Freedom of religion, Article 25|url=http://lawmin.nic.in/coi/coiason29july08.pdf|archive-url=https://web.archive.org/web/20140621134720/http://lawmin.nic.in/coi/coiason29july08.pdf|archive-date=21 June 2014|df=dmy-all}}</ref>

In October 2015, the Supreme Court of India asserted the need for a uniform civil code and said: "This cannot be accepted, otherwise every religion will say it has a right to decide various issues as a matter of its personal law. We don't agree with this at all. It has to be done through a decree of a court".<ref>{{citation|last=Anand|first=Utkarsh|title=Uniform Civil Code: There's total confusion, why can't it be done, SC asks govt|url=http://indianexpress.com/article/india/india-news-india/uniform-civil-code-supreme-court-asks-govt-why-cant-it-be-done-tell-us-your-plan|publisher=[[The Indian Express]]|date=13 October 2015|___location=[[New Delhi]]|access-date=13 October 2015|archive-url=https://web.archive.org/web/20151015000259/http://indianexpress.com/article/india/india-news-india/uniform-civil-code-supreme-court-asks-govt-why-cant-it-be-done-tell-us-your-plan/|archive-date=15 October 2015|url-status=live}}</ref> On 30 November 2016, British Indian intellectual [[Tufail Ahmad]] unveiled a 12-point draft proposal, citing no effort by the government since 1950. The [[Law Commission of India]] stated on 31 August 31, 2018, that a uniform civil code is "neither necessary nor desirable at this stage" in a 185-page consultation paper, adding that secularism cannot contradict the plurality prevalent in the country.<ref>{{cite news |agency=IANS|date=30 November 2016|title=Muslim intellectual proposes a revolutionary Uniform Civil Code|url=http://www.thestatesman.com/india/muslim-intellectual-proposes-a-revolutionary-uniform-civil-code-1480508995.html|url-status=live|archive-url=https://web.archive.org/web/20161201021416/http://www.thestatesman.com/india/muslim-intellectual-proposes-a-revolutionary-uniform-civil-code-1480508995.html|archive-date=1 December 2016|access-date=30 November 2016|newspaper=The Statesman}}</ref><ref>{{cite web|last1=Ahmad|first1=Tufail|date=30 November 2016|title=My blueprint for the Uniform Civil Code|url=http://www.dailyo.in/politics/uniform-civil-code-muslims-triple-talaq-indian-constitution-supreme-court/story/1/14293.html|url-status=live|archive-url=https://web.archive.org/web/20161130163734/http://www.dailyo.in/politics/uniform-civil-code-muslims-triple-talaq-indian-constitution-supreme-court/story/1/14293.html|archive-date=30 November 2016|access-date=30 November 2016|website=DailyO}}</ref> On 14 June 14, 2023, the 22nd Law Commission of India requested input from religious organizations and the general public regarding the matter of implementing a Uniform Civil Code (UCC). According to a notification released by the commission, individuals who are interested and willing can express their opinions within a 30-day time frame.<ref>{{cite web | url=https://indianexpress.com/article/explained/explained-law/law-commission-uniform-civil-code-8671382/ | title=Law Commission seeks views on Uniform Civil Code: What is the UCC and the debate around it | date=18 June 2023 }}</ref>

Indian society in pre-independence era had many other considerations like socio-economic status, jati and [[gotra]] etc. in case of marriages. While the Hindu Code Bills and other Acts wiped out all such practices in Hindu, Jains, Sikh, Buddhist, Parsi and Christian communities, some conservative sections of these communities had been demanding amendments to their Marriage Acts.<ref>{{Cite web|last=Anand|first=Hardik|date=2018-05-28|title=Amend Hindu Marriage Act to ban same-gotra marriages: Khaps|url=https://www.hindustantimes.com/india-news/amend-hindu-marriage-act-to-ban-same-gotra-marriages-khaps/story-50prtuWUWkd6DEOc4IRnNN.html|access-date=2021-08-13|website=Hindustan Times}}</ref>

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On 17 July 2023, Justice [[Krishna Murari]], who recently concluded his tenure in the Supreme Court of India, said that "uniformity in anyway is beneficial", but before the implementation of the Uniform Civil Code, extensive deliberations and consultations, on a large scale, with the general public should take place.<ref>{{cite web | url=https://www.news18.com/india/uniformity-is-good-but-uniform-civil-code-needs-large-scale-consultations-ex-sc-judge-krishna-murari-8352169.html | title=Uniformity is Good but Uniform Civil Code Needs Large-Scale Consultations: Ex-SC Judge Murari | date=17 July 2023 }}</ref>

On 7 February 2024, The [[Uttarakhand Legislative Assembly]] passed [[The Uniform Civil Code of Uttarakhand Act, 2024]], making [[Uttarakhand]]. [[Chief Minister of Uttarakhand|Chief Minister]] [[Pushkar Singh Dhami]] describes it as a "historic moment" for the country.<ref>{{Cite news|title=Uniform Civil Code bill passed in Uttarakhand assembly |url=https://www.hindustantimes.com/india-news/uniform-civil-code-bill-passed-in-uttarakhand-assembly-101707312685015.html|work=[[Hindustan Times]]|access-date=7 February 2024}}</ref> However, the law itself excluded [[Scheduled tribes]] and has faced criticism on technical grounds.<ref>{{cite web | url=https://thewire.in/government/talking-uniform-civil-code {{Bare URL inline|date title=AugustThe Wire: The Wire News India, Latest News,News from India, Politics, External Affairs, Science, Economics, Gender and Culture 2024}}</ref><ref>{{cite web | url=https://www.sriramsias.com/upsc-daily-current-affairs/exclusion-of-scheduled-tribes-from-uttarakhands/ {{Bare URL inline|date title=AugustUttarakhand Excludes Tribes: Civil Code Impact &#124; SRIRAMs IAS 2024}}</ref>

== Legal status and prospects ==

UCC had been included in BJP's manifesto for the [[1998 Indian general election|1998]] and [[2019 Indian general elections|2019 elections]], and was even proposed for introduction in the Parliament for the first time in November 2019 by [[Narayan Lal Panchariya]]. Amid protests by other MPs, the bill was soon withdrawn for making certain amendments.<ref>{{Cite news|last=Chari|first=Seshadri|title=Modi govt has been working for a Uniform Civil Code and we didn't even notice. Until now|url=https://theprint.in/opinion/modi-govt-has-been-working-for-a-uniform-civil-code-and-we-didnt-even-notice-until-now/278053/|publisher=The Print|date=2019-08-16|access-date=2020-08-22}}</ref><ref name="AM Jigeesh">{{Cite news|author=Jigeesh|first=AM|date=2019-12-06|title=After objections, BJP member withdraws Bill for UCC|publisher=The Hindu Business Line|url=https://www.thehindubusinessline.com/news/national/after-objections-bjp-member-withdraws-bill-for-ucc/article30217193.ece|access-date=2020-08-22}}</ref> The bill was brought for a second time by [[Kirodi Lal Meena]] in March 2020, but was not introduced again.<ref>{{Cite news|author=Joy|first=Shemin|date=2020-03-13|title=BJP MP once again does not introduce Uniform Civil Code Bill|publisher=Deccan Herald|___location=New Delhi|url=https://www.deccanherald.com/national/north-and-central/bjp-mp-once-again-does-not-introduce-uniform-civil-code-bill-813445.html|access-date=2020-09-14}}</ref> As per reports which emerged in 2020, the bill's specifics are being contemplated by the BJP due to its topical differences with the RSS.<ref name="Ramchandran">{{Cite news|author=Ramchandran|first=Smriti Kak|date=2020-08-06|title=BJP, RSS hope for consensus on Uniform Civil Code|newspaper=The Hindu|url=https://m.hindustantimes.com/india-news/bjp-rss-hope-for-consensus-on-ucc/story-ASFagZCCQPEIfQT59HMgkK.html|access-date=2020-08-22}}{{Dead link|date=July 2025 |bot=InternetArchiveBot |fix-attempted=yes }}</ref><ref>{{Cite news|last=Sharma|first=Vibha|title=UCC next on Modi govt agenda?|url=https://m.tribuneindia.com/news/nation/ucc-next-on-modi-govt-agenda-123130|newspaper=The Tribune|date=2020-08-06|access-date=2020-08-22|archive-date=1 July 2023|archive-url=https://web.archive.org/web/20230701075743/https://m.tribuneindia.com/news/nation/ucc-next-on-modi-govt-agenda-123130|url-status=dead}}</ref>

A plea was filed in the [[Delhi High Court]] which sought establishment of a judicial commission or a high level expert committee to direct the central government to prepare a draft of UCC in three months. In April 2021, a request was filed to transfer the plea to the Supreme Court so that filing of more such pleas throughout various high courts doesn't bring inconsistency throughout India. The draft would further be published on the website for 60 days to facilitate extensive public debate and feedback.<ref name="LiveLawAPR21">{{Cite news|last=Ojha|first=Drishti|date=2021-04-11|title=Plea In Supreme Court Seeks Transfer Of Plea For Uniform Civil Code From Delhi High Court To SC|url=https://www.livelaw.in/top-stories/supreme-court-uniform-civil-code-delhi-high-court-transfer-of-case-ucc-172432|newspaper=LiveLaw|access-date=2021-04-21}}</ref>

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== External links ==

*[http://news.bbc.co.uk/2/hi/south_asia/3530608.stm "Muslim women fight instant divorce"] from [[BBC]]

*[http://www.outlookindia.com/article.aspx?227793 "So Do We Want A UCC?"] article by [[Dilip D'Souza]] from [[Outlook (Indian magazine)|''Outlook'']]

*

*"[https://www.hindustantimes.com/india-news/law-commission-s-report-on-uniform-civil-code-not-before-2018/story-hizRvHNIJtvLTCUdyuHgZL.html Law Commission's report on uniform civil code not before 2018"] article by [https://www.hindustantimes.com/author/jatin-gandhi-101608310569764 Jatin Gandhi] from [[Hindustan Times]]

{{DEFAULTSORT:Uniform civil code}}

[[Category:Civil codes]]

[[Category:Women's rights in India]]

[[Category:Indian family law]]

[[Category:Identity politics in India]]

[[Category:Law by issue]]

[[Category:Law by issue and country]]

[[Category:Legal systems]]

[[Category:Women's rights in India]]

[[Category:Women's rights in religious movements]]

[[Category:Religious controversies in India]]

[[Category:Political controversies in India]]

[[Category:Controversies in India]]