Author– Animesh Nath. (Assistant Professor at Swami Dhananjoy Das Kathiababa Mission College)
When Prime Minister Narendra Modi, in his Independence Day address, underlined the urgency of a Uniform Civil Code (UCC), it was not a political call alone, it was a constitutional reminder. Article 44 of our Constitution has long envisioned a civil code that applies equally to all citizens, regardless of religion, gender, or caste. Yet, 75 years after independence, India continues to live with fragmented personal laws that divide its citizens into religious silos.
The Hindustan Times editorial “Call for a new ‘secular’ civil code” (07 May 2024) rightly flagged, that without a UCC, the promise of equality remains incomplete. The law of the land cannot remain hostage to the accident of one’s birth in a particular community.
The most compelling argument for a UCC lies in the principle of equality before law under Article 14. Today, women across communities still face legal discrimination in matters of marriage, divorce, and inheritance. The Shah Bano case (1985) and the Shayara Bano judgment (2017) exposed how patriarchal personal laws curtailed women’s rights. While courts repeatedly urged Parliament to move towards a UCC, political hesitation and fear of backlash stalled progress.
Meanwhile, ground realities remind us of the urgency. According to NFHS-5, nearly one-fourth of Indian women in the 20–24 age group were married before 18, despite laws against child marriage. Uttarakhand’s recent UCC, which standardizes marriageable age and outlaws polygamy, offers a promising model. A national UCC could replicate this progress, ensuring that no religious law undermines a young girl’s right to education and dignity.
Breaking Down Barriers, Building Equality
The diversity argument, often cited against UCC, needs careful unpacking. India is indeed pluralistic, but unity in diversity does not mean inequality in diversity. Our criminal laws, tax laws, and civil procedures apply uniformly across religions without threatening cultural identity. Why should marriage or inheritance be treated differently?
Moreover, the UCC does not mean erasure of culture, it means removing discriminatory practices that hide behind culture. The matrilineal traditions of the Khasi or the unique customs of different tribes can and must be preserved, provided they do not violate fundamental rights. As Ambedkar reminded the Constituent Assembly, uniformity of rights does not mean uniformity of rituals.
True secularism does not lie in allowing parallel religious courts to dictate civil rights. It lies in a state that treats all citizens alike. Our current system, with multiple personal laws, is not secular it is segmented. A UCC would reaffirm that citizenship, not faith, is the foundation of rights.
Globally, nations as diverse as Turkey and France have adopted secular civil codes. Even Goa, under the legacy of Portuguese rule, has a common code that governs Hindus, Muslims and Christians alike. If Goa can practice it successfully, why can’t India?
Concerns Are Real, But Surmountable
Critics warn that a hasty UCC could alienate minorities. This concern deserves attention, but it cannot become a veto. The way forward is inclusive consultation, religious leaders, jurists, women’s groups, and civil society must be brought to the table and beginning with broad agreements like standard marriage age and equal inheritance rights can build trust. Robust safeguards for cultural practices that do not violate fundamental rights must be institutionalized.
The framers of our Constitution never meant for Article 44 to remain a dead letter. The Shah Bano, Sarla Mudgal, and John Vallamattom judgments repeatedly highlighted the need for a uniform code. And as India aspires to be a global leader, it cannot afford to lag behind in gender justice. On the Global Gender Gap Index, India ranks 129 out of 146, hardly befitting a modern democracy.
A just civil code is, indeed, more important than a uniform civil code. But justice and uniformity need not be opposites. If carefully designed, the UCC can be both securing equal rights while respecting pluralism.
Seventy-five years of hesitation is long enough. India cannot wait another generation. The UCC is not merely a legal reform, it is a social leap towards equality, secularism and true constitutional patriotism. The question is not whether India is ready for UCC. The question is: can India afford not to be ?