“This article has been authored by Naman K. Mankad, a legal associate practicing with Advocate B.C. Dave. Naman possesses practical experience across diverse areas of law, including criminal law, civil law, consumer protection, and other legal domains. He has also contributed to legal scholarship, with his work published in the Indian Journal of Advanced Legal Research.”
Periodically, the threat of a Uniform Civil Code (UCC) reappears in Indian public discourse, sparking intense discussions that veer between the deep concerns about religious and cultural plurality and the idealistic goal of national unification. It raises an existential question: Will India be able to create a unified legal system that regulates personal affairs for all of its residents, or will this endeavour unavoidably splinter the very social fabric it is trying to unite?
Fundamentally, the UCC aims to replace the current religion-specific personal laws that regulate marriage, divorce, inheritance, adoption, and maintenance for different groups with a unified set of rules. The UCC’s proponents argue that many current personal laws, especially those with patriarchal interpretations, discriminate against women and that it is an essential step towards gender justice. They argue that a unified code will bring India into line with contemporary secular democracies by guaranteeing equal rights and dignity for all women, regardless of their religious affiliation.
In addition, supporters highlight Article 44 of the constitution, which declares that the “State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India,” seeing it as an unmet pledge of the founding fathers and evidence of the country’s dedication to secularism. For them, a single code that transcends legal divisions between communities represents a stronger sense of national identification.
However the very real dread of division always casts a shadow over the fantasy of a single code. Opponents contend that enforcing a UCC would violate India’s pluralistic culture and threaten the constitutionally protected freedom of religion and culture. Many minority groups, especially Muslims, view their personal laws as an integral component of their cultural legacy and religious identity rather than just legal regulations. It is feared that if a UCC is draughted without sufficient input and consideration for various practices, it may be used as a vehicle for majoritarian assimilation, undermining unique identities instead of promoting true unity.
Drafting a UCC that honours India’s amazing variety presents enormous practical obstacles. Numerous religious groupings, innumerable sub-sects, and numerous tribal communities can be found throughout India, each with its own customs and traditions pertaining to private affairs. This complex web of customs would have to be negotiated by a really consistent code without offending any sizable portion of the populace. Even though Uttarakhand’s recent adoption of a Uniform Civil Code is a big step forward, it has also brought attention to the difficulties and the need to carefully assess how it would affect different populations, especially indigenous tribal tribes whose customs are firmly ingrained.
Furthermore, the UCC debate is highly politicised and rarely limited to legal or gender equity concerns. It is frequently used for electoral purposes and, for many, becomes a flashpoint in the larger conversation about national identity, minority rights, and secularism. The process is further complicated by this political polarisation, which makes it challenging to have an objective and productive discussion about the possible advantages and disadvantages of a universal rule.
In the end, the UCC offers India a significant decision. The “dream” is of a contemporary, egalitarian country free from outdated personal statutes, where all citizens are treated equally before the law. The “divisive reality,” however, cautions that if the quest for homogeneity ignores the priceless richness of India’s diversity, there may be alienation, cultural erasure, and a widening of communal fault lines.
The Uniform Civil Code’s ongoing question is whether India can bring these two strong forces together in a way that embraces rather than eliminates their diversity. If the future is to succeed, it will require not only legal knowledge but also a degree of national discourse, empathy, and consensus-building that is unprecedented.
Disclaimer: The views and opinions expressed in the above article are solely those of the author. They do not represent the views of any institution, organization, or authority. The article reflects the author’s personal perspective on the issue and is intended to encourage discussion and critical thinking on the subject.
