Abstract
The Uniform Civil Code (UCC) has remained one of the most debated reforms in India since Independence. While Article 44 of the Constitution directs the State to secure a UCC, its implementation has faced challenges due to India’s religious diversity.
In 2024–25, the debate intensified after Uttarakhand became the first state to pass a UCC Bill. Supporters claim that UCC ensures gender justice, equality, and national integration, while critics fear it may weaken minority rights and cultural autonomy.
This article explores the UCC debate in 2024–25, focusing on its legal, political, and social aspects with references to statutes, constitutional provisions, case laws, and contemporary developments.
Introduction
India follows a unique legal system where personal laws govern marriage, divorce, inheritance, adoption, and succession across religions.
- Hindus, Muslims, Christians, and Parsis each follow separate laws.
- Article 44 (DPSP) envisions a Uniform Civil Code, ensuring one common civil law for all citizens.
In February 2024, Uttarakhand became the first state to enact a UCC, sparking debates nationwide.
The central question: Is UCC a step towards equality and modernization, or a threat to India’s pluralism and cultural diversity?
Use of Legal Jargon
The UCC debate is rooted in key constitutional and legal concepts:
- Directive Principles of State Policy (DPSP)
- Secularism
- Gender Justice
- Legislative Competence
- Freedom of Religion (Articles 25–28)
- Constitutional Morality
- Parliamentary Sovereignty
- Judicial Review
The Proof: Data, Arguments, and Authority
1. Legal Dimension
- Constitutional Basis
- Article 44: Directs the State to secure UCC.
- Articles 25–28: Protect freedom of religion.
- Conflict: Individual rights vs. community rights.
- Judicial Stand
- Shah Bano v. Union of India (1985) – Favoured UCC for gender justice.
- Sarla Mudgal v. Union of India (1995) – Criticised government’s delay in UCC.
- Shayara Bano v. Union of India (2017) – Triple Talaq struck down; strengthened women’s rights.
- Law Commission
- 2018: Said UCC was “neither necessary nor desirable.”
- 2023: Reopened consultations, showing renewed interest.
2. Political Dimension
- Government Stand
- The BJP strongly backs UCC as part of its “One Nation, One Law” agenda.
- Uttarakhand’s UCC Bill (2024) covers marriage, divorce, succession, and live-in relationships.
- Opposition Concerns
- UCC may be politically motivated to consolidate majority votes.
- Reform within personal laws preferred over uniformity.
- Federal Angle
- Entry 5, Concurrent List: Family laws fall under both Parliament and state powers.
- Hence, Uttarakhand could legislate its own UCC.
3. Social Dimension
- Gender Justice
- Many personal laws historically discriminated against women.
- UCC promises equality regardless of religion.
- Minority Concerns
- Fear of losing customs and identity.
- Critics warn of a possible majoritarian bias.
- Public Opinion (2024–25)
- Mixed responses:
- Supported by women’s rights groups and youth.
- Opposed by religious bodies, especially minorities.
- India Today Survey (2024) – 56% of urban Indians support UCC, rural support is lower.
- Mixed responses:
Landmark Case Laws
- Mohd. Ahmed Khan v. Shah Bano Begum (1985) – Directed Parliament towards UCC to ensure women’s rights.
- Sarla Mudgal v. Union of India (1995) – Prevented misuse of personal laws (bigamy through conversion).
- John Vallamattom v. Union of India (2003) – Struck down Section 118 of Indian Succession Act, citing inequality.
- Shayara Bano v. Union of India (2017) – Declared triple talaq unconstitutional, upholding constitutional morality.
Conclusion
The UCC debate in 2024–25 has shifted from theory to reality with the Uttarakhand model.
- Legal Aspect: Balances equality with religious freedom.
- Political Aspect: Remains a divisive issue between ruling and opposition parties.
- Social Aspect: Offers gender justice but risks cultural homogenisation.
The way forward: phased implementation, inclusive consultation, and respect for pluralism.
If designed well, the UCC can reflect the Preamble’s ideals of Justice, Liberty, Equality, and Fraternity.
References
- The Constitution of India (Articles 25–28, 44)
- Law Commission Reports (2018, 2023)
- PRS Legislative Research (2024) – Uttarakhand UCC
- Supreme Court Judgments cited above
- India Today Survey Report, July 2024
FAQs
Q1. What is the Uniform Civil Code (UCC)?
The UCC is a proposed common civil law replacing religion-based personal laws.
Q2. Why is UCC in the news (2024–25)?
Because Uttarakhand passed the first UCC Bill in February 2024.
Q3. Which Article mentions UCC?
Article 44 (DPSP) in the Constitution.
Q4. Does UCC violate religious freedom?
Not necessarily. Courts have held that religious freedom is subject to public order, morality, and health.
Q5. Is UCC mandatory across India now?
No. Currently, only Uttarakhand has passed it. Parliament or other states may adopt it later.
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