Uniform Civil Code (UCC): Understanding Article 44, Historical Context, and the National Debate

The Uniform Civil Code (UCC) is one of the most debated socio-legal concepts in modern India. It proposes a single, unified set of laws to govern personal matters—such as marriage, divorce, inheritance, adoption, and succession—for all citizens, regardless of their religion. Currently, these matters are governed by diverse personal laws rooted in religious scriptures and customs.

The conversation around UCC has shifted from a theoretical constitutional aspiration to a practical legislative reality, with states like Uttarakhand joining Goa in implementing a common code, while others explore its feasibility.

What is the Uniform Civil Code?

The UCC aims to replace the existing fragmented system of personal laws with a common civil law that applies to every citizen equally.

1. Constitutional Framework: The UCC is envisioned under Article 44 of the Directive Principles of State Policy (DPSP) in Part IV of the Indian Constitution. It states: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
2. Legal Enforceability: Unlike Fundamental Rights, DPSPs are not enforceable by any court. They are “fundamental in the governance of the country,” leaving the timing and nature of implementation to the government’s discretion.
3. Objective: The goal is to align personal laws with the country’s secular criminal laws, ensuring that a citizen’s legal rights in family matters are determined by their citizenship rather than their faith.

Historical Background of the UCC

The demand for a unified code has evolved from the colonial era to the landmark judicial interventions of the late 20th century.

1. Colonial Origins: The British initiated the codification of Indian laws but intentionally left Hindu and Muslim personal laws untouched to avoid religious backlash and maintain social order.
2. The Constituent Assembly Debate: Post-independence, leaders like B.R. Ambedkar strongly advocated for a UCC. However, due to intense opposition from various religious groups, it was placed in the non-mandatory DPSP section.
3. The Hindu Code Bills (1955-56): Instead of a UCC, the government chose to first codify Hindu laws (including Sikhs, Jains, and Buddhists) through four specific acts:

• The Hindu Marriage Act
• The Hindu Succession Act
• The Hindu Minority and Guardianship Act
• The Hindu Adoptions and Maintenance Act

1. The Shah Bano Case (1985): This case served as a major turning point when the Supreme Court urged the government to implement a UCC to ensure gender justice and provide maintenance rights to divorced Muslim women.

Present Status of Personal Laws in India

India currently follows a “Pluralistic” legal system for personal matters.

1. Community-Specific Laws

• Muslim Personal Law: Primarily uncodified and based on the Shariat Act of 1937.
• Christian Personal Law: Governed by the Indian Christian Marriages Act (1872).
• Parsi Personal Law: Governed by specific acts relating to Parsi marriage and divorce.

2. Secular Alternatives

• Special Marriage Act (1954): Provides a secular avenue for any two citizens to marry regardless of religion.
• Guardians and Wards Act (1890): A secular law establishing the rights and duties of guardians.

3. State-Level UCC

• Goa: Remains the only state with a legacy UCC (the Portuguese Civil Code of 1867), which continued after its liberation.
• Uttarakhand: Became the first state in independent India to pass and implement a modern Uniform Civil Code in 2024.

The Debate: Arguments For and Against the UCC

The UCC remains contentious because it sits at the intersection of Individual Equality and Religious Freedom.

Arguments in Favour (Proponents)

1. Promoting Gender Equality: Many personal laws are viewed as patriarchal. A UCC would eliminate discriminatory practices in divorce and inheritance, empowering women across all religions.
2. National Integration: A common code fosters a sense of shared national identity and prevents communal friction caused by different legal treatments.
3. Simplifying the Legal System: It removes the judicial complexity of interpreting varied religious texts, making the justice system more efficient.
4. Upholding Secularism: True secularism, according to proponents, requires the separation of religion from state-enforced laws.

Arguments Against (Critics)

1. Violation of Religious Freedom: Critics argue that UCC infringes upon Article 25 (Freedom of Religion) and Article 29 (Protection of Minority Interests).
2. Threat to Diversity: India’s strength lies in its “Unity in Diversity.” A single code might steamroll unique tribal customs and diverse regional traditions protected under Article 371.
3. Fear of Majoritarianism: Minority communities often fear that a UCC will essentially be a “Hinduized” code imposed upon them, eroding their cultural identity.
4. Communal Sensitivity: Implementing such a law without broad consensus could lead to significant social unrest.

Key Supreme Court Judgments

The Judiciary has been a consistent driver for the UCC through several landmark cases:

Case	Year	Core Significance
Shah Bano Case	1985	Upheld the right to maintenance; called UCC a “dead letter.”
Sarla Mudgal Case	1995	Prevented the misuse of conversion to Islam for bigamy; urged the Centre to implement Article 44.
John Vallamattom	2003	Struck down discriminatory succession laws for Christians; reiterated the need for legal uniformity.
Shayara Bano	2017	Declared Instant Triple Talaq unconstitutional, a major step toward gender justice in personal law.

The Way Forward: A Balanced Approach

Achieving a Uniform Civil Code in a country as diverse as India requires a nuanced strategy:

1. Piece-meal Reform: Instead of a sudden blanket law, the government could focus on reforming individual discriminatory practices within personal laws first.
2. Inclusive Consultation: Engaging with religious leaders, tribal heads, and women’s rights groups is crucial to building a consensus-based model.
3. Preserving Harmless Customs: A UCC does not have to abolish all rituals; it can focus on legal rights (like inheritance shares) while leaving ceremonial customs (like marriage rituals) untouched.
4. Focus on Gender Justice: The primary narrative of the UCC should remain focused on Equality rather than Uniformity.

Frequently Asked Questions (FAQs)

WHAT DOES ARTICLE 44 OF THE INDIAN CONSTITUTION SAY?

Article 44 is a Directive Principle that encourages the State to secure a Uniform Civil Code for all citizens throughout India.

IS THE UNIFORM CIVIL CODE CURRENTLY MANDATORY?

No, as it is a Directive Principle, it is not legally enforceable by courts, but it is a guiding principle for government policy.

WHICH STATES IN INDIA HAVE A UNIFORM CIVIL CODE?

Currently, Goa (since 1867) and Uttarakhand (passed in 2024) are the only states with a functional UCC.

HOW DOES UCC IMPACT WOMEN’S RIGHTS?

It aims to ensure that women of all religions have equal rights to inheritance, maintenance after divorce, and the legal age of marriage.

DOES THE UCC ABOLISH RELIGIOUS MARRIAGE RITUALS?

Generally, no. Most UCC proposals focus on the legal consequences of marriage (registration, divorce, alimony) rather than the religious ceremonies.

WHY DID B.R. AMBEDKAR SUPPORT THE UCC?

Ambedkar believed a UCC was essential for national unity and to liberate women from regressive religious customs.

WHAT IS THE DIFFERENCE BETWEEN ARTICLE 25 AND ARTICLE 44?

Article 25 guarantees the right to practice religion, while Article 44 aspires for a common civil law. The debate often centers on whether personal laws are an “essential” part of practicing religion.

HOW DOES THE UCC AFFECT THE TRIBAL POPULATIONS?

This is a point of concern; many tribal groups have unique customs protected under the Constitution. Recent UCC drafts, like Uttarakhand’s, have exempted STs to protect their identity.

WHAT WAS THE SIGNIFICANCE OF THE SHAYARA BANO CASE?

It legally ended the practice of Instant Triple Talaq, moving Indian personal law closer to the principles of equality sought by the UCC.

CAN A STATE GOVERNMENT PASS ITS OWN UCC?

Yes, since “Marriage and Divorce” and “Succession” fall under the Concurrent List (Entry 5), both the Centre and States can legislate on them.