Shijin Anthonipilla

The Uniform Civil Code (UCC) is which aims to unify the civil or personal laws to all the citizens in India, regardless of religion, and the positive effects of doing so will be felt across the country.

Historical Background

It was during the British period, deliberations followed concerning the UCC. The second Law Commission was established by Lord Macaulay in 1834 with the objective of examining and modifying the Indian legal system. The commission concluded that while the criminal law could be reformed, personal laws pertaining to religion might be left unaltered. This was due to the religious nature of the Indian population, whose dissatisfaction with any change to these laws could potentially lead to social unrest and opposition to British rule.

Subsequently, the B.N. Rao Committee was established for the purpose of examining and reforming the Hindu personal laws. Thereafter, the Hindu Code Bill was introduced and enacted, encompassing the Hindu Marriage Act of 1955, the Hindu Succession Act of 1956, the Hindu Minority and Guardianship Act of 1956, and the Hindu Adoption and Maintenance Act of 1956. It is also evident that this legislation is applicable to the Sikh, Jain and Buddhist communities. However, the rationale behind the exclusion of Muslims and Christians from its purview remains a subject of discourse.

Constitutional Debates

During the drafting process of the Constitution, the UCC was the subject of extensive debate. Article 44 of the Directive Principles of State Policy specifies that the State shall “endeavor to secure” a Uniform Civil Code (UCC). However, this obligation was reduced to non-enforceable in the interest of respecting religious sensitivities.

Naziruddin Ahmad, member of constituent assembly from West Bengal, advanced the argument that the UCC would constitute an infringement on the rights set out in Article 25, which guarantees the right to practice and propagate religion. In contrast, K.M. Munshi, the delegate from the Congress party, expressed support for the UCC, opposing those secular activities, even if associated with religion, could be subject to regulation for the purpose of social reform. He emphasized that the notion of incorporating personal law into religious doctrine stemmed from a colonial perspective.

Dr. B.R. Ambedkar’s perspective was balanced. He asserted that the State was not bound by an obligation to eliminate personal laws, but rather, it was entitled to exercise its privilege to reform them in a gradual manner. This practical attitude kept the door open for future reforms.

Present Scenario

The UCC continues to be a subject of considerable debate. Proponents of the bill argue that it ensures gender justice, secularism, and legal equality. However, critics of the bill believe that it may infringe on cultural and religious freedom. In 2018, the Law Commission concluded that the Uniform Civil Code (UCC) was “neither necessary nor desirable” at that particular stage. However, the Commission did recommend the reform of discriminatory elements in personal laws.

In recent years, states such as Uttarakhand (2024) have drafted their own UCCs, and Goa remains the only state with a uniform civil code in place. These developments indicate a shift towards regional initiatives concerning the uniformity of civil law.