Uniform Civil Code: Beyond the Political Rhetoric

Introduction

Something which was extremely popular among the political and legal circles has become a reality very recently. Uttarakhand has become the first state in independent India where the Uniform Civil Code has come into action with the enforcement of the Uniform Civil Code Rules Uttarakhand, 2025. There is no dearth of euphoria in certain political circles regarding this. A Uniform Civil Code was already in action in Goa, Daman and Diu. However, that was not enacted in independent India. The Portuguese colonialists had enacted their civil code in 1867, written entirely by Portuguese jurist Viscount Antonio Luis de Seabra between 1850 and 1858. After the liberation of the territories from colonial rule, the uniform civil code continued in those territories as per the Goa, Daman and Diu (Administration) Act, 1962. 

In India, currently, the concept of the Uniform Civil Code is being hailed by certain political actors while being vehemently opposed by others, who inveigh against it terming it as an attack on India’s diversity and religious freedom. However, none of these actors seem to be actually concerned with the uniformity and unity of people in the first place. Not taking the political hullabaloo into consideration, how practical will UCC be in India for the people?

Necessity and feasibility in the Indian context

Is a Uniform Civil Code necessary in India? This question itself has barely any straight answer and is bound to attract a variety of responses across India. India is a diverse country, where different religions have different personal laws. They have been enjoying such different laws for a long period of time. Thus, any attempt to make even slight changes will most probably be resisted. These personal laws often are based on religious scriptures, and may sanction certain practices which might not be viewed positively in today’s era, as neither culture, nor moral standards or legal interpretations by the court are static, and thus are always changing. All of this creates a fair amount of chaos in society and may warrant a Uniform Civil Code. Article 44 of the Constitution says that the State shall implement a uniform civil code, however, Article 44 is a part of the Directive Principles of State Policy (DPSP) and is non-binding in nature. The State is supposed to implement them at an appropriate time. It is unknown as to what time can be considered correct for the implementation of the UCC!

However, is a Uniform Civil Code feasible in India at this juncture? An affirmative answer to this would be far-fetched. The idea of implementing even a nation-wide UCC might seem desirable prima facie. However, a careful observation shows how fatal it can be for the cohesion of the people of India. India is not only religiously diverse but also ethnically. Customs and rituals are based on one’s ethnicity and tribe too. There would obviously be stark differences in the culture of, let’s say Rajasthan and Nagaland. Their diet, their religion, and various facets of their identity will differ. As such, the Centre cannot impose a set of rules, doing so would be a blatant travesty of justice, and would make all the communities suffer. A better approach would that the states should implement their own UCCs, based on consultation with all stakeholders in the society of that State. The laws must not be framed with any ulterior motive in mind, and must not intentionally put any religious group in a disadvantageous position,

Way forward in Uttarakhand and the rest of India

The Portuguese civil code silently became an inherent part of the Goan society without generating much kerfuffle. It was more or less welcomed by the majority of the populace when it was introduced. Even the less educated section of the populace living in remote areas of the territories are aware of the laws formulated during the era. While a Uniform Civil Code did find acceptance in Goa, Daman and Diu with ease, it certainly does not mean enacting a Civil Code in other states would be as smooth, with all the religious chaos.

It can be said that the move of the Uttarakhand government may benefit its citizens, however, it also has certain contentious provisions, such as the direction mandating registration of live-in relationships. Such moves are curbing individual freedom without any just reason, thus complicating the process of codifying the laws even more. Implementing a Uniform Civil Code is highly desirable; however, it must be ensured that there shall be no nefarious intention and the process must take into account several communities of the State, in order to ensure that the people genuinely benefit from it instead of being aggrieved by it. 

This article is authored by Aditya Raj. He was among the Top 40 performers in the Cyber Law Quiz Competition organized by Lets Learn Law.