Uniform Civil Code: Promise of Equality, Challenge of Pluralism

Uniform Civil Code: Promise of Equality, Challenge of Pluralism

India’s constitutional vision rests on a delicate balance between unity and diversity, individual rights and collective identities, and equality and pluralism. Few constitutional ideas capture this tension as sharply as the Uniform Civil Code (UCC).

Recent developments, including the return of the Uniform Civil Code and religious conversion amendment Bills by the Uttarakhand Governor for redrafting, have once again brought the UCC debate to the centre of public discourse. The episode highlights not only the political sensitivity of the issue but also its deep constitutional and social complexity.

Envisaged under Article 44 of the Directive Principles of State Policy, the Uniform Civil Code seeks to replace religion-based personal laws with a common set of civil laws governing marriage, divorce, inheritance, adoption, and succession. While the objective is rooted in equality and justice, concerns related to religious freedom, cultural autonomy, and federalism continue to shape the debate.

Why Does India Need a Uniform Civil Code?

1. Advancing Gender Justice and Women’s Rights

One of the strongest arguments in favour of the UCC is its potential to advance gender justice. Several personal laws—across communities—have historically placed women at a disadvantage in matters of inheritance, divorce, maintenance, guardianship, and adoption.

Practices such as unequal succession rights, unilateral divorce, and limited maintenance entitlements have constrained women’s autonomy and dignity. Judicial interventions, most notably in cases involving maintenance and triple talaq, have repeatedly exposed these inequities and underscored the need for reform.

A Uniform Civil Code can provide a gender-neutral legal framework, ensuring that civil rights flow from citizenship rather than religious identity. The experience of Goa’s Civil Code illustrates that uniform personal laws can coexist with religious freedom while offering relatively equal rights to women.

2. Upholding Equality Before Law

The coexistence of multiple personal laws results in differential legal treatment of citizens based solely on religion. Individuals in identical civil situations—such as marriage dissolution or succession—are governed by different legal standards depending on their faith.

This raises serious constitutional concerns under Article 14, which guarantees equality before law. A UCC aims to establish uniform civil obligations and entitlements, reinforcing the idea that all citizens are equal in the eyes of the law. The gradual judicial harmonisation of personal laws reflects this long-standing constitutional aspiration.

3. Simplifying the Civil Justice System

India’s plural personal law regime adds considerable complexity to the legal system. Courts are often required to interpret religious texts alongside statutory provisions, increasing ambiguity and inconsistency.

Despite the presence of 950+ Family Courts, pendency remains high, with fresh filings frequently outpacing disposals. A common, secular, and codified civil law would enhance legal clarity, reduce prolonged litigation, and ease the judicial burden. States that have codified family laws demonstrate how legal simplicity improves accessibility and predictability for citizens.

4. Reinforcing Constitutional Morality

The UCC is also anchored in the principle of constitutional morality, which requires laws and governance to be guided by constitutional values rather than discriminatory customs or social hierarchies.

Certain traditional practices, though culturally entrenched, conflict with the constitutional ideals of dignity, liberty, and equality. The Supreme Court has consistently held that when social practices violate fundamental rights, constitutional morality must prevail. In this sense, the UCC seeks to align civil laws with the ethical core of the Constitution.

Key Concerns in Implementing the Uniform Civil Code

1. Religious Freedom and Cultural Autonomy

Personal laws are deeply intertwined with religious beliefs and cultural identity. For many communities, marriage and inheritance are not merely legal arrangements but expressions of faith and tradition.

A rigid or hastily imposed UCC risks being perceived as an infringement of Article 25, which guarantees freedom of religion. Judicial interpretations have emphasised respect for essential religious practices, highlighting the constitutional sensitivity involved in reforming personal laws.

2. Diversity Within Communities and Federal Challenges

India’s diversity extends far beyond differences between religions. Significant variations exist within communities across regions, castes, and tribes.

For instance, while most of India follows a patrilineal inheritance system, tribes such as the Khasi, Jaintia, and Garo of Meghalaya practise matriliny, where ancestral property passes to the youngest daughter.

Since family and marriage fall under the Concurrent List, States have exercised flexibility in regulating them. A one-size-fits-all UCC risks ignoring these social realities, leading to resistance and uneven implementation.

3. Perception of Majoritarian Bias

A persistent concern surrounding the UCC is the fear that it may reflect the norms of the majority community, marginalising minority traditions. Past debates show that personal law reform can become politically polarising if not accompanied by consensus-building.

The Supreme Court itself has observed that social uniformity cannot be imposed abruptly without public acceptance. If sections of society perceive the UCC as an instrument of cultural dominance rather than constitutional equality, it may erode trust and social cohesion.

4. Legal, Administrative, and Modern Rights Challenges

Implementing a UCC involves consolidating thousands of codified and uncodified customs—a formidable legislative challenge. India lacks a comprehensive database of customary practices across its 700+ recognised tribes.

Additionally, the UCC must address complex issues such as taxation (for example, the status of the Hindu Undivided Family), adoption, and maintenance.

A modern concern is the inclusion of LGBTQ+ rights. If the UCC merely standardises traditional, heteronormative family structures, it risks permanently excluding non-binary and same-sex relationships, making future reforms even more difficult.

Roadmap for Effective Implementation

1. Phased and Incremental Reform

Rather than an abrupt overhaul, India should pursue gradual reform by first eliminating clearly discriminatory provisions across personal laws. This mirrors India’s own reform history and allows social acceptance to develop organically.

2. Focus on Gender-Neutral Civil Laws

The primary objective of the UCC should be gender justice, not cultural homogenisation. Targeted reforms can eliminate discrimination without dismantling entire personal law systems.

3. Broad Stakeholder Consultation

Inclusive dialogue with women’s organisations, minority representatives, legal experts, and civil society is essential. Participatory law-making enhances legitimacy and trust.

4. Codification of Best Practices

India can adopt a “best-of-all-systems” approach by selectively codifying progressive elements already present in various personal laws and State models.

5. Anchoring Reform in Constitutional Morality

Any move towards the UCC must prioritise dignity, equality, and liberty over political expediency.

6. State-Level Experimentation

States can act as laboratories of reform, piloting harmonised civil laws suited to their social contexts while adhering to national constitutional standards.

Conclusion

The Uniform Civil Code is not merely a legal reform; it is a constitutional balancing exercise. If pursued through a phased, consultative, and rights-based approach, it can advance gender justice without eroding India’s pluralistic fabric.

Anchoring the UCC in constitutional morality rather than majoritarian impulses is essential for preserving social trust. A balanced UCC would strengthen the rule of law, enhance legal certainty, and contribute meaningfully to SDG-5 (Gender Equality)—while respecting India’s remarkable diversity.