Explained: What is Uniform Civil Code?

The Uniform Civil Code ( UCC ) has become a highly controversial topic in India due to several reasons. One key point of contention is the religious and cultural diversity of the country, with critics arguing that implementing a UCC would undermine the distinct customs and traditions associated with different religions. They believe that such a move could erode the cultural fabric of the nation and infringe upon religious freedom.

What is Uniform Civil Code?:

• The Uniform Civil Code (UCC) seeks to establish a uniform legal framework for all citizens of India, irrespective of their religion.
• Current personal laws based on religion govern matters like marriage, divorce, and succession.
• The UCC promotes gender equality, secularism, and national integration.

Historical Background:

• The UCC traces its origins to the debates during the framing of the Indian Constitution .
• Supporters, including Dr. BR Ambedkar , argued for a UCC to advance equality and integration.
• Opponents, such as Nazirrudin Ahmad, believed religious laws should not be tampered with without consent.

Patchy Implementation:

• Implementation has been challenging due to India's religiously diverse population.

Different religious communities follow their own personal laws, leading to disparities in areas like succession, marriageable age, and divorce grounds.

Goa is the only region with a version of the UCC in place, following the Portuguese Civil Code of 1867.

Recent Controversy:

• Prime Minister Narendra Modi 's call for UCC implementation reignited the debate.

Previous controversies, such as the Shah Bano case, have highlighted the clash between personal laws and gender equality.

Arguments in Favor of UCC:

• UCC proponents emphasize national integrity, equality of genders and religions.
• They argue that personal laws can lead to discriminatory practices, especially against women.
• UCC reinforces secular principles and streamlines legislation.

Opposition to UCC:

• Critics express concerns about potential infringement on religious freedom and clash with customs.
• They argue that diverse communities should retain the right to maintain their distinct practices.
• Imposing a uniform law on minority communities without consent is seen as unjust.

The Indian Constitution, in Article 44, includes a Directive Principle of State Policy that encourages the establishment of a Uniform Civil Code (UCC) for all citizens. However, the framers of the Constitution allowed the government to decide whether or not to implement the UCC, understanding the sensitivity and complexity of the matter. In the subsequent years, different governments have deliberated and argued about the implementation of a UCC, but it has remained a contentious and politically sensitive subject.