“A common civil code will help the course of national integration by removing disparate loyalties to laws which have conflicting ideologies.” Mohd. Ahmed khan vs. Shah Bano Begum (1985)

The Uniform Civil Code (UCC) is a proposed set of laws in India that seeks to replace personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen. The UCC aims to ensure that all citizens of India are treated equally under the same set of secular civil laws relating to marriage, divorce, inheritance, and adoption, irrespective of their religion.

Historical Context

The debate over the UCC has been longstanding in India, dating back to the country’s independence in 1947. The framers of the Indian Constitution included Article 44, which mandates the state to secure for its citizens a uniform civil code throughout the territory of India. However, the implementation of the UCC has faced significant resistance due to political, social, and religious factors.

Colonial Era:-

2nd Law Commission Report 1835 only criminal law should be uniform.

The Lex Loci Report of October 1840 stressed the importance and necessity of uniformity in the codification of the Indian law, relating to crimes, evidence and contracts.

Post-Colonial Era:-

During the drafting of the constitution, prominent leaders like Jawaharlal Nehru and Dr. B.R. Ambedkar pushed for a uniform civil code (UCC) in India as flows from Article 14 of Indian Constitution. However, they included the UCC in Directive Principles of State Policy (Art.44 of DPSP).

Issues

1. Lack of political will due to the sensitivity of UCC.

2. Lack of knowledge of UCC in India and other different state.

3. Some of the sections of society view it in conflict with Art.25.

4. Politicization of issues as different religious communities have different personal laws.

5. Government interference with religion may lead to conflict.

Law Commission view on UCC

In June 2023, 22nd Law Commission sought the views of religious organisations and the public on the issue of UCC.

However, in 2018 21st Law Commission observed that “UCC is neither necessary nor desirable at this stage for India.” The reason behind is diversity in India and which needs its own laws and bringing uniformity would actually make it more complicated rather than simplify them.

View of Judiciary

Courts in India, including the Supreme Court have many times pushed to legislators to introduce the UCC.

During the Mohd. Ahmed Khan v. Shah Bano Begum and Ors. (1985) case, the top court exhorted the central government to enact a “Common Civil Code” in the interest of national integration.

The court reiterated the same, in context of a marriage between a Christian women and Sikh man under the Indian Christian Marriage Act, 1872 in Jordan Diengdeh vs. S.S.Chopra (1985). Court observed, “Time has now come for the intervention of legislature to provide for a uniform code of marriage and divorce as enshrined under Art.44.”

In John Vallamattam and Anr. V. U.O.I (2003) it was reiterated again but this time in the context of succession.

In ABC v. NCT Delhi (2015) case, the Apex Court once again lamented the absence of UCC in the context of the guardianship of a Christian child.

Recently Apex court in Jose Paulo Coutinho v. Mario Luiza Valentina Pereira (2019) again expressed its disappointment over the lack of UCC saying “ whereas the founders of the constitution in Art.44 of DPSP had hoped and expected that state shall endeavour to secure for its citizens a UCC throughout India, till date no action has been taken in this regard.”

Current Status/Best Practice

Goa

In Goa, we have UCC which is a continuation of the Portuguese civil Procedure of 1867. The Supreme Court in the Jose Paulo Coutinho case (2019) stated that Goa’s UCC is a shining example of UCC. The Goa Civil Code, enacted in 1867, applies to all citizens in Goa regardless of religion. It covers areas like marriage, divorce, inheritance, and property rights, and has been considered a form of uniformity in personal laws, unlike the diverse and separate personal laws followed by different communities in the rest of India.

Uttarakhand

Uttarakhand government officially implemented the Uniform Civil Code (UCC) on January 27, 2025, making it the first Indian state to adopt the UCC post-independence.

The UCC, which excludes Scheduled Tribes and natives who have migrated out of the state, was passed by the State Assembly in February 2024.

Major Subject Dealt by UCC of Uttrakhand:

• Banned Practices: Prohibits halala, iddat, and talaq from Muslim Personal Law.

• Equal Rights for Women: Ensures equal property and inheritance rights.

• Mandatory Online Registrations: Marriage, divorce, and live-in relationships must be registered on the government portal ucc.uk.gov.in

Marriage: 

The Uttarakhand UCC mandates the compulsory registration of marriages within 60 days of solemnization. This provision applies to all residents of Uttarakhand, whether marrying within or outside the state.

While non-registration of marriages won’t invalidate it, the parties concerned may face a penalty of Rs 10,000.

Instances of furnishing false information intentionally would incur a fine of Rs 25,000 and a three-month jail term.

No marriage can be dissolved without a court order otherwise it would attract imprisonment for up to 3 years.

• Legal marriage age: 21 years for men and 18 years for women.

• Mandatory marriage registration.

• Prohibits polygamy, child marriage, and triple talaq.

Inheritance and Property Rights:

• Equal inheritance rights for sons and daughters.

• Recognizes children of live-in couples as "legitimate," granting them equal inheritance rights.

Live-In Relationship Rules:

Any live-in relationship within the state’s jurisdiction will have to be registered compulsorily, regardless of whether the concerned man and woman are residents of Uttarakhand or not.

In case, couples in a live-in relationship do not submit their statement, they will be served a notice following which criminal prosecution can be initiated against them.

Women deserted by their live-in partners can claim maintenance through the competent court.

• Mandatory registration for couples aged 21 and above.

• Parental consent is required for couples under 21 years.

• Applicable to Uttarakhand residents, including those in live-in relationships outside the state.

• Termination: This can be applied online or offline, requiring mutual consent. Partners can terminate the relationship only by submitting a formal statement to the same effect.

• Pregnancy Notification: Reporting pregnancy within 30 days of childbirth is mandatory. Children born out of such relationships will be considered legitimate.

• Housing Rights: Landlords cannot deny housing to registered live-in couples.

Under the UCC Act, a person who fails to register a live-in relationship within 30 days of entering into one, could face charges. Upon conviction, a magistrate can sentence the individual with a jail term of up to three months, or with a fine up to Rs 10,000 or both.

Will Provisions: 

Simplified and inclusive rules for drafting wills, including unique provisions for defense personnel.

Prohibition of Bigamy or Polygamy:

UCC of Uttrakhand stated that none of the parties to a new marriage should have another spouse alive at the time of the marriage. Thus, it prohibits bigamy or polygamy.

Recognition of Mehr and Dower:

Mehr and Dower are acknowledged as payable in addition to any maintenance under the UCC.

Penalization of Extrajudicial Divorce Modes:

Divorce through modes not prescribed under the UCC, such as customary divorce deeds or panchayat divorces, is penalized.

Penalties for Non-Compliance:

• If couples fail to register their live-in relationship within one month, they could face imprisonment of up to three months, a fine of up to Rs 10,000, or both.

• Providing false information will result in penalties of up to three months in jail, a fine of Rs 25,000, or both.

• Complete failure to register a marriage or live-in relationship may lead to a jail term of up to six months, a fine of Rs 25,000, or both.

• Landlords who rent properties to unregistered couples and deliberately conceal information may also face legal action.

Benefits of a Uniform Civil Code/ Argument in favour

Gender Equality: One of the most significant advantages of the UCC is the promotion of gender equality. Currently, personal laws often discriminate against women, especially in matters of inheritance and divorce. A uniform code would ensure that women have equal rights and protections, thereby empowering them socially and economically.

Social Justice: The UCC aims to provide justice to all citizens, regardless of their religious affiliations. By establishing a common set of laws, the UCC can help eliminate the biases and injustices present in various personal laws, promoting fairness and equality in society.

National Integration: India is a diverse nation with multiple religions and cultures. The UCC can foster a sense of unity and national identity by promoting common legal standards and reducing divisions based on religious law. This can lead to enhanced social cohesion and harmony among different communities.

Simplification of Laws: The existence of multiple personal laws complicates the legal framework in India. A UCC would simplify legal proceedings related to marriage, divorce, and inheritance, making it easier for citizens to understand their rights and responsibilities. This simplification can lead to reduced legal disputes and clearer jurisprudence.

Protection of Minorities: Contrary to the belief that the UCC would undermine minority rights, it can actually provide better protection for minorities by ensuring that all citizens are treated equally under the law. Personal laws can sometimes perpetuate practices that are harmful or discriminatory towards minority community members; the UCC would provide a safeguard against such practices.

Promoting Secularism: The UCC aligns with the secular principles enshrined in the Indian Constitution. By removing religion from civil law, the UCC reinforces the idea that the state does not favour any religion, thereby upholding the secular character of the nation.

International Standards: Many countries worldwide have adopted uniform civil codes or similar systems that promote gender equality and social justice. Implementing the UCC in India would align the country with international human rights standards, enhancing its global standing.

Challenges Ahead/Criticism/Argument in against

• While the benefits of the UCC are substantial, its implementation faces challenges, including political resistance, societal norms, and the deeply entrenched personal laws that communities adhere to. 

• Insufficient Consultation: Some believe more public and community involvement was required during the drafting process.

• Implementation Challenges: Resistance from conservative sections of society may create hurdles.

Suggestion

• It is essential to approach the introduction of a UCC with sensitivity and inclusivity, engaging in dialogue with various stakeholders to address their concerns.

• An opinion of a jurist must be taken.

• Education and awareness about the importance of UCC.

Conclusion

The Uniform Civil Code holds the potential to transform Indian society by promoting equality, justice, and unity. By ensuring that all citizens are governed by the same set of secular laws, the UCC can help create a more equitable and cohesive society. While the road to implementing the UCC may be fraught with challenges, the long-term benefits for individuals and the nation as a whole make it a goal worth pursuing.

Research support: Ankush Mithare