A universal civil code (UCC) is a proposal in India to formulate and implement a set of secular civil laws that govern all people, regardless of their religion, gender, or sexual orientation. It aims to treat all sections of society equally according to a national civil code, which shall be applicable to all uniformly. The UCC covers areas like marriage, divorce, inheritance, adoption, and maintenance.
The idea of a UCC is based on the principle of one nation, one law, which is also mentioned in Article 44 of the Indian Constitution. Article 44 is a part of the Directive Principles of State Policy, which are not legally enforceable but are guidelines for the state to follow while making policies. Article 44 says, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
The need for a UCC arises from the fact that India has different personal laws for different religious communities, which are based on their respective scriptures and customs. These personal laws often vary in terms of rights and obligations of individuals, especially in matters related to family and property. For example, Muslim personal law allows polygamy and triple talaq , while Hindu personal law prohibits them. Similarly, Christian personal law requires a longer period of separation for divorce than Hindu personal law. These personal laws also discriminate against women and other vulnerable groups in many cases.
The proponents of a UCC argue that it will promote national integration, gender justice, equality, and dignity of women. They also contend that it will simplify the legal system and reduce litigation. They cite the example of Goa , which is the only state in India that has a common family law known as the Goa Civil Code . They also refer to other countries like France , Turkey , China , etc. that have adopted a UCC or a similar system.
The opponents of a UCC argue that it will violate the fundamental right to freedom of religion and the cultural diversity of India. They also claim that it will impose a majoritarian or a western model of law on the minorities and the indigenous communities. They fear that it will create social unrest and communal violence. They also question the feasibility and desirability of a UCC in a pluralistic and democratic country like India.
Thus, a UCC is a contentious and complex issue that requires a careful and consensual approach. It involves balancing the constitutional values of secularism, equality, and justice with the respect for religious freedom, diversity, and autonomy. It also requires addressing the concerns and aspirations of various stakeholders and ensuring their participation in the process.