These principles represent the modern ideology of ‘liberalism’. They put emphasis on ideas of modern sciences, uniformity in civil laws, international cooperation and peace, and educationThe provisions that align with this perspective in the Directive Principles of State Policy (DPSP) include Article 44, Article 45, Article 48, Article 48 A, Article 49, Article 50, and Article 51.

Article 44: Uniform civil code for the citizens

• The State will strive to ensure a uniform civil code for all citizens across the entire territory of India. 

Uniform Civil Code in India: A Critical Analysis of Its Need and Current Status

India is a nation of individuals from various religions and cultural backgrounds. In matters of civil law, individuals belonging to different faiths are regulated by their respective religious laws. Every religion (Hinduism, Islam, Christianity etc.) has its own set of personal laws relating to marriage, divorce, maintenance, guardianship and succession. India does not have a uniform civil code. At present, demands have been coming from different quarters to implement such a uniform civil code. The main reason is that many of the social evils existing in society, especially those adversely impacting the dignity of women can be traced back to provisions existing in personal laws of different religions. The laws provide women with fewer rights compared to men. Additionally, the religious personal laws create various taboos, such as patriarchy, early marriage, dowry, and domestic violence. Therefore, implementing a uniform personal law would establish consistency and eliminate the negative aspects that have arisen within our current personal laws. 

About:

• Definition: Uniform Civil Code means that all sections of the society irrespective of their religion will be treated equally according to a common civil code. These codes shall apply uniformly to all.
• Coverage: It may cover areas such as Marriage, divorce, maintenance, inheritance, adoption and succession of the property.
• Present situation: Currently, Goa is the only state in India that implements a uniform civil code, specifically the Portuguese Civil Code of 1867, which applies to everyone residing there. In contrast, the rest of India does not have a uniform civil code in place. 

The concept of a Uniform Civil Code (UCC) is included in the Directive Principles of State Policy in Part IV of the Indian Constitution. It was intended to be realized when society was sufficiently prepared to accept it, reflecting the need for social acceptance of the UCC. Nonetheless, the UCC remains an unrealized aspiration enshrined in the Constitution. 

Merits of a Uniform Civil Code

• Equal status to all Citizens: A UCC would ensure equal treatment for all individuals, regardless of their community or religion. This common civil law would apply uniformly, promoting equality in a secular democratic republic. 

• • Promote Gender Parity and Justice: Most religions afford men preferential treatment in areas such as succession and inheritance, often leading to the marginalization of women. A UCC would eliminate these discriminatory practices, ensuring all women are protected under one uniform legal framework, independent of their race or religion.
  • End contentious provisions of Personal laws: The personal laws of various religions are often rooted in patriarchal ideals. The establishment of a UCC would challenge these antiquated norms and promote more progressive social values.
  • Promote national integration: During the debates in the Constituent Assembly, Shri Alladi Krishnaswamy Ayyar highlighted the issues stemming from excessive cultural relativity. He believed that separate personal laws could hinder reform and foster communal divisions. A single secular law governing personal matters would cultivate unity and a sense of national identity.
  • Accommodate the aspirations of the young population: The younger generation is increasingly influenced by values of equality and modernity. Implementing a UCC would align with their ideals and harness their potential for nation-building. 
  • Simplification of laws: A uniform civil law would replace the fragmented legal frameworks based on religious tenets, making the law clearer and alleviating the judicial system’s workload. This would enable the judiciary to focus on more pressing issues, such as economic development and improving the citizens’ quality of life.

• Sign of a modern Progressive Nation: Personal laws were created in specific historical contexts and should evolve with changing times. The introduction of a UCC would enable society to progress based on contemporary constitutional values of liberty, equality, and justice.

• Judicial pronouncement: Many judicial pronouncements of higher judiciary have favoured UCC in some or the other forms. Allahabad High court had stated that Uniform civil code is a necessity and mandatorily required. The Supreme Court has highlighted the significance of implementing a Uniform Civil Code (UCC) in various cases, beginning with the Shah Bano Begum case and continuing to the Shayara Bano versus Union of India case, which challenged the validity of talaq-e-bidat (triple talaq) and deemed it unconstitutional. Therefore, parliament has the authority to legislate in order to make these judicial decisions enforceable. 
• Legitimate government: It is arguable that, in 1858, it was prudent for a foreign colonial authority to avoid involvement in matters related to religion and personal customs in the interest of maintaining stability. However, in a sovereign India, where the populace holds ultimate authority, there are no external forces that can obstruct the elected Indian Government, which has been chosen through universal suffrage for seventy years, from enacting a common uniform personal code.

Challenges in Enacting a Uniform Civil Code

• Practical difficulties due to diversity: India’s rich cultural diversity, which encompasses various religions, sects, castes, and regions, creates significant challenges in applying a standard set of laws concerning personal matters such as marriage, divorce, inheritance, and maintenance. 

• Perception among minorities: Minority groups perceive the Uniform Civil Code as an infringement on their right to religious autonomy. Many in these communities fear that the Uniform Civil Code will overlook their customs and impose regulations primarily reflecting the majority religious communities’ perspectives. For instance, the All India Muslim Personal Law Board describes the Uniform Civil Code as unconstitutional and anti-minority, voicing strong opposition to any efforts aimed at its implementation in India. 

• Violates the Fundamental right to Freedom: A UCC is viewed by numerous people as conflicting with the fundamental rights enshrined in Article 25 (the individual’s right to practice religion), Article 26(b) (the right of each religious group to manage its own religious affairs), and Article 29 (the right to preserve unique cultural identities).

• Issues with drafting of UCC: The task of implementing a Uniform Civil Code is highly challenging as it would necessitate extensive changes, including broad interpretations concerning marriage, maintenance, adoption, and inheritance. This endeavor is demanding, and the government will need to approach it with sensitivity and impartiality towards both minority and majority groups; otherwise, it could lead to severe backlash and incite communal unrest. 
• Need for sufficient time: In consideration to the major opposition from Muslim community in India, there are issues related to controversies over beef, saffronisation of schools and colleges, love jihad, etc. Thus, a sufficient time should be given to instill confidence in minority communities; otherwise, such communities may become more insecure and vulnerable to get attracted towards extremist ideologies.