Context: Gujarat Home Minister announced the formation of a committee to implement a uniform civil code (UCC) in the state.

Uniform Civil Code in India

• A UCC would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption, etc.

• Article 44, one of the Directive Principles of State Policy of the Indian constitution says the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

• This is not enforceable by any court and it shall be the duty of the State to apply these principles in making laws.

Aim of UCC

• It aims to provide protection to vulnerable sections as envisaged by Ambedkar including women and religious minorities, while also promoting nationalistic fervor through unity.

• It will work to simplify laws that are segregated at present based on religious beliefs like the Hindu code bill, Shariat law, and others.

• It will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all.

• The same civil law will then be applicable to all citizens irrespective of their faith.

Note: Currently, personal laws of various communities are governed by their religious scriptures.

• Personal laws are distinguished from public law.

• Article 25-28 of the Indian constitution guarantees religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.

Relationship between Fundamental Rights and Directive Principles

• The Directive Principles of State Policy (Part IV) follow the Fundamental Rights (Part III, Arts 12-35) in the Constitution.

• The Fundamental Rights are justiciable — that is, they are legally enforceable in a court of law, unlike DPSP.

• Article 31C says that if a law is made to implement any of the Directive Principles, it cannot be challenged on the ground of being violative of the Fundamental Rights under Articles 14 and 19.

Is there no ‘uniformity’ in personal law?

• Indian laws are already uniform in most civil matters — for example:

• The Indian Contract Act,

• Civil Procedure Code,

• Sale of Goods Act,

• Transfer of Property Act,

• Partnership Act,

• Evidence Act, etc.

However, states have made a large number of amendments, and so, there is diversity even in the secular civil laws in certain aspects.

• Personal laws of religions are diverse in themselves.

• Thus, all Hindus of the country are not governed by one law, nor are all Muslims or all Christians.

• Not only British legal traditions, even those of the Portuguese and the French remain operative in some parts.

• In the Northeast, there are more than 200 tribes with their own varied customary laws.

• The Constitution itself protects local customs in Nagaland.

• Similar protections are enjoyed by Meghalaya and Mizoram.

• Even reformed Hindu law, in spite of codification, protects customary practices.

Road Ahead

• There should be an in-depth study and wider consultation involving all stakeholders including academia, constitutional experts, religious and political leadership. This will ensure better formulation and greater acceptability.