GUEST COLUMN
MM Semwal and Vidushi Dobhal Naithani
The origins of the Uniform Civil Code (UCC)can be traced back to pre-independence India, where the need for uniform personal laws was debated in the Constituent Assembly. Though the mandatory uniform set of laws was considered a prerequisite to upholding the secular ethos of India, Constituent Assembly members including Mohamed Ismail Sahab and Mehbub Ali Beg argued it was unnecessary for a culturally and religiously diverse country such as India. They also cited the constitutional guarantee of religious freedom under Article 25 as being in direct conflict with the UCC. BR Ambedkar acknowledged the importance of UCC but also opined that its adoption should be voluntary and depend upon society’s social and economic evolution. He envisioned that the UCC would materialise organically when the Indian society was ready for progressive change, thus eliminating the need for mandatory top-down enforcement.
The Constituent Assembly, following the recommendation of a sub-committee, agreed to place the UCC under the Directive Principles of State Policy as Article 44. This decision rendered the UCC non-justiciable but preserved the hope that societal demand for a nationwide uniform code would gradually emerge. Over the past decades, India has continued to debate the feasibility and desirability of a nationwide UCC. Cases like the Shah Bano Case have underscored the need for gender-just personal laws. As personal laws fall under the concurrent list, both the center and state can legislate on the issue. A 2018 Law Commission Report cited UCC as unnecessary and undesirable, citing low societal acceptance. Consequent reports have also repeatedly focussed on changes in personal laws rather than enforcing an overarching UCC.
However, India’s obligations to uphold freedom and gender justice under the International Covenant on Civil and Political Rights (1966) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, 1979) reinforce the need to align domestic laws with the global commitments.
The introduction of UCC was one of the three key promises the Bharatiya Janata Party made in its 2019 election manifesto. In February 2024, the BJP-led Uttarakhand became the first State in the country to draft a Uniform Civil Code, and as of the date of publication of this article, the law was implemented on 26th January 2025. The expert five-member committee was established in 2022 by the State government under the leadership of retired Supreme Court judge Ranjana Prakash Desai to draft the UCC. Since 2022, the committee actively worked to prepare the draft while engaging with the society and collecting over 2,00,000 suggestions from across the state to ensure the proposed law reflects diverse perspectives and needs of the society. The UCC addresses key issues such as marriage, divorce, inheritance, adoption, and live-in relationships, drafting uniform laws for each, irrespective of religion or gender. The code aims to honour individual rights while also acknowledging the importance of cultural and Indigenous practices of communities as the Scheduled Tribes of the State, which constitute three per cent of the total population, have been exempted from the mandate of the code. The code introduces several provisions to promote equality and uniformity in personal laws. The law mandates the registration of marriages, divorces, and live-in relationships (with penal provisions for non-compliance). UCC also grants equal rights to men and women in marriage, divorce, inheritance, and succession, thereby effectively abolishing practices like iddat, halala, triple talaq, polygamy and social wrongs such as child marriages.
Attempting to promote social equity and acceptability, the Code directs that children born out of live-in relationships are to be recognised as legitimate, and inheritance rights are to be extended equally to all children, irrespective of legitimacy or adoption. Additionally, inheritance rights posthumously prioritise parents, spouses and children, ensuring equitable distribution. Registration of marriage, divorce and live-in relationships has been made compulsory to address the growing disputes and discrepancies that tend to arise in such arrangements. This measure enables the local administration to ensure better oversight in case of conflicts, including complaints related to harassment and abuse. Additionally, the provision empowers individuals by ensuring accountability and legal protection for both parties. These provisions aim to ensure that a progressive and unified legal framework is in place to integrate the changing dynamics of modern Indian society and foster a sense of national integration and mutual understanding among diverse communities.
Uttarakhand’s experience with the UCC can provide critical insights into its feasibility and impact, potentially serving as a blueprint for nationwide implementation in the future.
The UCC has encountered several criticisms under Article 25, which guarantees the right to religion, and Article 29, which safeguards the right of individuals to preserve their culture. However, this contention juxtaposes Articles 14 and 15, which uphold equality and prohibit discrimination, particularly concerning women’s rights, often constrained under various personal laws. Critics have also highlighted potential conflicts of the UCC with Article 246, which delineates legislative powers between the Union and State under the Seventh Schedule. The provisions of personal laws fall under the concurrent list, where both the State and Central government can legislate but the central laws take precedence in case of a conflict. The state-implemented UCC could face challenges due to overlaps with central legislations, thus creating legal ambiguities and procedural impracticality.
The mandatory registration of live-in relationships and the requirement to share accurate information under the threat of penal provisions raises privacy concerns. The bill empowers the Registrar to scrutinise such applications while placing the obligation that local police be informed. The clause also mentions informing parents of individuals under 21. These provisions have the potential to come in conflict with the right to privacy and the freedom of intimate relationships, as has been upheld by the Supreme Court in the past. While raising questions about the ability of the authorities to maintain confidentiality in such issues, the code also places the burden of societal judgement on the individuals involved.
Considering the apprehensions of some members of the ‘minority’ community, a legal battle might lie ahead as the minority community may cite the law as an attempt to alienate them from their religion and culture. Few provisions of the Muslim personal laws are already in contention with national acts such as the Protection of Children from Sexual Offences (POCSO) Act and the Prevention of Child Marriage Act.
The code removes the coparcenary system where only male members traditionally had the right to inheritance by birth. It also allows unrestricted testamentary succession, unlike the one chalked out by the Muslim personal laws where the amount of property to be distributed via will is capped to one-third of the total, ensuring a fixed inheritance share to women. The change brought about by UCC places women at the risk of complete exclusion from inheritance through wills.
The State government and legislature are responsible for developing mechanisms to respect cultural and religious diversity without compromising the constitutional mandates for equality and justice. Implementing the code and the subsequent processes must not reflect a displaced vision of equality and justice. The coming days will be crucial in assessing the effectiveness of the UCC in Uttarakhand while highlighting potential areas that will underscore the importance of reconciling information ambiguity and interpretative challenges of the law, which are likely to necessitate resolution through case-by-case adjudication in the future.
Continuous dialogue with communities, religious leaders and civil society would is essential to address concerns and foster their trust in the law. Addressing the knowledge gap related to legal awareness among the masses and other stakeholders is also important. The State government is responsible for conducting extensive outreach programs to educate people about the UCC, its benefits, and provisions to ensure acceptance and compliance within society. The state government has already facilitated the training of administrative and law enforcement personnel to familiarise with the nuances of the legalities of the new law. UCC assistance centers, common service centers and a robust IT infrastructure with a dedicated UCC portal is already in place to simplify the registration process.
Like the constitution, the UCC must undergo periodic review based on societal evolution, judicial interpretations and public feedback. Regular consultations with lawyers, judges and academics would also help refine the law and address emerging challenges. As the law rolls out and cases are heard in the courts and complex issues are dealt with, clearer definitions and interpretations of ambiguous clauses would allow for doing away with legal uncertainties and procedural confusion. Transparency in implementation and an accommodative feedback process will allow the communities to adapt to the UCC by reducing resistance and easing integration into the legal framework. Uttarakhand’s demography has been witnessing significant shifts as migration from the hills results in population concentration in the plains. This has led to a significant change in the social and political fabric of the state. Addressing the consequences of such imbalance, the UCC could have the potential to serve as a unifying force and a balancing catalyst ensuring safety and harmony within the society while maintaining its diverse religious and cultural fabric. Its success hinges on inclusivity, transparency and gradual adaptation.
The UCC in Uttarakhand can emerge as a progressive reform and a model for legislative innovation in India. The debate on the necessity of a Uniform Civil Code (UCC) has progressed over decades; however, with its enactment, the focus must now shift towards its effective implementation. Pragmatism dictates prioritizing effective execution to uphold the constitutional mandate. At the heart of legislative reform and politics lies the daily and personal lives of individuals who would be affected by the law. It must be realised that abolishing all differences might not always ensure justice. Effective implementation will require a responsible legislature, an informed executive and a prudent judiciary, working collaboratively. Equally important is the involvement of an informed and engaged civil society. The collective responsibility for building a better state rests on all of us.
(Semwal is head of political science department at HNB Garhwal University, Naithani is a search scholar. Views expressed are personal)
