Uniform Civil Code: History, implications, and minority perspectives

On June 27, Prime Minister Narendra Modi’s speech in poll-bound Madhya Pradesh thrust discussions about the Uniform Civil Code (UCC) into the spotlight, triggering nationwide debates on its potential implementation. Soon after, on July 8, Uttarakhand Chief Minister Pushkar Singh Dhami announced that the UCC would be enforced in the state once its draft committee submits the report.

Modi’s assertive stance on the UCC, as part of the 2024 general election campaign, reflects the longstanding agenda of the Bharatiya Janata Party (BJP) to implement the UCC and abolish personal laws concerning marriage, divorce, and succession.

Supporters of the UCC argue that it fosters national integration and gender equality. However, concerns have been raised that its enforcement may infringe upon the rights and distinct practices of minority communities in the state. Tamil Nadu Chief Minister M.K. Stalin pointed out that a uniform nation does not necessarily imply a unified nation, and many believe that the UCC will erode the boundaries of tolerance, despite being non-cognizable.

The proposal of the UCC has encountered resistance from orthodox Hindus, Muslims, Sikhs, and other minorities whose customs have remained untouched since the time of British rule. Even the framers of the Constitution, unable to resolve the conundrum it poses, prudently included it in the Directive Principles of State Policy (DPSP) rather than the Fundamental Rights.

The Uniform Civil Code aims to establish a uniform legal framework for all citizens, regardless of their religion. Article 44 in the DPSP, found in Part IV of the Constitution, states that “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.

The Constitution explicitly states that the state can only “endeavour” to achieve a common code among its citizens, rather than enforce it. The implementation of the UCC also violates the Fundamental Rights guaranteed by the Constitution, including Article 25 (freedom to profess and practice one’s religion) and Article 29 (right to have a distinct culture). It also contradicts the provisions granted to states like Nagaland and Mizoram.

The BJP’s emphasis on the UCC raises several questions about the intentions of the Sangh Parivar. If the goal is to promote national integration by eliminating adherence to longstanding customs, will any community be willing to make concessions on their traditions? If the aim is to address discriminatory practices against women, why not reform the personal laws that are being misinterpreted?

Frontline has compiled a collection of articles that illuminate the Uniform Civil Code, its history, relevance, implications, the motives of the Sangh Parivar, the shortcomings of personal laws, and its impact on minority communities in India.

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