Uniform Civil Code

Uniform Civil Code (UCC) has become the biggest talking point ever since PM Narendra Modi strongly advocated it during his address to BJP’s booth workers in Bhopal on June 27, 2023. The PM’s statement came a week after the 22nd Law Commission invited the views of the public and “recognised” religious organisations on the UCC within 30 days. The ruling party has made the UCC their poll promise during the 2014 and 2019 Lok Sabha polls.

A UCC is one that 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 of the Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

Over the decades, the BJP has pushed for UCC and it was part of the party’s manifestos for the 2014 and 2019 Lok Sabha elections. Both times, the party framed it as an issue related to gender justice. “Article 44 of the Constitution of India lists Uniform Civil Code as one of the Directive Principles of State Policy. BJP believes that there cannot be gender equality till such time India adopts a Uniform Civil Code, which protects the rights of all women, and the BJP reiterates its stand to draft a Uniform Civil Code, drawing upon the best traditions and harmonizing them with modern times,” the party said both times.

In a number of rulings, the Supreme Court has supported the introduction of UCC. Notable among the rulings is the landmark 1985 Shah Bano ruling in which the SC upheld the right of a Muslim woman to seek alimony. The judgment set off a political battle as well as a controversy about the extent to which courts can interfere in Muslim personal law and the decision was undone by Parliament.

Amid the raging debate over the implementation of the Code in the country, the expert committee for a UCC in Uttarakhand is all set to submit its report, along with a draft of the proposed law, to the state government by the end of July.

The Indian Express has reported that the Union government is expected to use it as a template for drafting its own UCC Bill and ruling party members hope to take it up in the winter session of Parliament.

The Congress has maintained its position on the UCC, stating it is undesirable at this stage. Among major parties who have opposed the idea are CPI, CPI(M) Trinamool Congress, DMK, RJD, NCP, BSP, Samajwadi Party, JDS, Shiromani Akali Dal, AIMIM, PDP and National Conference. While parties like AAP, Shiv Sena, AIADMK and TDP have shown support for the idea.