UNIFORM CIVIL CODE AND ITS APPLICABILITY IN THE INDIAN CONTEXT
AUTHOR – MOLLY TYAGI, STUDENT AT AMITY UNIVERSITY NOIDA, UTTAR PRADESH
BEST CITATION – MOLLY TYAGI, UNIFORM CIVIL CODE AND ITS APPLICABILITY IN THE INDIAN CONTEXT, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (5) OF 2025, PG. 627-633, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The Uniform Civil Code (UCC) remains one of the most debated and significant legal propositions in India, rooted in the constitutional vision of equality, justice, and national integration. Enshrined in Article 44 of the Directive Principles of State Policy in the Indian Constitution, the Uniform Civil Code (UCC) seeks to replace personal laws based on religious doctrines with a single, uniform set of laws governing civil matters such as marriage, divorce, inheritance, and adoption applicable to all citizens, regardless of their religion or community. While the goal of legal uniformity aims to ensure gender justice and uphold the secular character of the nation, its implementation continues to face considerable challenges due to India’s pluralistic and diverse socio-religious landscape.
Despite efforts to modernize certain aspects of these laws, especially within Hindu and Muslim personal laws have remained largely uncodified, resulting in significant disparities in the rights and protections available to individuals, particularly women. The judiciary in India has played a pivotal role in highlighting the need for a Uniform Civil Code (UCC) through landmark judgments such as Mohd. Ahmed Khan v. Shah Bano Begum, Sarla Mudgal v. Union of India, and Shayara Bano v. Union of India. These cases brought attention to discriminatory practices in personal laws and emphasized the need to align them with constitutional values like equality and justice. However, judicial pronouncements alone have not been sufficient to bring about legislative action on the Uniform Civil Code (UCC).
Arguments in favour include its potential to promote gender equality, protect individual rights, and foster national unity by eliminating legal distinctions based on religion. Supporters contend that it would provide equal treatment under the law for all citizens and serve as a crucial step toward a truly secular state. On the other hand, opponents argue that it could infringe upon the right to religious freedom guaranteed under Article 25 of the Constitution.
This article examines the historical, constitutional, and socio-legal dimensions of the Uniform Civil Code (UCC), focusing on its applicability in the Indian context.