Indian Polity, TLP-UPSC Mains Answer Writing
Q. 2. Article 44 of the Constitution envisions a Uniform Civil Code (UCC) as part of the Directive Principles of State Policy. Do you think the implementation of UCC is necessary in present-day India to ensure equality and national integration? Analyse in light of recent legislative and judicial developments. (150words, 10 marks)
Introduction
Article 44 of the Indian Constitution envisions a Uniform Civil Code to provide equal civil laws for all citizens, regardless of religion, as a means to promote national unity and equality. Recent debates have renewed interest in its feasibility and desirability.
Body
Arguments in Support of UCC
- Promotes Gender Justice: UCC can remove discriminatory personal laws, especially against women. Example: Triple talaq was struck down in Shayara Bano v. Union of India (2017) for violating women’s rights under Article 14.
- Upholds Secularism: It separates religion from personal law, aligning with India’s secular ideals. Example: Supreme Court in Sarla Mudgal v. Union of India (1995) urged for UCC to avoid misuse of religion in marriage and divorce.
- Makes Laws Simpler: Uniform laws reduce legal confusion for citizens and courts. Example: A common code would ease adjudication in matters of marriage, divorce, inheritance, and adoption.
- Unifies the Nation: A single civil code fosters civic unity and reduces communal divides. Example: Goa’s UCC, in place since Portuguese rule, serves as a working example of legal uniformity in a diverse society.
- Backed by Legal Reforms: Recent moves show increasing support for UCC implementation. Example: Uttarakhand passed the first state-level UCC in 2024; the Law Commission (2023) also advocated for wider reforms.
Criticism and Counterarguments
- May Violate Religious Freedom: Critics argue UCC could infringe on Article 25 (freedom of religion) and Article 29 (cultural rights). Example: Communities fear losing their right to practice personal laws tied to religion.
- Threat to Cultural Diversity: Uniformity may overlook India’s vast cultural and traditional pluralism, sparking resistance. Example: Diverse customs in marriage, inheritance, and adoption may not be adequately addressed under a single code.
- Potential Political Misuse: UCC could be used as a political tool to target minorities, leading to further polarization. Example: The communal nature of UCC debates during elections has raised questions about its true intent.
- Implementation Challenges: Legal and federal complexities make nationwide implementation difficult, especially when personal laws fall under the Concurrent List. Example: State-Centre disputes could arise over legislative competence.
- Law Commission Observations: The 21st Law Commission (2018) stated that UCC is “neither necessary nor desirable” at this stage; reforms within communities are preferable.
Way Forward
- Gradual Reform in Personal Laws: Step-by-step amendments to eliminate discrimination can help bridge gaps without abrupt imposition.
- Inclusive and Consultative Approach: Broad engagement with religious and cultural groups is essential for consensus and peaceful implementation.
- Pilot UCC at State Level and Promote Awareness: Encouraging states to experiment with UCC and building legal literacy can increase acceptability. Example: Goa and Uttarakhand’s UCC models can guide other states, while awareness campaigns reduce misinformation.
Conclusion
While UCC is necessary for ensuring gender justice and national unity, its implementation must be gradual and inclusive, respecting India’s pluralism. As Dr. Ambedkar said, “We must begin by acknowledging the equal worth of all citizens.”
