Uniform Civil Code Bill Introduced in Select States for Consultation: A Step Towards Legal Uniformity or Cultural Controversy?
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- 15 Apr 2025 --
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In a politically and socially significant development, the Uniform Civil Code (UCC) Bill, 2024, was introduced in select state legislatures including Uttarakhand, Gujarat, and Assam for public and stakeholder consultation. Touted as a move to ensure legal uniformity in personal laws, the bill seeks to replace religion-specific civil codes with a common framework governing marriage, divorce, inheritance, and adoption.
While proponents argue this is a step toward constitutional equality and gender justice, critics view it as a majoritarian imposition on the diverse cultural fabric of India.
What Is the Uniform Civil Code?
The Uniform Civil Code, mentioned in Article 44 of the Indian Constitution, envisions a common set of personal laws for all citizens, regardless of religion, caste, or gender. Currently, Hindus, Muslims, Christians, Parsis, and others follow separate personal laws, especially in matters like:
- Marriage and divorce
- Adoption and guardianship
- Succession and inheritance
The UCC proposes to replace this religious diversity in civil laws with a single legal code, applicable to all Indian citizens.
While Article 44 is part of the Directive Principles of State Policy, it is not enforceable by courts, but is seen as a goal for future legislation.
Key Provisions of the Draft UCC Bill (As Circulated in States)
Though still under consultation, the draft bill proposes the following changes:
1. Uniform Age of Marriage
- Marriageable age for both men and women set at 18 years, irrespective of religion or customary laws.
2. Prohibition of Polygamy
- All citizens can have only one legally recognized spouse at a time. Religious allowances for polygamy (e.g., under Muslim Personal Law) will no longer apply.
3. Gender-Neutral Adoption and Guardianship
- Makes adoption equally accessible to all, regardless of religion or marital status.
- Mothers and fathers will have equal rights as guardians.
4. Equal Property Rights
- Daughters and sons, spouses, and widows are to be treated equally in matters of inheritance.
- Property laws will follow uniform succession rules, instead of Sharia or Mitakshara law.
5. Streamlined Divorce Procedure
- Introduces uniform grounds and procedures for divorce, annulment, and alimony, removing faith-specific clauses like talaq or church annulment procedures.
States Leading the Way
The UCC Bill has not yet been introduced at the national level. However, in line with India’s federal structure, some BJP-ruled states have taken the lead:
- Uttarakhand: Became the first state to form a drafting committee in 2022 and has now tabled the draft UCC Bill in the Assembly.
- Gujarat and Assam: Initiated public consultations and are expected to follow suit within months.
- Other states are watching closely, awaiting both public response and legal scrutiny.
Why the Push Now?
Supporters of the UCC argue:
- It promotes gender justice, especially for women affected by discriminatory religious laws.
- It aligns with constitutional values of equality and secularism under Articles 14, 15, and 44.
- It simplifies civil law, especially in interfaith marriages or disputes involving citizens from different religious backgrounds.
- It removes legal ambiguities and exploitation loopholes in family and property laws.
The Law Commission of India, in earlier reports, acknowledged the need for reform in personal laws, while recommending a gradual, consultative approach.
Criticism and Controversy
The bill has met with strong resistance from multiple quarters:
- Muslim organizations and clerics argue it infringes upon the freedom to practice religion (Article 25) and disrespects religious autonomy.
- Tribal groups in Northeast India fear erosion of their customary laws and identity, especially since some states (like Nagaland) are protected under Article 371A.
- Critics accuse the move of being politically motivated, intended to consolidate majoritarian sentiment.
- Legal experts also warn of possible constitutional challenges, particularly if public consultation is inadequate or selective.
Public Consultations and Feedback
To mitigate backlash, the state governments introducing the bill have:
- Formed committees to seek input from community leaders, women's rights groups, religious scholars, and legal experts.
- Opened portals for public feedback on the draft bill.
- Promised that cultural sensitivities will be preserved, especially for tribals and minority sects, through special clauses or exemptions.
Nevertheless, trust remains low among certain communities, who see the bill as an imposition rather than inclusion.
What the Courts Have Said
The Supreme Court has, over the years, nudged successive governments toward a UCC, notably in:
- Shah Bano case (1985) – urged the government to implement Article 44.
- Sarla Mudgal case (1995) – stressed that UCC is essential to national integration.
- Jose Paulo Coutinho case (2019) – praised Goa as a model for having a common civil code.
Yet, the Court has also maintained that the legislature must act, not the judiciary.
Consensus or Conflict?
The Uniform Civil Code Bill, 2024, is still at the consultative stage in the states — but its introduction marks a pivotal moment in India’s legal and political journey. It touches on the core of what it means to be equal citizens in a diverse nation.
Whether the bill leads to uniformity with dignity or triggers a nationwide legal and cultural debate will depend on how transparently the process unfolds — and how sincerely it respects the voices of all communities involved.
The promise of equality must not be reduced to a slogan. It must be shaped by empathy, constitutional clarity, and inclusive lawmaking.
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