The Growing Momentum for a Uniform Civil Code in Bharat: A Critical Step Toward National Unity

Paromita Das

GG News Bureau

New Delhi, 19^th August. The idea of implementing a Uniform Civil Code (UCC) in Bharat—one civil law that applies to all citizens irrespective of their religion—has recently gained significant traction. This renewed focus follows Prime Minister Narendra Modi’s strong endorsement during his Independence Day speech, where he emphasized the importance of a UCC in eliminating laws that divide the country. Article 44 of the Bharatiya Constitution, which calls for the State to secure a UCC, has long been a subject of debate, but it now appears to be moving closer to the forefront of national priorities.

Despite the codification of Hindu personal laws in 1956, a national consensus on the UCC remains out of reach. Bharat’s diverse society, with its various religious and cultural traditions, continues to follow distinct personal laws that govern matters such as marriage, divorce, inheritance, and adoption. While several countries, including France, the United Kingdom, the United States, and Australia, have successfully adopted a UCC to unify their legal systems and promote fairness, Bharat’s journey toward this goal is still fraught with challenges.

The concept of a UCC in Bharat dates back to the colonial era when the British government in 1835 proposed a more uniform legal system. Today, Bharat operates under a complex framework of personal laws for different religious communities—Hindus, Muslims, Christians, and Parsis—creating a patchwork of legal standards that can lead to inequality and division.

Under Prime Minister Modi’s leadership, the BJP has prioritized the implementation of a UCC as part of its core agenda. His recent Independence Day speech indicates that this issue will be a significant focus in his third term. However, the UCC has evolved into a highly politicized issue. Opposition parties, led by Congress and other groups that identify as secular, as well as some BJP allies, oppose the UCC, citing concerns about religious freedoms and cultural diversity.

The delay in implementing a UCC can be attributed to the complexity of the issue, the need for consensus among various religious communities, and the political challenges involved. Bharat’s first Prime Minister, Jawaharlal Nehru, acknowledged the difficulty of pushing through a UCC during the drafting of the Constitution, choosing to defer the matter. This decision has left Bharat with a legacy of separate civil laws for different communities, complicating the path toward legal uniformity.

There are compelling arguments in favor of a UCC. In a diverse and democratic nation like Bharat, having one civil law for all citizens is essential for ensuring equality and justice. A UCC would eliminate the potential for political parties to exploit religion for electoral gain, provide equal protection to all citizens, and empower women by removing discriminatory practices rooted in religious personal laws. Importantly, a UCC would not infringe upon the religious freedoms guaranteed by Articles 25 and 26 of the Constitution but would instead promote a fairer and more just society.

The Supreme Court of Bharat has repeatedly stressed the need for a UCC, viewing it as crucial for maintaining national unity. Landmark rulings, such as the ban on Triple Talaq, have highlighted the importance of a UCC in advancing gender justice and establishing important legal precedents. Despite these judicial endorsements, resistance to a UCC persists, fueled by concerns over religious and cultural rights.

Recent developments indicate a growing momentum toward the UCC. The BJP government has already implemented a UCC in Uttarakhand, with states like Gujarat and Assam considering similar measures. Goa, a former Portuguese colony, has long followed a UCC based on Portuguese law, providing a unique example within Bharat. However, opposition remains strong, particularly in states like Kerala and among BJP allies in the tribal-dominated North-eastern regions.

Conclusion

The Uniform Civil Code represents more than just legal reform; it is a step toward realizing the constitutional vision of a truly secular and unified Bharat. As the nation marks its 78th year of Independence, the time has come to earnestly consider the implementation of a UCC. While the challenges and complexities involved are significant, they should not deter us from pursuing a legal system that treats all citizens equally.

Prime Minister Modi’s commitment to the UCC is commendable, and it is crucial that he takes proactive steps to build a national consensus on this issue. This could involve convening discussions with political parties, religious leaders, and civil society groups to address concerns and garner broader support. The UCC is not just a political issue; it is a necessary reform to ensure justice, equality, and national unity. Bharat must rise above narrow political interests and take this decisive step toward a more just and unified society.