The issue of the Uniform Civil Code (UCC) is once again in the spotlight. In India, the government of Goa was the first to implement a UCC law in 1961. The question of why a single country should have two separate sets of personal laws has sparked nationwide debates several times. The need for a uniform law in India was first recognized in 1985 through the case Mrs. Jordan D’Souza vs. S.S. Chopra. Mrs. Jordan was a Christian, while S.S. Chopra was a Sikh. During the hearing of their divorce petition, the Supreme Court highlighted, for the first time, the necessity of implementing a Uniform Civil Code. Following this, several such petitions came before the courts and received significant attention.
The Supreme Court has once again stated that the time has come to implement a Uniform Civil Code. The top court made this observation while hearing a petition challenging provisions of the 1937 Sharia law, which it described as discriminatory against Muslim women. The court stated that this is an excellent case. While the need for a uniform law to ensure justice for women of all religions may be recognized, only the government should consider and take action on it. The petition specifically sought amendments in Muslim personal law to provide Muslim women equal rights in inheritance and succession. It argued that currently Muslim women receive a significantly smaller share of parental property, which needs to be corrected.
The bench also cautioned that if the 1937 Sharia law were entirely repealed, it could create a legal vacuum. Courts cannot make laws, and therefore, it would be better to leave such broad legal decisions to the government. The idea of a Uniform Civil Code is not new. The framers of the Constitution envisioned it, and it is enshrined in Article 44 of the Indian Constitution. Article 44 directs the state to strive to ensure a uniform civil code for all citizens of India.
Although Article 44 falls under the Directive Principles of State Policy and is not directly enforceable by courts, it reflects the constitutional vision that civil laws concerning marriage, divorce, inheritance, adoption, and maintenance should ultimately be brought under a common legal framework rather than being governed by religion-based personal laws.
Uttarakhand has already become the first state to implement the Uniform Civil Code last year. Following this, states such as Madhya Pradesh, Gujarat, and other BJP-ruled states have taken steps toward implementing the UCC.
The central issue remains the enactment of a uniform law at the national level. The UCC implies a single set of laws for every citizen, regardless of religion or caste. It covers social issues such as marriage, divorce, property distribution, inheritance, and adoption under one legal framework. No religion has separate courts or separate systems. Yet in India, the biggest problem is that different rules exist for each religion. Rules regarding property, marriage, and divorce differ for Hindus, Muslims, and Christians.
The question repeatedly arises: if criminal law applies equally to all communities, why should civil law be different for each? Laws have changed over time—for example, without the Hindu Code Bill, anti-dowry laws or the abolition of the sati practice would not have been possible. Every time this issue is raised, Muslim organizations oppose it, intense political debates follow, and it is argued that such a law would violate Article 25 of the Constitution, which guarantees religious freedom to all citizens.
However, matters related to family and inheritance fall under the Concurrent List of the Constitution. Therefore, state governments have the authority to make uniform laws for citizens of their states. The Supreme Court’s recent remarks once again remind us that the time has come to turn constitutional promises into reality. In a democracy that runs on the principle of equality, systems cannot continue that discriminate against Muslim women. Steps toward the Uniform Civil Code should be taken through continuous dialogue, ensuring a legal framework that enjoys broad consensus.
The Uniform Civil Code will provide social security to women and religious minorities. Its uniformity will strengthen national integration and patriotism. Many disputes will automatically be resolved, and its implementation will not affect citizens’ religious freedoms, including worship, diet, or cultural practices.
