A common civil code spelling equality for every Indian

The debate over a Uniform Civil Code (UCC) is rooted in Article 44 of the Directive Principles of State Policy (DPSP) found in Part IV of the Constitution of India, which states that the State shall endeavor to secure a UCC for citizens throughout the territory of India. The article argues that existing personal laws, which are largely based on religion, are legacies of colonial rule and often violate the fundamental democratic principles of liberty, equality, and dignity enshrined in the Constitution. The author asserts that a UCC should not be viewed as an infringement on religious freedom, guaranteed under Article 25, as the right to religion is confined to the choice of faith and does not extend to practices that violate constitutional principles, such as gender inequality. For UPSC, it is crucial to analyze the balance between the right to freedom of religion and the right to equality under Article 14 and Article 15, and how a UCC might reconcile these seemingly conflicting rights.

The central thesis of the article is that India’s existing personal laws, across different religions (Hindu, Muslim, Christian), are fundamentally patriarchal and discriminate against women. Examples include restrictions on a woman becoming a ‘karta’ in a Hindu Undivided Family, unequal inheritance rights among some tribes, and discriminatory practices regarding divorce and maintenance. A Uniform Civil Code (UCC) is presented as a crucial tool for women's empowerment, aiming to replace diverse, unequal personal laws with a single set of gender-just laws governing marriage, divorce, inheritance, and adoption. Furthermore, the article highlights the critical need to include the LGBTQ+ community within the purview of a UCC. Following the reading down of Section 377 of the Indian Penal Code in 2018 (Navtej Singh Johar case), the LGBTQ+ community lacks recognition in existing personal laws, which are framed within a heterosexual binary. A truly universal civil code must accommodate their rights regarding civil partnerships, inheritance, and adoption.

From a governance perspective, the implementation of a Uniform Civil Code (UCC) presents a significant challenge in managing India's diverse socio-religious landscape. Opponents argue that a UCC would threaten diversity and minority rights. However, the author, drawing on B.R. Ambedkar's views during the Constituent Assembly Debates, counters that India was not conceived as a federation of religions and that secular governance requires laws to be based on constitutional ideals rather than religious dictates. The article suggests that a UCC can be drafted to preserve these ideals without referencing specific religious practices, thereby upholding the secular character of the Indian state. This transition requires careful legislative drafting and consensus-building, balancing the need for uniform justice with sensitivity to cultural pluralism. The role of bodies like the Law Commission of India is critical in facilitating this process by gathering diverse perspectives.