Madhya Pradesh Cabinet approves UCC draft bill for presentation in State Assembly

The push for a Uniform Civil Code (UCC) is rooted in Article 44 of the Indian Constitution, a Directive Principle of State Policy (DPSP) which states that the State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. However, personal laws—covering marriage, divorce, inheritance, and adoption—fall under the Concurrent List (Entry 5) of the Seventh Schedule, meaning both Parliament and State legislatures can enact laws on these subjects. Madhya Pradesh's move follows the precedent set by Uttarakhand, which became the first state in independent India to pass a UCC bill in early 2024. For a state law to override conflicting central legislation on a concurrent subject, it requires Presidential assent under Article 254(2). The debate centers on balancing the drive for uniformity and gender justice with the right to freedom of religion guaranteed under Article 25.

The proposed UCC significantly impacts social dynamics, particularly concerning gender justice and the regulation of modern relationships. By prohibiting practices like polygamy and 'nikah halala', the bill aims to ensure equal rights for women across different religious communities. A notable and controversial aspect is the strict regulation of live-in relationships, which requires mandatory registration and imposes obligations similar to marriage, such as maintenance and inheritance rights for children born out of such relationships. While intended to protect vulnerable partners, critics argue this encroaches upon the fundamental right to privacy recognized by the Supreme Court in the landmark Puttaswamy Judgement (2017) and potentially criminalizes consensual adult relationships if not registered.

A critical governance challenge in implementing a UCC in a diverse state like Madhya Pradesh is balancing uniformity with constitutional protections for indigenous communities. The draft bill specifically exempts Scheduled Tribes (such as Bhil, Gond, and Baiga), acknowledging the safeguards provided under Article 342 and Article 366(25) of the Constitution. Furthermore, communities whose traditional rights are protected under Part XXI of the Constitution (which contains special, transitional, and temporary provisions, primarily for certain states and tribal areas) are also exempted. This exemption highlights the complex reality of India's pluralistic society, where imposing a rigid, uniform code could disrupt established customary laws and tribal autonomy protected under frameworks like the Fifth Schedule and the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).