Context

• In his 11th Independence Day (78th Independence Day) address to the nation from the ramparts of the Red Fort, Prime Minister Narendra Modi spoke of a 'Uniform Civil Code'.
• The Prime Minister spoke of redefining the idea of ​​'Uniform Civil Code' (UCC) as a “Secular Civil Code”.

What is Uniform Civil Code (UCC)?

• Uniform Civil Code means having a uniform law for all the citizens of the country. This law will apply to all without discrimination based on religion, caste, gender etc.
• Currently, in India, different religions have different laws for personal matters like marriage, divorce, inheritance, adoption. The Uniform Civil Code aims to convert all these laws into a uniform law.

Constitutional Provision

• Part 4 (Article 44): Article 44 of the Indian Constitution mentions the Uniform Civil Code under the Directive Principles of State Policy. It states that the State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India.

Why is there a need for a Uniform Civil Code?

• Gender Equality: Uniform Civil Code can promote the rights of women and provide them equal rights as men.
• Freedom from Religious Fundamentalism: Uniform law can help in reducing religious fundamentalism and ensure equal justice for all citizens.
• National Integration: Uniform law can promote national integration and enhance social harmony in the country.
• Need of Modern India: The Uniform Civil Code will suit the needs of modern India and will help in making the country a developed nation.

Controversies and challenges

• The Uniform Civil Code is a controversial issue. Some consider it essential for the unity and equality of the country, while others consider it an infringement on religious freedom. Moreover, there are many challenges in implementing such a comprehensive law, such as accommodating different religious traditions and customs.

Arguments in favour of Uniform Civil Code

• National Integration: A uniform law will give equal status to all citizens and strengthen national integration.
• Gender Equality: A uniform civil code will provide equal rights to women as men and reduce gender discrimination.
• Religious fundamentalism: A uniform law will help reduce religious fundamentalism and promote religious tolerance.
• Need of Modern India: A uniform law will suit the needs of modern India and will be helpful in the development of the country.
• Legal Complexities: Legal complexities often arise due to different personal laws of different religions, which can be overcome by a uniform civil code.

Arguments against Uniform Civil Code

• Religious freedom: Some people believe that the Uniform Civil Code will infringe upon religious freedom and prevent people from living according to their religious beliefs.
• Cultural diversity: India is a multicultural country and different religions have different personal laws reflecting their cultural identity. The Uniform Civil Code may reduce this diversity.
• Interests of minorities: Minority communities believe that the Uniform Civil Code will affect their interests and weaken their social and religious structure.
• Sudden change: Sudden implementation of the Uniform Civil Code may create instability in society and it will take time for people to adapt to it.

Important Supreme Court cases related to Uniform Civil Code

• Shah Bano v. Union of India (1985)
• Shabnam Hashmi v. Union of India (2014)