The story so far:
Union Home Minister Amit Shah has indicated that the Uniform Civil Code (UCC) would be implemented in all 21 NDA-ruled States by 2029. Uttarakhand has had a UCC in force since January 2025, while UCC bills passed by the legislatures of Assam, Gujarat and Madhya Pradesh are awaiting Presidential assent.
The Constitution makers were divided over including a UCC in the Constitution. Some wanted it to be made a Fundamental Right to ensure uniformity in civil laws and secure equal rights for women. However, many members of the Muslim community were not in favour of including it in the Constitution as they felt that a uniform civil code would violate the fundamental right to religion that is guaranteed in Part III. Finally, the provision relating to UCC was placed in the non-justiciable Part IV – Directive Principles of State Policy. The most important reason to reform civil laws is to ensure equal rights for women in matters of marriage, divorce, maintenance, and inheritance. However, there is resistance to the UCC among minorities, particularly Muslims. In the Constituent Assembly, Dr. B.R. Ambedkar advocated a UCC but suggested that it could remain voluntary. It argued instead for reforming discriminatory provisions across personal laws. The emphasis should be on achieving ‘equality within communities’ between men and women rather than ‘equality between communities. The report recommends legislative reforms required in various personal laws with respect to marriage, divorce, custody, adoption, maintenance, succession and inheritance, that would ensure gender justice. The suggestions of the Law Commission should be considered while legislating and implementing reforms in personal laws.
The right to religion under Article 25 is subject to constitutional morality and other fundamental rights, including equality. In Section 6A of the Citizenship Act, 1955 (2024) case, the Supreme Court held that practices such as casteism and gender discrimination, which run against the spirit of the Constitution, would not receive protection under Article 29. Thus, reforms in personal laws should not be viewed as violating Articles 25 and 29, as they uphold women’s equality, an essential facet of constitutional morality. On the other hand, the Law Commission in its Consultation Paper on Reform of Family Law (2018) opined that a UCC was neither necessary nor desirable at this stage.
He said Parliament could provide for the UCC to apply to citizens who declare they are willing to be bound by it.
