A Uniform Civil Code administers the same set of secular civil laws to govern all people irrespective of their religion, caste and tribe. The need for such a code takes in to account the constitutional mandate of securing justice and equality for all citizens.
A uniform criminal code is applicable to all citizens irrespective of religion, caste, gender and domicile in our country. But a similar code pertaining to marriage, divorce, succession and other family matters has not been brought in to effect.
Article 44 of the Directive Principles (DPSP) in the Constitution says the “State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India.”
The objective of this endeavour should be to address the discrimination against vulnerable groups and harmonise diverse cultural practices.
Supreme Court of India on Uniform Civil Code
The Supreme Court for the first time directed the parliament to frame a Uniform Civil Code in 1985 in the case of Mohd Ahmed Khan v Shah Bano Begum.
In Sarla Mudgal v Union of India 1995, Justice Kuldip Singh reiterated the need for the Parliament to frame a Uniform Civil Code, which would help the cause of national integration by removing contradictions based on ideologies.
Therefore, the responsibility entrusted on the State under Article 44 of the Constitution whereby a Uniform Civil Code must be secured has been urged by the Supreme Court repeatedly as a matter of urgency.
If Uniform Civil Code’s implemented, it will -
Provide equal status to all citizens
Promote gender parity
Accommodate the aspirations of the young population
To support the national integration
Bypass the issue of reform of existing personal laws
Arguments against the Uniform Civil Code are-
It will pose practical difficulties due to diversity in India.
Common perception about UCC as the encroachment on one’s religious freedom.
It is regarded as the interference of State in personal matters.
It is a sensitive and tough task to implement as the masses are not ready to intake such reforms.