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02 Mar 2026
GS Paper 2
Polity & Governance
Q. “The Uniform Civil Code is the need of the hour.” Analyze the given statement. (Answer in 125 words)
Approach:
- Briefly define UCC in introduction.
- State its relevance in the present democratic setup.
- Mention the challenges that can hinder its implementation.
- Conclude accordingly.
Introduction
A Uniform Civil Code (UCC) refers to a set of laws that applies equally to all citizens, regardless of their religion, ensuring uniformity in matters like marriage, divorce, maintenance, inheritance, adoption, and succession of property.
Body
Relevance of UCC for a Secular India:
- Strengthening Secularism: A Uniform Civil Code (UCC) promotes equality by ensuring a common legal framework for all citizens, irrespective of religious practices.
- Ensuring Gender Justice: Religious laws often restrict women’s rights, as seen in practices like triple talaq. A UCC would ensure equal rights for women across all communities.
- Aligning with Constitutional Vision: Many religious practices conflict with the Constitution’s principles of equality, liberty, and justice. A UCC would uphold these fundamental rights.
- The Supreme Court has repeatedly called for a UCC, citing cases like Shah Bano (1985), Sarla Mudgal (1995), and Goa’s Portuguese Civil Code as models for nationwide reform.
Challenges in Implementing UCC:
- Forming Common Laws: Creating uniform laws for all communities is challenging due to the diversity of religious practices and sentiments.
- Cultural Diversity: India’s pluralism may be compromised by enforcing a single code, risking the erosion of cultural identities.
- Threat to Integrity: UCC faces opposition from various cultural groups, which could fuel communalism and regionalism, potentially threatening national unity.
- Politicization: UCC is often seen as imposing majoritarian views on minorities, creating political resistance.
- Religious Freedom: UCC may conflict with Article 25, which protects the right to practice religion freely.
- Directive Principles of State Policy’s (DPSP) Non-Justiciability: Article 44, which advocates for UCC, is part of the Directive Principles of State Policy, which are non-binding guidelines, not enforceable laws.
The 2018 Law Commission deemed UCC “neither necessary nor desirable” at this stage. Instead, codifying personal laws could expose biases, allowing for reforms based on constitutional rights. The judiciary and legislature should continue gradual reforms of discriminatory practices, as seen with the Triple Talaq law.
