Debate around a Uniform Civil Code has again gathered steam with the Union Home Minister Amit Shah announcing it would be rolled out in all NDA-led states by 2029. A dispassionate look at the UCC reveals an underlying promise of equality—a fundamental right guaranteed by the Constitution. Under the non-justiciable Directive Principles, Article 44 also urges the State to “endeavour to secure” a UCC for the citizens. But such a push got entangled in various personal laws brought about for the country’s diverse, multi-religious society. The apprehension at present is more about the intent behind implementing a UCC than its basic principle.
A UCC would replace major personal religious laws governing significant life events. And this is where scepticism regarding a probable hidden agenda creeps in. For those opposing it, a UCC would severely compromise on religious identity and curb religious freedom. They argue it would contravene Article 25, which guarantees the right to freely practise and propagate religion. They also view it as the BJP’s attempt to implement one of the three major ideological milestones it had promised to meet, alongside construction of the Ram Temple at Ayodhya and abrogation of Article 370 for Jammu & Kashmir. That’s why, more than UCC itself, the problem lies in the detractors’ lack of trust in those implementing it.
The primary tenet of the UCC, as envisioned by the Constitution’s authors, was equality. It would challenge biased laws that deprive women of equal rights in marriage, divorce, inheritance, adoption and maintenance. But ironically, behind all the political bluster, the UCC has lost its lustre. It has been implemented in Uttarakhand in January 2025. Gujarat, Madhya Pradesh and Assam have passed similar laws, while Rajasthan, Maharashtra, West Bengal and Chhattisgarh have begun the process of drafting such codes. Some state-wise exceptions have been carved out, especially for tribal communities. Goa remains the only state to have a UCC from the colonial era.
If the NDA is indeed keen to roll out a UCC across the nation, it must first win the confidence of the people, be transparent in its objective, and hold public discussions with community, religious, civil society, industry and women’s group leaders. The trust deficit is evident even in NDA constituent JD(U) reiterating its opposition to a UCC in Bihar. Ultimately, a parliamentary route would be a clearer way to attain something the Constitution urges lawmakers to consider.
