A Uniform Civil Code would ensure legal certainty in personal laws, providing a clear and consistent framework that applies to all citizens regardless of religion. (Getty file for representation)
While the diversity of India’s cultural and religious traditions is a source of strength, it is essential to recognise that the legal system must evolve to reflect modern values of equality, justice, and human rights
In his Independence Day address on August 15, 2024, the Prime Minister underscored a critical issue that has long lingered in our national discourse: the need for a Uniform Civil Code. It’s time we move beyond these divisive laws that foster inequality and embrace a truly Secular Civil Code — one that upholds the principles of justice, equality, and unity, as envisioned by the framers of our Constitution.
A Uniform Civil Code would ensure legal certainty in personal laws, providing a clear and consistent framework that applies to all citizens regardless of religion. In its current state, India’s legal system lacks uniformity in personal laws, leading to confusion, unpredictability, and legal uncertainty. The rule of law requires that laws be applied consistently across the board, and a UCC would eliminate the current disparities.
The Supreme Court has consistently emphasised the imperative of implementing a UCC to achieve legal uniformity across the diverse populace, transcending religious and cultural distinctions. In Jose Paulo Coutinho vs. Maria Luiza Valentina Pereira & Anr. (2010), Justice Deepak Gupta underscored the judiciary’s long-standing concern regarding the absence of a UCC, despite the successful codification of Hindu personal laws in 1956. The judgement highlights the incongruity between the codification of laws for the Hindu majority and the continued reliance on disparate personal laws for other communities, which remains unaddressed despite earlier judicial exhortations in landmark cases such as Mohd. Ahmed Khan vs. Shah Bano and Sarla Mudgal & Ors. vs. Union of India & Ors. These rulings collectively reflect the Supreme Court’s recognition of the systemic inequalities perpetuated by the current legal framework, where different personal laws create inconsistencies that undermine the constitutional principle of equality before the law, as enshrined in Article 14 of the Constitution.
Subsequent judicial pronouncements have further substantiated the necessity of a UCC, highlighting its role in rectifying the legal anomalies inherent in the existing system of personal laws. In Sarla Mudgal, the court explicitly stated that with over 80 per cent of the population already governed by codified personal laws, the continued deferment of a UCC lacks rational justification and perpetuates legal fragmentation. This view has been reinforced in cases like Lily Thomas vs. Union of India (2000), John Vallamattom vs. Union of India (2003), and Pannalal Bansilal Pitti vs. State of Andhra Pradesh (1996), where the Supreme Court reiterated that the absence of a UCC exacerbates disparities in legal rights and obligations, thus contravening the constitutional mandate for uniformity in the application of laws. The judiciary’s consistent advocacy for a UCC underscores its belief that a uniform legal framework ensures equitable justice and legal certainty.
The legal philosopher Lon L. Fuller, in his Eight Ways to Fail to Make Law, emphasises that laws must be general, public, clear, stable, and consistent in order to be just. The fragmentation of personal laws in India violates these principles, creating a legal environment where justice is contingent on one’s religious identity rather than the uniform application of the law. A UCC would rectify this by ensuring that all citizens are subject to the same legal standards in matters of personal law, thereby upholding the rule of law.
A Uniform Civil Code would also play a crucial role in promoting social cohesion and national integration. In a diverse country like India, where religious identities are deeply ingrained, the existence of separate personal laws can contribute to social fragmentation and communal tensions. By unifying these laws under a common civil code, the state can reinforce the idea of a common national identity, where all citizens are equal under the law.
Benedict Anderson’s concept of “imagined communities” suggests that nations are socially constructed communities imagined by those who perceive themselves as part of that group. A Uniform Civil Code would contribute to this national unity by creating a shared legal framework that transcends religious and cultural differences, fostering a more cohesive and integrated society.
Further, Jean-Jacques Rousseau’s social contract theory, centred on the general will and the pursuit of equality under the law, provides a compelling philosophical foundation for implementing a UCC. Rousseau suggested that individuals collectively agree to form a society governed by common laws that reflect the collective interest, thereby ensuring justice and equality for all. In this context, a UCC, by harmonising personal laws across different religious and cultural groups, serves as a modern embodiment of Rousseau’s principles. It eliminates legal disparities rooted in religious or community-specific codes. Thus, it reinforces the egalitarian tenets of the social contract.
While the diversity of India’s cultural and religious traditions is a source of strength, it is essential to recognise that the legal system must evolve to reflect modern values of equality, justice, and human rights. A Uniform Civil Code would balance respecting cultural diversity and ensuring that all citizens are treated equally under the law. It would provide a common legal foundation while allowing for the preservation of cultural practices within the broader framework of human rights and constitutional principles.
Aditya Sinha (X:@adityasinha004) is OSD, Research at Economic Advisory Council to the Prime Minister. Views expressed in the above piece are personal and solely those of the author. They do not necessarily reflect News18’s views.