In his Independence Day address from the iconic Red Fort, Prime Minister Narendra Modi delivered a forceful appeal for the implementation of a Uniform Civil Code (UCC) in India, a move he argued is essential for promoting national unity and eliminating religious discrimination. He labeled the current civil code as "communal," asserting that it perpetuates divisions within Indian society rather than fostering a sense of equality and justice for all citizens.
PM Modi pointed out that the Supreme Court of India has consistently supported the idea of a UCC, having discussed it on multiple occasions and issued directives that underline its importance. He emphasized the urgency of moving away from the existing civil code, which he described as inherently divisive. "A large section of the country believes—and it is true—that the Civil Code that we are living with is actually a communal civil code in a way," the Prime Minister stated, underscoring the widespread perception that the current legal framework is biased and perpetuates inequality.
The Prime Minister went on to stress that India has been governed by this communal civil code for 75 years, and it is now imperative to adopt a secular civil code that treats all citizens equally, regardless of their religious affiliations. "I would say that it is the need of the hour that there be a Secular Civil Code in the country...only then would we be free of discrimination on the basis of religion," PM Modi declared, emphasizing that a UCC is not just a legal necessity but a moral and social one as well.
The Uniform Civil Code is a proposed set of laws intended to replace the current system of personal laws, which vary according to religious community, with a single, uniform set of laws applicable to all citizens. These personal laws currently govern matters such as marriage, divorce, inheritance, and adoption, and are different for Hindus, Muslims, Christians, and other communities. The UCC aims to create a cohesive legal framework that applies uniformly to all citizens, thereby promoting equality, reducing legal disparities, and ensuring that all individuals are treated equally before the law.
Article 44 of the Indian Constitution, which falls under the Directive Principles of State Policy, envisions the UCC as a long-term goal for the Indian state. It urges the government to work towards securing a uniform set of personal laws for all citizens, thereby advancing the cause of national integration and equality. The Supreme Court has periodically reiterated the need for a UCC, arguing that such a legal framework would help eliminate the contradictions inherent in the current system of personal laws and would strengthen the unity of the nation.
Despite the constitutional mandate and the Supreme Court's support, the implementation of the UCC has been a contentious issue, largely due to the political and social sensitivities involved. Different religious communities have expressed concerns that a uniform code might infringe on their cultural and religious practices. However, proponents of the UCC, including PM Modi, argue that a common legal framework is essential for ensuring that all citizens are treated equally under the law and for promoting a sense of national unity.
In the run-up to the 2024 Lok Sabha elections, the Bharatiya Janata Party (BJP) has reiterated its commitment to implementing the UCC if it secures a third consecutive term in office. This promise has been a recurring theme in the party's manifestos and speeches, reflecting its long-standing position on the issue. Currently, Uttarakhand is the only state in India to have enacted a UCC law, setting a precedent that the central government hopes to follow on a national scale.
PM Modi’s call for a Uniform Civil Code is likely to reignite the debate on this issue, which has been a topic of discussion in Indian politics for decades. While the proposal has its supporters, who see it as a step towards greater equality and national integration, it also faces significant opposition from those who fear it could erode religious freedoms and disrupt the social fabric of the country. As the nation moves closer to the 2024 elections, the UCC is expected to be a key issue, reflecting broader debates about the balance between secularism, equality, and religious rights in India.
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