EXPLAINED | What is Uniform Civil Code, which countries follow it and why it is controversial

Prime Minister Narendra Modi triggered a political firestorm with his comments on Uniform Civil Code (UCC).  While addressing booth-level workers of his party in Bhopal on Tuesday, PM Modi argued that India needed UCC as the country could not run with the dual system of “separate laws for separate communities”.

The implementation of Uniform Civil Code is a very sensitive issue in India as several minority communities have often opposed any such move. But the debate around UCC has been ever-present in Indian politics.

The ruling Bharatiya Janata Party (BJP) had promised the implementation of Uniform Civil Code if it comes to power in its 2019 Lok Sabha election manifesto. PM Modi’s comments have revived the UCC debate at a time when the country is gearing up for Assembly polls in five states and the 2024 General Elections. 

The 22nd Law Commission of India had recently sought fresh suggestions from various stakeholders on the Uniform Civil Code. So, it is possible that the Centre may try to implement it soon.

Let us take a look at the concept of Uniform Civil Code and the controversy around it.

What is the concept of Uniform Civil Code?

The Uniform Civil Code (UCC) provides the formulation of a common set of laws in personal matters such as marriage, inheritance, divorce, and adoption for the entire country as against the prevailing judicial regime of separate religious personal laws. 

The Uniform Civil Code would be applicable to all religious and tribal communities. This essentially means that existing personal laws like the Hindu marriage act (1955), the Hindu succession act (1956), and the Muslim personal law application act (1937) will technically become void.

Article 44 of the Indian constitution has mandated the state to endeavour towards implementing Uniform Civil Code for the citizens throughout the territory of India.

Therefore, it can be said that the idea to have a uniform set of laws governing personal matters for all citizens, irrespective of their religious affiliations, is enshrined in the Constitution.

Countries following Uniform Civil Code

Uniform Civil Code is followed in countries like US, Pakistan, Bangladesh, Malaysia, Turkey, Indonesia, Egypt and Ireland. All these countries have one set of personal laws for all religions and there are no separate laws for any particular religion or community.

What opposition says on Uniform Civil Code

The opposition parties have opposed the implementation of a Uniform Civil Code. They have argued that it could scuttle the cultural fabric of the country and impinge upon the freedom of its citizens practise the religion of their choice.

Senior Congress leader P Chidambaram said that a Uniform Civil Code may widen divisions in the society. “The Hon'ble PM is making it appear that UCC is a simple exercise. He should read the report of the last Law Commission that pointed out it was not feasible at this time The nation is divided today owing to the words and deeds of the BJP. A UCC imposed on the people will only widen the divisions," Chidambaram tweeted.

All India Majlis e Ittehadul Muslimeen chief Asaduddin Owaisi has made a similar argument in response to PM Modi’s comments. Owaisi contended that PM should first clarify whether he could abolish the Hindu United Family tax exemptions.

At the same time, the Aam Aadmi Party (AAP) have affirmed that they support the concept of UCC in principle. "The government should hold extensive consultations on the proposal with all stakeholders, including political parties and non-political entities," AAP national general secretary (organisation) Sandeep Pathak said.

National Conference leader Farooq Abdullah said, "They [Centre] should rethink about it. This is a diverse nation, people of different races and religions live here and Muslims have their own shariah law."