Uniform Civil Code

Uniform Civil Code of the Indian constitution ought to be seen as a code of civil rights uniform for all citizens of India and not a code seeking the uniformity of religious beliefs, as some seek to suggest.

‘Uniform Civil Code’ attempts to consider the civil laws of the various communities in India and codify them into a single civil code (not religious code) applicable and affordable to all citizens. A State would require a cardinal reference point if it is to successfully carry out its functions of governance. This cardinal reference point in the context of India has undoubtedly be its Constitution, not the religious laws of any particular community.

The attempt to achieve a Uniform Civil Code should not lead to a trammelling of rights of its citizens and communities. To create uniformity one need not wipe out individuality. It would be truer of its intentions if the expression ‘Uniform Civil Code’ is amended to read ‘Code of Uniform Justice'.

Uniform Civil Code should reflect the spirit of the constitution, which guarantees equal rights to all citizens. Such a Code would iter-alia ensure that no personal law of any community infringes upon the constitutional rights of any citizen. Wherever such infringement occurs, the concerned contradictory clauses in the personal law would have no legal validity as far as the Indian state is concerned. Thus, such personal laws would have to be either suitably amended to be in tune with the constitutional law or be non-binding on anyone in the name of religion or community. It should be made clear that the uniformity sought is vis-à-vis constitutional justice and not with a view to trammel upon differences among communities in matters pertaining to religion to produce an undifferentiated lump of laws akin to having a single capsule for all diseases.