Allahabad High Court’s decision on Uniform Civil Code

Context

Stating that the Uniform Civil Code “is a necessity and mandatorily required today”, the Allahabad High Court has called upon the Central Government to forthwith initiate the process for its implementation.

What is a Uniform Civil Code?

• A Uniform Civil Code is one that would provide for one law for the entire country, applicable to all religious communities in their personal matters such as marriage, divorce, inheritance, adoption etc.
• Article 44, one of the directive principles of the Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
  • Article 44 is one of the Directive Principles of State Policy (DPSP).
• These, as defined in Article 37, are not justiciable (not enforceable by any court) but the principles laid down therein are fundamental in governance.

 Need of Uniform Civil Code

• A common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies.
• UCC would provide equal status to all citizens.
• It would promote gender parity in Indian society.
• UCC would accommodate the aspirations of the young population who imbibe liberal ideology.
• Its implementation would thus support national integration.

Challenges

• Communal Politics: The demand for a uniform civil code has been framed in the context of communal politics.
  • A large section of society sees it as majoritarianism under the garb of social reform.
• Constitutional Hurdle: Article 25 of Indian Constitution that seeks to preserve the freedom to practise and propagate any religion gets into conflict with the concepts of equality enshrined under Article 14 of Indian Constitution.