What is Uniform Civil Code Under Article 44? Meaning, Purpose, Importance, Pros & Cons

In India, the Uniform Civil Code (UCC) has been one of the intense subjects of discussion for over a decade. It took centre stage when Prime Minister Narendra Modi mentioned the importance of UCC in his Independence Day speech. 

However, the implementation of UCC poses severe hurdles as a result of the cultural and religious diversity present in India. In this article, we have discussed the following:

• Meaning of the Uniform Civil Code (UCC)
• Significance of UCC 
• Purpose of UCC 
• Arguments for and against UCC 
• Pros and cons of UCC
• Goa Civil Code

Uniform Civil Code: Meaning

Uniform Civil Code (UCC) is a legal framework which provides uniform personal laws across the country. It is a set of uniform laws regarding various matters like inheritance, marriage, adoption, succession, divorce, maintenance and inheritance applicable to all citizens irrespective of their religion, community, race, sex and caste.

The Uttarakhand Government passed the Uniform Civil Code of Uttarakhand Act, 2024, and the Uniform Civil Code Rules Uttarakhand, 2025, making it the first state in India to implement and enforce the Uniform Civil Code applicable to all residents of the state.

Uniform Civil Code article: Article 44

This Uniform Civil Code (UCC) comes under Article 44 of the Indian constitution which refers to directive principles of state policy. Article 44 provides that the state shall undertake to offer a unified set of laws to its citizens within the Indian boundaries. 

The Constitution of India provides that the Directive Principles of State Policy (DPSP) is not enforceable in legal terms but can always be considered a guiding principle for the government. Thus, although the constitution provides that a Uniform Civil Code should be implemented, it does not make its implementation mandatory.

Goa Civil Code

Goa follows a uniform civil code for common family laws in the form of the Portuguese Civil Code. The Portuguese Civil Code was introduced in the 19th century in Goa and remains effective even today.

The features of the Goa Civil Code or the Portuguese Civil Code are as follows:

• The Goa Civil Code provides for the equal division of income and property between husband and wife and their children, irrespective of gender.
• The parents must pass on atleast half of their property to their children and the inherited property is shared equally between the children. Thus, parents cannot disinherit their children entirely from their property.
• All births, deaths and marriages must be compulsorily registered in Goa.
• After marriage, all properties owned or acquired by each spouse is commonly held by them.
• Muslims who have registered their marriages in Goa cannot practice polygamy and cannot take a divorce through triple talaq.
• In case of divorce, each spouse is entitled to half of the property. In case of death, the property ownership is halved for the surviving member.

However, the Goa Civil Code is not strictly a Uniform Civil Code. It has its own drawbacks too. For example: A Hindu man has the right to bigamy under specific circumstances mentioned in Codes of Usages and Customs of Gentile Hindus of Goa (in case a wife does not deliver a child by the age of 25, or if does not deliver a male child by the age of 30). However the law prohibits polygamy for other communities.

Purpose of Uniform Civil Code

The Uniform Civil Code was proposed to be implemented with the purpose to replace personal laws applicable to each religious community based on customs and scriptures. It states the implementation of a unified set of laws intending to govern each and every citizen.

Currently, there are many separate personal laws for Hindus, Muslims and other religious communities.

Importance of Uniform Civil Code

Listed below are the significant benefits of adopting the Uniform Civil Code in India:

To promote equality

In today's modern era, a secular democratic country like India should establish uniform civil and personal laws for every citizen. Laws should not be different for every religion, class, caste, gender, sex, or race.

To support national integration

When criminal laws and civil laws are concerned, all Indians must be treated equally by the court except these personal laws. Therefore, the implementation of the UCC can eliminate discrimination among different religious communities.

To bring gender parity

It is a common observation that the personal laws of almost all religions are biased towards men. Women are usually discriminated against during succession or inheritance. UCC has the potential to bring gender parity.

To moderate loopholes in personals laws

The personal laws of different religions have some serious problems due to their favouritism towards the patriarchal concept of society. Implementing common laws can eliminate such loopholes or biases among Indian citizens.

Arguments In Favour and Against Uniform Civil Code

Here are some of the popular arguments in favour of the Uniform Civil Code (UCC):

Integrates India 

India is a country with diverse customs, religions and practices. The introduction of the Uniform Civil Code will help to integrate India by bringing every Indian, irrespective of his/her caste, religion or community, under one national civil code of conduct.

Addresses loopholes in personal laws 

Currently, there are many loopholes in the personal laws of different religions and contains throusands of years old values which are redundant with the current times. A Uniform Civil Code will help to address and remove outdated laws and frame new ones which are more revelant with the current era.

Women are given rights

Personal laws contain old religious rules governing the family life which promote gender inequality towards women. A Uniform Civil Code will help in improving the condition of women in India by providing gender neutral laws.

Simplifies legal aspects

The codification and unification of various personal laws existing in India will result in a orderly legal system. It will help to reduce the existing confusion and enables efficient legal administration of personal laws by the judiciary.

Here are some of the popular arguments against the Uniform Civil Code (UCC):

Goes against the right to freedom of religion

The right to the freedom of religion is one of the basic rights to which every Indian citizen is entitled. But some people have a strong opinion that the implementation of the Uniform Civil Code can infringe on this right.

Absence of consensus

It is quite obvious that there will be a lack of consensus because it is ultimately the difference of beliefs and ideology that affect a person’s morality. This factor can again make the take of UCC implementation difficult.

Diversity in religion and culture 

India is a country where people with diverse cultures and religions live together. Therefore, a unified set of laws can be a severe threat to diversity and existing unity.

Pros and Cons of the Uniform Civil Code

Each and every coin has two sides; Similarly, UCC also comes with a positive and a negative side. Listed below are the pros and cons of the Uniform Civil Code:

Pros of UCC

Secularism 

Implementation of UCC in India would promote secularism, ensuring that the same rule applies to all citizens. Such type of approach can eliminate selective secularism. Selective secularism means partiality towards the religious majority and minority. By treating every individual equally, the UCC can maintain a fair principle of secularity.

Equality 

All Indians must be treated equally and a Uniform Civil Code enables this. In the current scenario, the personal laws of the religious communities lack parity. For instance, Muslims can have multiple marriages in India. On the other hand, a Hindu or Christian doing the same can face legal consequences.

Such inequalities contradict the idea of equality in our country. Therefore, through the establishment of uniform laws related to marriage, inheritance, family matters, and land ownership, UCC can ensure that every Indian is treated equally.

Gender equality 

The UCC implementation would grant more rights to Indian women and improve their overall rights. A Uniform Civil Code would challenge obsolete traditions, and provide fair treatment and equal rights to women in today's society.

Cons of UCC

Difficulties due to religious diversity 

It is practically difficult to set up a common and uniform set of rules for personal matters such as marriage. It is a particularly challenging task in India due to the immense cultural diversity prevalent across the country.

Sensitive task 

This task of implementing UCC will demand enormous time and human resources. Therefore, it is the duty of the government to be unbiased and sensitive while taking each step of this.

Way Forward for UCC in India

India has different personal laws for Hindus, Muslims, Christians and Parsis. There is no single law for all Indians applicable to all religious communities co-existing in India. By codifying laws and introducing a Uniform Civil Code, universal principles that promote fairness amongst all religious communities can be established.

However, the Uniform Civil Code must be consolidated after coming into a consensus by political and intellectual leaders. It involves the participation of various stakeholders, including inter-faith dialogues to prevent social discord. It must also consider the impact on the marginalised and vulnerable communities and incorporate provisions for them.

To conclude, the implementation of a Uniform Civil Code (UCC) has the potential to enhance both secularism and national integrity in India. However, it is yet to be seen whether a country as culturally diverse as India can successfully implement UCC without encountering some repercussions.