On January 27, the Uttarakhand government introduced a Uniform Civil Code (UCC), becoming the first state in independent India to do so. Goa already follows a UCC, but that is based on an old Portuguese law from 1967.
This development needs to be looked at from two angles: why it was introduced and whether it is truly beneficial.
Why was the UCC introduced?
The Bharatiya Janata Party (BJP) has long wanted a nationwide UCC, along with other goals like building the Ram temple in Ayodhya. Many BJP-led states, such as Assam, Haryana, Karnataka, Madhya Pradesh, Maharashtra, and Uttar Pradesh, have also discussed implementing it.
However, there is a contradiction in how the UCC has been applied. In Uttarakhand, Scheduled Tribes (STs) are exempt from the UCC, even though they make up a very small percentage of the population. This suggests that the BJP is willing to make exceptions when it suits them politically.
In states with large tribal populations, imposing a UCC would be much harder. For example, in Jharkhand, ahead of elections, Home Minister Amit Shah even suggested a separate religious code for tribal people.
This raises a big question: Is the UCC really about uniformity, or is it just a way to target India’s largest minority, Muslims? Many BJP governments have also passed strict anti-conversion laws, mainly affecting Christians.
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Does the UCC really help women?
One of the main arguments in favour of the UCC is women’s empowerment. Uttarakhand banned polygamy, made divorce laws uniform, and ensured equal inheritance rights for men and women. While these changes sound positive, many laws protecting women’s rights already exist.
A major improvement in the new law is that all children, including those born to unmarried couples, now have equal inheritance rights. However, this progress is undermined by a rule that forces live-in couples to register with the government. The Chief Minister claims this is to prevent domestic violence, but it could be a violation of privacy.
Another key issue is that while Muslim personal laws are being changed, Hindu laws, like the Hindu Undivided Family (HUF) tax benefits, remain untouched. This shows that the UCC is not truly uniform but selectively applied.
Also Read: UCC implemented in Uttarakhand, simplifies marriage laws
Is a UCC necessary?
In 2018, the 21st Law Commission, led by Justice B.S. Chauhan, reviewed the idea of a UCC and rejected it as "unnecessary" and "undesirable." The reason? India is too diverse for a single set of personal laws to work fairly for everyone.
The truth is, women’s rights should be strengthened, but a UCC is not the only way to do it. Instead of rushing into such a law, the government should consult experts and communities to ensure fairness for all citizens.
Also Read: Uttarakhand becomes first state to implement Uniform Civil Code
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