NEW DELHI: UCC bill was proposed in 2019 and 2020 but withdrawn. Discussions continue, focusing on equal inheritance and secular laws.
In a bold move, Prime Minister Narendra Modi highlighted the Uniform Civil Code (UCC) during his speech from the Red Fort. He emphasised that now is the right time for India to adopt the UCC for the betterment of the nation.
During his address on the 78th Independence Day, the Prime Minister underscored the Supreme Court’s repeated discussions and directives on the UCC, stating, “The Supreme Court has repeatedly addressed the Uniform Civil Code and issued directives multiple times.” He stressed that the implementation of the UCC is crucial and has strong support from the judiciary.
PM Modi further asserted that the nation must transition to a civil code that is “secular” rather than “communal,” describing the current civil code as divisive. “Many people in the country—and this is true—believe that the Civil Code we currently follow is, in fact, a communal one,” he said.
The Prime Minister also called for public input and suggestions on the UCC. “There should be widespread discussions, and everyone should share their opinions. Laws that divide the country along religious lines must be abolished, as they have no place in a modern society. The time has come for a secular civil code, which will free us from religious discrimination,” he urged.
This marks the first time the Prime Minister has spoken about the UCC during an Independence Day address. He highlighted that citizens have been governed by a communal civil code for 75 years and stressed the need for a secular civil code to eliminate religious discrimination. “It is imperative that we establish a secular civil code in the nation. Only then can we eliminate discrimination based on religion,” he emphasised.
The Bharatiya Janata Party (BJP) is the only party that has consistently voiced its support for the UCC and has promised to implement it when in power. The UCC is one of the three key agendas the BJP has aimed to deliver, with the other two—Article 370 and the construction of the Ram Temple—already fulfilled. The Prime Minister’s mention of the UCC in his speech strongly indicates that the BJP will move forward with its implementation, as it has been included in the BJP’s 2024 Lok Sabha election manifesto. The BJP promotes the UCC as a means of achieving religious equality and equal rights for women by addressing unfair religious laws. The party believes that gender equality cannot be achieved until India adopts a uniform civil code that protects the rights of all women and reiterates its commitment to creating a UCC that draws upon the best traditions while harmonising them with modern times.
The Uniform Civil Code (UCC) aims to establish a common set of laws for all citizens, irrespective of their religion, addressing matters such as marriage, divorce, inheritance, succession, and adoption. The objective is to implement secular laws that supersede religious laws in these areas.
The term “Uniform Civil Code” is referenced in Part 4, Article 44 of the Indian Constitution, which states, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
A UCC bill was proposed twice, in November 2019 and March 2020, but both times it was withdrawn without being introduced in Parliament. The bill is reportedly under discussion between the Bharatiya Janata Party (BJP) and the Rashtriya Swayamsevak Sangh (RSS). The UCC proposals include provisions for monogamy, equal rights for sons and daughters in inheriting paternal property, and gender- and religion-neutral laws concerning wills, charity, divinity, guardianship, and custody. These changes may not significantly affect Hindu society, as similar laws have already been in place for Hindus through the Hindu Code Bills for decades.
At present, the UCC is implemented only in Goa. However, on February 7, 2024, the Uttarakhand Assembly passed the Uniform Civil Code of Uttarakhand Act, 2024, making Uttarakhand the first state in India to enact a law on the Uniform Civil Code.
BJP’s minority wing chief, Jamal Siddiqui, told The Sunday Guardian that the Prime Minister’s move was commendable. He stated, “If our country is secular, we should move towards a secular civil code.” He emphasised that the party wants to be transparent and ensure everyone understands that this code will benefit every individual in the nation. “Even our slogan, ‘Sabka Saath, Sabka Vikas,’ reflects this message,” Siddiqui said.
He noted that while the message remains the same, how it is communicated matters. “The way it is expressed is crucial for better understanding. I applaud the Prime Minister for making the civil code discussion accessible to the people,” Siddiqui added, reiterating that since the country is secular, any civil code should also be “secular.”
R.P. Singh, BJP national spokesperson, told the newspaper that the Prime Minister’s speech was in the nation’s best interest. He stressed that the law should not differentiate between people, particularly criticising Sharia law, which he said discriminates against women. “The nation cannot be governed by laws that allow unilateral divorce and polygamy based on religion,” Singh stated.
Instead, he emphasised the need for a secular law that applies equally to all citizens, regardless of their religion, which can only be achieved through the adoption of a uniform civil code. This law, he noted, would restrict polygamy and ensure equal inheritance rights for daughters. Singh added that the best aspects of all religions should be incorporated, but the laws must be equal for all women, which is why a secular legal framework is essential.
Shazia Ilmi told The Sunday Guardian that the BJP is committed to fulfilling the promise made by Baba Saheb Ambedkar and the members of the Constituent Assembly, who believed that a uniform civil code should be implemented later. She emphasised that the BJP is dedicated to realising this vision and ensuring that the promise made by the Constituent Assembly is kept for all women in India, including Muslim, Parsi, Sikh, and Buddhist women. Ilmi mentioned that whether it is called a Uniform Civil Code or a Secular Civil Code, the concept remains the same—the only difference is in the terminology. She expressed confusion over why opposition parties have an issue with the term “secular,” especially since it was Indira Gandhi who added the word “secular” to the preamble of the Constitution. Ilmi argued that there is nothing more secular than this constitutional mandate, which is part of the Directive Principles in Article 44, aimed at ensuring equal rights for all women, regardless of religion. She stressed that personal laws must be codified to guarantee justice and gender equity for all women in the country.