Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as…

Question

Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy.

Ghissu Editorial · Accepted Answer

India has not enacted a uniform civil code because plural personal laws, minority fears of assimilation, tribal customary safeguards, non-justiciability and electoral caution stand in the way. The 21st Law Commission (2018) even called a UCC neither necessary nor desirable at that stage.

**Introduction**

Article 44 asks the State to endeavour to secure a uniform civil code, yet personal laws still govern marriage, divorce and succession, despite judicial nudges from Shah Bano (1985) to Sarla Mudgal (1995).

**Socio-cultural Factors Inhibiting a Uniform Code**

SKETCH: fishbone | Why No Uniform Civil Code
effect: Article 44 unrealised
- Plural personal laws
- Minority identity fears
- Tribal customary law
- Articles 25-29 rights
- Vote-bank politics
- No draft code

1. **Legal pluralism**: Codified Hindu law of 1955-56, Muslim personal law, Goa's 1867 civil code and tribal customs leave no single national template.
2. **Minority insecurity**: Uniformity is read as assimilation; the Shah Bano backlash produced the Muslim Women (Protection of Rights on Divorce) Act, 1986.
3. **Tribal autonomy**: Articles 371A, 371G and the Sixth Schedule protect customary marriage and inheritance laws in the Northeast.

**Constitutional and Political Factors**

1. **Rights in tension**: Articles 25 to 29 protect religious and cultural freedom, while Article 37 makes Article 44 non-justiciable, so courts cannot compel a code.
2. **Concurrent subject**: Entry 5 of the Concurrent List lets States legislate differently on family law.
3. **No draft, no consensus**: The 21st Law Commission (2018) found a UCC "neither necessary nor desirable at this stage", and parties fear losing community votes.

**Way Forward**

1. **Piecemeal reform**: Build on Shayara Bano (2017) and the 2019 triple talaq law to end discriminatory rules within each personal law.
2. **Consent-based code**: Simplify the Special Marriage Act, 1954, as a voluntary common code and draft a national code through wide consultation, learning from Goa and Uttarakhand (2024).

**Conclusion**

The barriers are distrust and diversity more than law. A consensual, gender-just code would fulfil Article 44 and equal citizenship while honouring unity in diversity.

Discuss the possible factors that inhibit India from enacting for its citizens a uniform civil code as provided for in the Directive Principles of State Policy.

Model answer

Practise this question

Significant Provisions — DPSPs & Fundamental Duties1 question

Ghissu