Uniform Civil Code Should Apply Across India, Says Law Minister: Where the UCC Stands

In news

• Arjun Ram Meghwal, Union Minister of State (Independent Charge) for Law and Justice, said the Centre is committed to a Uniform Civil Code (UCC) across the country.
• He said the UCC has a constitutional basis in Article 44, so there is no reason to restrict it to a few States.
• He cited the Constituent Assembly debates, repeated Supreme Court observations and Goa's long-standing common civil code.
• Union Home Minister Amit Shah has earlier said the UCC would be in place in all 21 BJP- and NDA-ruled States before 2029.

What is a Uniform Civil Code?

• A UCC is one set of civil laws for all citizens, whatever their religion.
• It covers marriage, divorce, maintenance, adoption, guardianship, inheritance and succession.
• Today these matters are governed largely by religion-based personal laws:
  • Hindus, Sikhs, Jains and Buddhists: Hindu Marriage Act, 1955; Hindu Succession Act, 1956 and related Acts.
  • Muslims: Muslim Personal Law (Shariat) Application Act, 1937, and uncodified law.
  • Christians: Indian Christian Marriage Act, 1872; Indian Divorce Act, 1869.
  • Parsis: Parsi Marriage and Divorce Act, 1936.
• Criminal law is already uniform (Bharatiya Nyaya Sanhita, 2023). So are contract and evidence law.
• The Special Marriage Act, 1954 offers an optional civil marriage for any two persons, whatever their religion.

The Constituent Assembly debate

• The UCC was Article 35 of the Draft Constitution. It became Article 44.
• Members Minoo Masani, Hansa Mehta and Rajkumari Amrit Kaur wanted it as a Fundamental Right. The sub-committee placed it among the Directive Principles instead.
• Some members, such as Mohammad Ismail, sought to protect personal laws.
• Dr. B.R. Ambedkar defended the clause. He suggested the code could at first apply only to those who chose it.

The State route

• Marriage, divorce, adoption and succession are in Entry 5 of the Concurrent List. So States can make their own UCC laws.
• A State law that conflicts with a central law needs the President's assent under Article 254(2) to prevail in that State.
• Uttarakhand was first after Independence. Its Act was passed in February 2024 and has been in force since 27 January 2025.
• Gujarat (March 2026), Assam (May 2026) and Madhya Pradesh (July 2026) followed.
• Scheduled Tribes are kept out of every State code, to protect their customary laws.

Key features of the State codes

• Marriage: compulsory registration and a ban on polygamy. Uttarakhand fixes the minimum age at 21 for men and 18 for women.
• Divorce: the same grounds for all, such as cruelty, desertion, adultery and conversion. Divorce must go through a court.
• Inheritance: equal shares for sons and daughters.
• Live-in relationships: must be registered. In Uttarakhand, a child born in such a relationship is a legitimate child.
• Practices ended: Uttarakhand's code bans nikah halala and iddat; Madhya Pradesh's code makes triple talaq and nikah halala offences.
• Uttarakhand's 2026 ordinance (under Article 213) aligned the penal provisions with the new criminal laws and tightened rules on fraud and coercion in registration.

The debate

Arguments for a UCC

• Gender justice: personal laws often treat women unequally in divorce, maintenance and inheritance.
• Equality and secularism: one law for all citizens fits Article 14.
• National integration and simpler law: fewer overlapping codes and fewer conflicts.
• Goa shows that a common code can work in a diverse society.

Concerns raised

• Religious freedom under Articles 25 to 28 and cultural rights under Article 29.
• Diversity: customary laws of tribal communities and Sixth Schedule areas. Protections under Articles 371A and 371G for Nagaland and Mizoram.
• Uniformity versus exemptions: codes that exempt Scheduled Tribes are not fully uniform.
• Privacy: compulsory registration of live-in relationships may conflict with the right to privacy (Puttaswamy, 2017).
• The 21st Law Commission (2018) preferred reforming each family law to a single code at that stage.

Way forward

• Wide consultation with communities, women's groups and States.
• Step-by-step reform: begin with common ground such as marriage registration, minimum age and equal inheritance.
• Gender justice first: the test of any code is whether it ends discrimination.
• Protect diversity where the Constitution provides for it, such as tribal customary law.

Static connect

• Article 44 (DPSP): "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
• Article 37: Directive Principles are not enforceable by courts but are fundamental in the governance of the country.
• Article 51A(e): fundamental duty to renounce practices derogatory to the dignity of women.
• Muslim Women (Protection of Rights on Marriage) Act, 2019: made instant triple talaq a punishable offence.
• Goa: follows the Portuguese Civil Code of 1867, continued after Goa's liberation in 1961.

Exam relevance: UPSC Prelims and GS-2 (Polity, DPSP, Fundamental Rights, Federalism); GS-1 (Society, Women); TGPSC and APPSC Groups (Indian Polity).