Dr Nishant A.Irudayadason
Professor of Philosophy and Ethics, Jnana-Deepa Vidyapeeth, Pune.

India, a diverse and multicultural nation, has long cherished the principles of pluralism and secularism. However, the Government’s move to implement a Uniform Civil Code (UCC) in the country raises significant concerns. To understand the potential dangers associated with such a move, exploring India’s historical and constitutional background is essential. India has a rich history of diverse cultural, religious, and social practices that have shaped its societal fabric. Over centuries, these distinct practices have flourished under the umbrella of personal laws, which are based on religious tenets and cultural traditions. The coexistence of different personal laws has allowed communities to maintain their unique identities while enjoying fundamental rights and religious freedom.
The Constitution of India recognises the significance of personal laws and upholds the principle of religious freedom. Article 25 guarantees individuals the freedom to practice and propagate religion, while Article 26 acknowledges the right of religious denominations to manage their own affairs, including matters of religion, charity, and administration. These constitutional provisions have been instrumental in safeguarding the rights of religious and cultural minorities. Article 44 of the Indian Constitution, which calls for implementing a Uniform Civil Code (UCC), reflects the framers’ vision of a unified and egalitarian society. The inclusion of this article can be attributed to various factors, including historical context, debates during the Constituent Assembly, and the desire to uphold principles of social justice and gender equality.
The debate surrounding the inclusion of a UCC can be traced back to the early years of the Constituent Assembly. Members deliberated on the need to reform personal laws to address gender inequalities and discriminatory practices. Prominent voices such as Dr B.R. Ambedkar, the principal architect of the Indian Constitution, emphasised the necessity of a uniform code to ensure gender justice and equal rights for all citizens. The framers believed that personal laws, rooted in religious customs, often perpetuated gender discrimination and denied women their fundamental rights. They envisioned a Uniform Civil Code that would transcend religious boundaries and provide a common set of laws to govern personal matters, thereby promoting gender equality and social harmony.
However, it is important to note that the inclusion of Article 44 did not imply an immediate and mandatory implementation of the UCC. The Constitution recognises the complexity of the issue and emphasises the need for reform while respecting religious freedom and community rights. Implementing a UCC would homogenise personal laws across religious communities, disregarding their unique traditions and practices. This would erode the rich tapestry of pluralism and cultural diversity that India prides itself on. It may also lead to resentment and social unrest. Imposing a uniform civil code could marginalise religious and cultural minority communities, as their distinctive practices and customs may be overshadowed or dismissed in favour of a dominant majority’s beliefs and practices. The framers of our constitution understood the significance of consensus-building and respecting the sentiments of diverse religious communities. The directive principles enshrined in the Constitution, including Article 44, are non-justiciable, meaning that they are not legally enforceable but serve as guidelines for the government and policymakers to strive towards achieving their objectives.
While Article 44 serves as a reminder of the framers’ vision for a unified legal framework, its implementation requires careful deliberation, dialogue, and mutual understanding among various stakeholders. Balancing the principles of gender equality, social justice, and religious freedom continues to be a nuanced and ongoing process in India’s journey towards a harmonious and inclusive society. While the idea of a Uniform Civil Code may appear appealing from the perspective of uniformity and gender equality, its implementation in a diverse and pluralistic country like India raises significant concerns. The dangers associated with homogenising personal laws include threats to pluralism, religious freedom, minority rights, and the potential for social unrest. Instead of imposing a one-size-fits-all approach, it is essential to engage in a broader dialogue and seek consensus to address gender disparities and maintain social harmony while respecting India’s rich cultural diversity.