What is Uniform Civil Code? Here's everything you need to know about the law, its origin & current status

The 22nd Law Commission of India sought new suggestions from various stakeholders on Wednesday, June 14. The commission sought advice from public and religious organisations on the Uniform Civil Code as the consultation paper issued by the previous law commission was more than three years old.

The Uniform Civil Code calls for the formulation of one law for India. It would apply to all religious communities on several matters, like marriage, divorce, inheritance, maintenance, and adoption. The Uniform Civil Code, mentioned in Part IV, Article 44 of the Indian Constitution, says, "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." Part IV highlights the Directive Principles of State Policy fundamental to the Indian administration. However, they are not enforceable in a court of law.

The aim of Article 44 was to address the discrimination faced by vulnerable groups. When Dr BR Ambedkar was drafting the constitution, he believed that the UCC was needed but should remain voluntary for the moment. In his speech in the Constituent Assembly, Ambedkar said, "No one needbe apprehensive that if the State has the power, the State will immediately proceed to execute... that power, in a manner, may be found to be objectionable by the Muslims or by the Christians or by any other community. I think it would be a mad government if it did so."

WATCH |India's Law Commission seeks fresh suggestions on Uniform Civil Code

The debate on the Uniform Civil Code dates back to the colonial period in India. The British government was the first to try toreform local social and religious customs. In 1835, they stressed the need for uniform laws relating to crimes, evidence, and contracts. However, they mentioned that the personal laws of Hindus and Muslims could be an exception to the uniform codification.

In 2016, the Modi government asked the Law Commission of India to specify how to form a code in the presence of 'thousands of personal laws.' In 2018, a 185-page consultation paper by the Law Commission stated that a unified nation did not need 'uniformity.' It said, "UCC is neither necessary nor desirable at this stage." Furthermore, it advised that the discriminatory practices, prejudices, and stereotypes within the religion and its laws, like the legal age of marriage, should be analysed and amended. The primaryargument against the Uniform Civil Code is that it violates the constitutional freedom to practice the religion of choice.

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