5.12.4. Debate Around Uniform Civil Code

A Uniform civil code seeks to replace personal laws based on the scriptures and customs of a religious community with a common set of laws governing every citizen. At its core, Uniform Civil Code (UCC) deals with issues of secularism, equality and women’s rights. The secular argument is that the laws of the state should not be religion, caste or community specific. Further, a modern state should treat all citizens equally and should not discriminate against women.

In the Constituent Assembly, a UCC was supported by leaders such as Nehru, Ambedkar and women members but due to stringent opposition from other members, it was included only in the form of Directive Principles as a compromise.

The demand for UCC , however, reached its peak in the mid -80s after the Supreme Court verdict in the famous Shah Bano case in which SC granted her maintenance for life under Section 125 of the Cr.P.C.

In October 2015, A Supreme Court bench questioned the government about its mandate on framing the Uniform Civil Code so that unvarying standards are ushered in and all religions are regulated by the same yardsticks in matters of law.