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The Supreme Court recently, in the case of Pavini Shukla vs Union of India, suggested the implementation of a Uniform Civil Code (UCC) to address gender bias inherent in personal laws. This observation by the apex court has once again brought the UCC debate to the forefront of national discourse. The Court’s suggestion was made while adjudicating a matter related to gender discrimination in personal laws, highlighting the need for a common legal framework that applies uniformly to all citizens, irrespective of their religion. Currently, in India, a uniform civil code is not in force at the national level. However, Uttarakhand has become the first state in independent India to implement a UCC. Additionally, the state of Goa has a form of common civil code in practice, known as the Portuguese Civil Code of 1867. The 21st Law Commission of India, in its 2018 consultation paper, had opined that the formulation of UCC is neither necessary nor desirable at this stage.
The concept of a Uniform Civil Code has been a subject of debate in India since the colonial era. The British maintained separate personal laws for Hindus and Muslims, a system that continued post-independence. The Constituent Assembly debated the issue extensively, with members like Dr. B.R. Ambedkar supporting a UCC while others, fearing it would impinge on religious freedom, argued for its inclusion as a directive principle. Consequently, Article 44 was placed in Part IV of the Constitution, directing the state to endeavour to secure a UCC for citizens. Over the decades, the Supreme Court has repeatedly called for its implementation. In the landmark case (1985), the Court upheld the right of a Muslim woman to maintenance under Section 125 of the CrPC and urged the government to enact a UCC. Similarly, in (1995), the Court reiterated the need for a UCC to prevent the abuse of personal laws, particularly in matters of marriage and conversion. Despite these judicial pronouncements, successive governments have refrained from enacting a nationwide UCC, citing political sensitivity. In 2018, the 21st Law Commission of India, in a consultation paper, took a nuanced view, stating that the formulation of a UCC is neither necessary nor desirable at this stage, and instead recommended that reforms be undertaken in the family laws of every religion to make them gender-just. Most recently, Uttarakhand became the first state in independent India to implement a UCC, and Goa continues to follow the Portuguese Civil Code of 1867, which provides for a common family law.
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The path to a Uniform Civil Code requires a nuanced, gradual, and consultative approach to build consensus.