Secularism in the Indian Constitution: Does UCC Fit the Framework?

At the heart of coexistence lies a powerful principle of secularism, a promise enshrined in the Indian Constitution. India is a land which embodies the spirit of all religions with equal respect and ensures impartiality. However, instead of building a wall between the state and the religion, it allows the state to balance and engage with the religion when necessary and protect justice and equality. This unique interpretation of diversity nurtures and upholds the essence of fairness. Yet, this balance is in a tussle between the promise of secularism and the constant debate about the Uniform Civil Code (“UCC”).

The Uniform Civil Code, as complemented by Article 44 of the Indian Constitution is a formidable test that aspires to unify the personal legal framework within the diverse land of India like marriage, adoption, divorce and many more. On one side of the coin, it holds the potentiality of equality and fairness; on the other, it raises the question of religious autonomy. Does UCC align with the principles of our Preamble, or does it undermine the very foundation of this principle? In this blog, we will explore whether the Uniform Civil Code is a Secular Necessity or a Political Agenda?

The Constitutional Ideas

Secularism suggests that India is not a theocratic country but a fundamental concept of the Constitution that ensures that the state maintains neutrality towards all religions and treats every citizen equally, irrespective of their belief. This principle was embedded in the Preamble of the 42nd Amendment (1976) to draw attention to India’s commitment to respecting all religions while ensuring freedom. Articles 25-28 of the Indian Constitution collectively safeguard religious affairs and balance the religious rights of the citizens.

In this context, the UCC envisioned under the Directive Principle of State Policy, which states that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India” emerges as a constitutional ambition for a common legal framework governing the personal laws. The laws are based on religious scriptures, customs, and faiths such as Hindu, Muslim, and Christian which sometimes lead to unfair treatment, gender inequality, and overlapping and contradiction of provisions of the laws with each other. While UCC is not enforceable by law currently but rather is a proposed framework that has not been implemented due to political, social, and religious sensitivities.

Unity Through Uniform Law

Why should justice depend on the religion you follow? This poignant question strikes at the heart of India’s legal realm. Imagine, two women standing side to side, facing two opposite legal realities because of their different religious communities. One can attain divorce on a mere complaint: the other faces the fight of a long journey for just basic human rights. This is not a state of fiction; it is a lived reality for millions of Indians, where personal laws fracture the unity of the country across the roots of religion. To overcome this challenge, the UCC aims to be a mechanism that enhances India’s secular culture while strengthening national unity.

Personal laws form a framework that varies considerably across religions, thereby giving unequal treatment to rights. This difference in the application of statutes is a cause of concern as it raises questions about upholding the values of justice and equality while perpetuating the differences. The UCC aims to resolve this issue by replacing the fragments of laws with a single unit of framework that applies to all citizens. It ensures the removal of discrepancies while paving its way to a more just legal system. This falls in line with the vision of Article 14 and Article 15 of the Indian Constitution which deals with equal treatment and prohibition of discrimination. In this respect, UCC fosters a true secular society without bias.

The focus of the debate revolves around its ability to solve the gender injustice that prevails in various personal laws which are often a result of patriarchal interpretations of customs and traditions, where equal opportunity and protection for both are denied.  For instance, Triple Talaq which allowed Muslim men to divorce their wives just by uttering ‘talaq’ three times left women vulnerable and abandoned, reinforcing gender inequality in the name of religion—the case of Shayara Bano vs Union Of India And Ors. Ministry Of Women which led to the criminalisation of Triple Talaq in 2019 showcased a deep-rooted need to bring reforms in the personal laws to ensure gender justice. This case highlights the need for a legal framework that guarantees equality; implementation of UCC will be a positive step towards ensuring the fair commitment of the law to provide justice. Further in Sarla Mudgal v. Union of India, the Supreme Court addressed the misuse of religious conversion for bigamy, ruling it invalid. This judgement was the first-ever ruling wherein the need for a Uniform Civil Code was addressed.

UCC will eliminate the long-perpetuated discrimination in personal matters and standardise the rules by providing a secular, gender-neutral structure. By reducing legal distinctions between religions, UCC strengthens the secular idea of unity in diversity, reducing communal tensions and promoting national integration, ensuring a cohesive and inclusive India.

Challenges of a Uniform Civil Code

While UCC can be seen as a step towards equality and fair treatment for all citizens, its implementation presents several challenges within India’s secular framework. Enactment of a single law to govern the cultural and religious diversity of India would be difficult as UCC will lead to infringement of Article 25 of the Indian Constitution that guarantees freedom of conscience and free profession, practice and propagation of religion. The personal laws of different religions reflect the deeply ingrained customary practices and the imposition of UCC raises concerns about the balance between uniformity and freedom. The fear of the implementation of majoritarian values undermines the secular promise to all, significantly affecting minorities.

Political parties will often use the UCC as a tool for electoral gains and risk genuine efforts towards equality, overpowering them with a partisan agenda. Additionally, what constitutes uniformity is subjective and will lead to disagreements, leading to fear among communities that their practices are being compromised to satisfy the UCC stakeholders.

Reconciling UCC with Secularism

The answer to whether the Uniform Civil Code fits within the framework of secularism or not is complex, debatable, and nuanced. The core of UCC aligns with the goal of secularism, which seeks to promote equality, justice, and freedom regardless of the citizens’ religion as enshrined in the Indian Constitution. While UCC and secularism are neither coinciding nor contradictory, imposing one-size-fits-all solutions may disrupt the balance between individuals and religious autonomy.

Instead of outright implementation, a more pragmatic approach could involve incremental amendments to the existing personal laws. These amendments can address gender equality and religious freedom without compromising the customs and traditions of different communities. By reforming personal laws to respect the practices and rights of all, India can preserve the nation’s rich diversity while ensuring harmony within the legal systems.

In conclusion, UCC may remain the long-term goal, but for a land as diverse as India, a balanced strategy of gradual reforms within the existing frameworks of personal laws may prove to be more effective and agreeable.