India, being a diverse nation, is home to many religions, each with its distinct personal laws governing marriage, divorce, adoption, inheritance and succession. It would be accurate to say that the absence of a Uniform Civil Code (UCC) has only served to perpetuate inequalities and inconsistencies in our land of rich diversity. In fact, this has been a hindrance in the nation’s progress towards social harmony, economic and gender justice. Prime Minister Narendra Modi had last week called for the enactment of a UCC, pointing out the anomaly of having varying laws for different categories of citizens.
In the Constituent Assembly
The debate on the UCC goes back to the Constituent Assembly debates. In fact, one could assert that the legality of UCC is rooted in the Constitution of India, Constituent Assembly debates and also Supreme Court of India judgments. Constituent Assembly debates shed light on the need and the objective behind promoting a common civil code. Babasaheb Ambedkar, the chief architect of the Indian Constitution, had made a strong case in the Constituent Assembly for framing a UCC. He stressed the importance of a UCC in ensuring gender equality and eradicating prevailing social evils.
