With Chief Justice of India DY Chandrachud present, the Prime Minister advocated for a UCC, framing it as essential to building a more just and secular society. Delivered in Hindi, his speech stressed that the current legal framework is discriminatory and does not reflect the vision set forth by India’s Constitution.
NEW DELHI: On Thursday (15th Aug): Prime Minister Narendra Modi called for the introduction of a secular civil code, opposing what he described as a ‘communal civil code,’ during his speech from the Red Fort on Independence Day. Emphasizing the need for change, he highlighted that the Supreme Court has repeatedly urged the enactment of a Uniform Civil Code (UCC).
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With Chief Justice of India DY Chandrachud present, the Prime Minister advocated for a UCC, framing it as essential to building a more just and secular society. Delivered in Hindi, his speech stressed that the current legal framework is discriminatory and does not reflect the vision set forth by India’s Constitution.
He pointed out that the current civil code is seen as divisive by many, stating,
“A significant portion of the population believes—rightly so—that the civil code we adhere to is, in essence, a communal one.”
In his Hindi address, the Prime Minister remarked:
“मेरे प्यारे देशवासियों, हमारे देश के सर्वोच्च न्यायालय ने कई बार समान नागरिक संहिता पर चर्चा की है और इसे लागू करने का निर्देश भी दिया है। समाज का एक बड़ा हिस्सा मानता है—और यह सच भी है—कि जिस नागरिक संहिता के तहत हम अभी तक जी रहे हैं, वह वास्तव में सांप्रदायिक और भेदभावपूर्ण है। जब हम अपने संविधान के 75 साल मना रहे हैं, तो सर्वोच्च न्यायालय और हमारे संविधान निर्माताओं के प्रति हमारी जिम्मेदारी हमें समान नागरिक संहिता लागू करने के लिए प्रेरित करती है।”
Modi explained that Article 44 of the Constitution directs the government to strive for the adoption of a UCC across India. Although the state of Uttarakhand has already implemented a UCC, the broader application remains unrealized, leaving personal religious laws to govern marriage, divorce, inheritance, and other civil matters.
PM Modi emphasized that laws which create divisions based on religion have no place in modern India. He pointed out that the nation has spent 75 years under a “communal civil code,” and it is time to replace it with a secular one to eliminate religious discrimination.
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The call for a UCC is a contentious issue in India, often evoking strong opinions and debate. The ruling Bharatiya Janata Party (BJP) has long included it in their political agenda, yet its enactment remains elusive.
The Supreme Court has weighed in on this issue on several occasions.
“Laws that create divisions based on religion and foster hierarchies have no place in today’s world. This is why I firmly believe that the need of the hour is a secular civil code for the country. After 75 years under a communal civil code, we must transition to a secular one, freeing our society from religious discrimination and alienation of ordinary citizens.”
In the Sarla Mudgal case, the Supreme Court emphasized the necessity of a UCC, while also noting the importance of garnering public support for it:
“Marriage, inheritance, divorce, and conversion are deeply intertwined with religious beliefs and faith… Reason and logic have limited influence. It is crucial that emotions and sentiments be carefully managed through sincere effort. The need for a uniform code is undeniable, but it will only materialize when the social climate is ready—when leaders rise above personal gain and guide the public to embrace this change. The issue at hand is that many Hindus have converted to Islam solely to escape the consequences of bigamy.”
Several other judicial voices have echoed the need for a UCC. In 2003, former Chief Justice VN Khare argued that Article 44 reflects the idea that personal law should not be linked to religious law in a civilized society. In subsequent years, both the Supreme Court and various High Courts, including those of Madhya Pradesh, Allahabad, Delhi, and Kerala, have called for the implementation of uniform civil laws.
However, opposition to the UCC remains strong in certain quarters. Groups like Jamiat Ulama-i-Hind have resisted its application to Muslims, and politicians like Senior Advocate P Wilson of the Dravida Munnetra Kazhagam (DMK) have argued that it threatens the diversity of the country.
Despite its support for the UCC, the Central Government has stated that drafting and implementing such a code will require parliamentary action, rather than judicial intervention. Solicitor General Tushar Mehta reiterated in March 2023 that the task of enacting the UCC lies within the parliament’s jurisdiction.
While PM Modi’s call for a UCC has reignited the debate, the timeline for its realization remains uncertain, with strong opinions on both sides continuing to shape the conversation.
What is Uniform Civil Code (UCC)?
The Uniform Civil Code (UCC) aims to establish a standardized set of laws that apply uniformly to all citizens, irrespective of their religion. It encompasses issues like marriage, divorce, inheritance, succession, and adoption, with the intention of replacing religious laws in these areas with secular ones. Presently, Goa is the only state where the UCC is fully in effect, and a bill for its implementation is currently under review in Uttarakhand.
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