Prime Minister of India Narendra Modi reaffirmed on Sunday his call for a “secular civil code,” underscoring the strong support his administration demonstrated for the introduction of the code since the commencement of his term.
The address builds on Modi’s Independence Day speech, in which he argued strongly for the establishment of a secular Uniform Civil Code (UCC), arguing that laws that divide the nation based on religion should be repealed since they are out of sync with the needs of contemporary society. He called on political parties to unite in favour of a secular civil code to end social differences and guarantee justice for all people. Modi emphasised further that, whereas his administration has been actively campaigning for the introduction of the code, the judiciary has been supporting it for several decades, underlining the necessity of delivering simple and accessible justice and underscoring the importance of modernising the judicial system to meet the evolving needs of the common citizenry.
The UCC refers to a uniform system of laws covering private issues such as marriage, divorce, inheritance, and adoption that apply to all citizens, regardless of their religious beliefs. It seeks to replace the current framework prevalent in India, where many spiritual groups are regulated by rules and regulations predominantly derived from sacred texts and practices unique to their faith. It is specified in Article 44 of the Indian Constitution which specifies that the state must make every effort to develop a uniform civil code for residents throughout the country. The ruling Bhartiya Janata Party (BJP) manifesto for the 2024 Indian General Elections stated that the party considers a uniform civil code in the interest of the nation.
The code’s proponents contend that by removing religious obstacles, a UCC will advance gender justice, national integration, and equality before the law, further arguing that in accordance with Article 14 of the Constitution of India, which guarantees equality before the law, it would provide equal rights and treatment for all people. The proponents further argue that a common set of laws can foster a sense of unity and national identity among diverse communities, stating that UCC would promote national integration by reducing the divisions created by different personal laws based on religion, thereby enhancing social cohesion.
On the other side of the spectrum, critics expressed concerns about preserving religious and cultural diversity, considering it a threat to religious freedom. They further contend that there are several religious groups in India, each with its unique system of personal rules based on religious scriptures and practices, which will cause significant challenges for a UCC to establish common ground because of the diversity. Additionally, the establishment of a UCC may violate people’s basic rights to freely practise their faith in contravention of Articles 25 and 26 of the Indian Constitution which guarantee freedom of conscience and the right to manage religious affairs, respectively.