On Monday, January 28, Uttarakhand became India’s first state to officially implement the Uniform Civil Code (UCC). A controversial directive principle that has been one of the frequently cited agendas of the ruling BJP at the Centre and in various states, the UCC has been feared by many, especially religious and cultural minorities, as a threat to their traditions, customs, and rituals.

As Chief Minister Pushkar Singh Dhami launched the UCC portal and issued a notification adopting the civil code, claiming it to be a constitutional measure to end discrimination, it is assumed that other saffron-ruled states might follow Uttarakhand. Muslim organisation Jamiat Ulema-e-Hind has sated that it would challenge the decision in courts, asserting that its lawyers have examined all constitutional and legal aspects of UCC.

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As a directive principle, the UCC is mentioned in Part IV, Article 44 of the Indian Constitution, stating that the “State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. ” The UCC refers to the formulation of one law for the people across the country, which would be applicable to all religious and ethnic communities even in personal matters such as marriage, divorce, inheritance, maintenance, and adoption.

While drafting the constitution, architect Dr B. R. Ambedkar noted that the UCC was to address discrimination against vulnerable groups in diverse cultural and religious communities. He cautioned against executing the power if it is found to be objectionable by Muslims, Christians, or any other community. “I think it would be a mad government if it did so,” he said during his speech in the constituent assembly.

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The discussion about a Uniform Civil Code started during the British era, as the then government in 1835 recommended the personal laws of Hindus and Muslims be kept outside while codifying a uniform law relating to crimes, evidence, and contracts, and others claiming to reform the local social and religious customs.

Uniform Civil Code: Analysing Both Critics’ And Proponents’ Arguments 

The proponents time and again claim that the UCC gives equal justice to all by stopping discriminatory practices in the country. Notably, after implementing it in Uttarakhand, the chief minister said that through the law, “the evils like Halala, polygamy, child marriage, triple talaq, etc. can be completely stopped,” adding that the government has kept scheduled tribes mentioned under Article 342 of the Constitution out of this code so that those tribes and their rights can be protected. It is worth noting that most of those practices are already prohibited by law.

Though the proponents claim the UCC would empower women, ensure gender justice, and promote national integration, among other things, there are fears among the minority groups that the UCC would impose a Hindu code on all communities. The law The critics also argue that the UCC violates the constitutional freedom to practice the religion of choice, which allows religious communities to follow their respective personal laws, violating Article 25 and Article 29 to manage and protect their distinct culture and rituals.

On a request from Prime Minister Modi, the Law Commission submitted a 185-page consultation paper on the reform of family law in 2018, noting that a unified nation did not necessarily need “uniformity.” The Commission had pointed out that the term “secularism” had meaning only if it assured the expression of any form of difference. The Commission had also stated that the UCC was neither necessary nor desirable at the stage while adding that the discriminatory practices, prejudices, and stereotypes within a particular religion and its laws should be studied and amended.

Last year, then-law minister Kiren Rijiju said that the states are empowered to initiate measures to enforce UCC by enacting law after reports of legal trouble for the Union Government to impose it without significant consensus. The law minister also clarified that the government has no plan to set up a panel to implement the UCC.

However, with Uttarakhand moved forward with UCC and implementing it officially, it is likely to be followed by other BJP-ruled states, posing a threat to the minorities’ rituals and practices of the respective states.