January 22, 2026

The Uniform Civil Code (UCC) Debate One Nation, One Law or a Threat to Diversity

The Uniform Civil Code (UCC) Debate: One Nation, One Law or a Threat to Diversity? description: "Analysis of the Uniform Civil Code (UCC) in 2026. As Uttarakhand reports a massive surge in marriage registrations, we examine the clash between Article 44 and Religious Freedom, the tribal exemptions in the North East, and the Supreme Court's evolving stance." date: 2026-01-13 author: Legal Bureau | Sansad Online tags: [Uniform Civil Code, UCC, Article 44, Uttarakhand UCC, Shah Bano, Tribal Rights, 6th Schedule, Gender Justice, Personal Laws]

⚖️ The Uniform Civil Code (UCC) Debate: One Nation, One Law?

New Delhi: "The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India." — Article 44, Constitution of India.

For 75 years, this sentence in the Directive Principles was a "Dead Letter"—a wish that political parties were too afraid to touch. But in 2026, the genie is out of the bottle.

With Uttarakhand becoming the first state in independent India to implement a comprehensive UCC in 2025, and reports showing a 24-fold increase in marriage registrations in the state, the debate has shifted from "Should we have it?" to "How do we implement it nationally?"

However, the road to "One Nation, One Law" is paved with constitutional landmines. From the tribal councils of Meghalaya fearing a loss of identity to Muslim bodies arguing a breach of Sharia, the resistance is fierce.

In this analysis, Sansad Online breaks down the legal, social, and political dimensions of the UCC.

📜 The Core Conflict: Article 44 vs. Article 25

The UCC debate is essentially a fight between two parts of the Constitution:

  • Part IV (Directive Principles): Article 44 asks the State to create a uniform law for marriage, divorce, and inheritance for all citizens, regardless of religion.
  • Part III (Fundamental Rights): Article 25 guarantees the Freedom of Religion and the right to practice religious customs.

The Pro-UCC Argument:

  • Gender Justice: Personal laws (Muslim, Hindu, or Parsi) are often patriarchal. Muslim women faced Triple Talaq (until 2017) and Polygamy. Hindu women (until 2005) had unequal inheritance rights. A UCC ensures that a woman’s rights are determined by the Constitution, not by priests or maulvis.
  • National Integration: Different laws for different people create "separate loyalties." A common civil code fosters a sense of unity.

The Anti-UCC Argument:

  • Diversity: India is a "salad bowl," not a "melting pot." Imposing a single code destroys the unique cultural practices of minorities.
  • Majoritarianism: Critics fear the UCC will essentially be a "Hindu Civil Code" disguised as a secular law, forcing minorities to adopt Hindu customs (e.g., banning first-cousin marriages, which are common in Islam but prohibited in Hinduism).

🏞️ The Uttarakhand Model (2025-26): A Laboratory

In February 2024, the Uttarakhand Assembly passed the UCC Bill. By January 2026, the results were visible.

  • Marriage Registration: The state saw over 3 Lakh marriages registered in just six months—a massive jump from previous years.
  • Live-in Relationships: One of the most controversial clauses was the mandatory registration of live-in relationships. Couples failing to register face jail time. Critics called this "moral policing" and an invasion of privacy, while the government argued it protects women from fraud and abandonment.
  • Abolition of Customary Practices: The Act banned practices like Halala, Iddat, and Polygamy.
  • Equal Inheritance: It granted equal property rights to sons and daughters, and extended rights to children born out of wedlock.

The Verdict: While the government claims success citing registration numbers, civil rights groups are challenging the "Live-in Registration" clause in the Supreme Court, arguing it violates the Right to Privacy (Puttaswamy Judgment).

🏹 The Tribal Exception: Why the North East is Angry

If the UCC is about equality, why are Tribals exempt?

The Constitution (Article 371A and 371G) gives special protection to the customary laws of Nagaland and Mizoram.

  • The Fear: Tribal communities in the North East (and Jharkhand/Chhattisgarh) follow unique customs.
    • Meghalaya: The Khasis are Matrilineal (property passes from mother to the youngest daughter). A "uniform" law might force a Patrilineal (Father to Son) system, destroying their culture.
    • Nagaland: Naga customary law is protected by the Constitution. They fear a UCC will override their village councils.
  • The Exemption: To avoid an uprising, the Law Commission and the Uttarakhand Code have largely exempted Scheduled Tribes (STs) from the ambit of the UCC.
  • The Criticism: If you exempt Tribals (8.6% of India), is the code really "Uniform"? Or is it just a code for non-tribal Hindus and Muslims?

🏖️ The Goa Example: The 150-Year-Old Code

Often cited as the "Shining Example," Goa is the only state with a UCC.

  • Source: It is not an Indian law but the Portuguese Civil Code of 1867, which India retained after liberating Goa in 1961.
  • Features:
    • A Hindu husband cannot take a second wife (unlike in other states where he might try to convert to bypass laws).
    • Marriage is a civil contract.
    • Compulsory registration of marriage.
    • Community of Property: Upon marriage, the husband and wife effectively become co-owners of all assets. If they divorce, assets are split 50-50.
  • Reality Check: Even Goa's code has cracks. It has a specific provision allowing a Hindu man to take a second wife if the first wife doesn't deliver a male child by age 30 (though this is rarely used today, it exists).

⚖️ The Supreme Court's Evolution

The Judiciary has been the biggest cheerleader for the UCC, often scolding the Parliament for its inaction.

  1. Shah Bano Case (1985): The Court ruled a Muslim woman is entitled to maintenance. It lamented, "Article 44 has remained a dead letter."
  2. Sarla Mudgal Case (1995): The Court stopped Hindu men from converting to Islam just to marry a second wife, again calling for a UCC.
  3. Shayara Bano (2017): While banning Triple Talaq, some judges noted that piecemeal reform is not enough; a comprehensive code is needed.
  4. 2024-25 Status: Multiple petitions are pending in the Supreme Court challenging the Uttarakhand UCC and demanding a national one. The Court is currently balancing the "Right to Religion" vs. "Gender Equality."

🔮 Conclusion: The Path Forward

The implementation of a National UCC seems inevitable, but it will likely be a "Patchwork UCC" rather than a truly uniform one.

  • It will likely exempt Tribals to preserve peace in the North East.
  • It might dilute the "Live-in Registration" clause to satisfy privacy concerns.
  • It will focus heavily on Gender Justice (divorce, maintenance, inheritance) to win the support of women voters across religious lines.

For the student of politics, the UCC is the ultimate test of Indian Secularism: Does secularism mean tolerating different laws for different religions, or does it mean removing religion from the law entirely?

Key Takeaway for Students:

  • Article 44: The source of UCC (DPSP - Non-justiciable).
  • Uttarakhand: First state to implement it in independent India (2025).
  • Goa: Only state with an existing UCC (Portuguese legacy).
  • Exemptions: Scheduled Tribes (likely) under Article 371.
  • Core Issue: Conflict with Article 25 (Religious Freedom).