A discussion on the Uniform Civil Code (UCC) in India transcends constitutional and legal aspects, being profoundly intertwined with the nation’s socio-political and religious dynamics. Article 44 of the UCC seeks to implement consistent personal laws applicable to all individuals, regardless of their religious affiliations, thereby conforming to a constitutional objective. Nonetheless, the true course has been influenced more by political narratives, religious issues, and identity-driven movements than by legal imperatives. Marriage, divorce, maintenance, inheritance, and adoption have become crucial concerns in election campaigns, community dynamics, and society viewpoints. A division between different meanings of citizenship, secularism, and state neutrality that results from the interaction of politics, religion, and civic reform is revealed by the UCC discourse.[1] Proponents of the UCC assert that it fosters gender equity and national unity; however, detractors point out its use as a political tool, frequently leveraged to further majoritarian interests. Religious institutions, identity-based political parties, and cultural organizations either support or oppose the reform depending on how it aligns with their ideological and communal interests.[2]
This chapter explores five interconnected dimensions: the electoral politicization of the UCC, the impact of religious organizations and identity politics, the function of media and feminist civil society, grassroots resistance and the trust deficit, as well as the changing landscape of public opinion. These factors demonstrate that, within a diverse society, the UCC argument relates more to issues of power, identity, and belonging than to statutory law. To ensure the UCC achieves its constitutional objectives while minimizing societal discord, this chapter emphasizes the necessity of careful consideration, open communication, and consensus-building.[3]
- Electoral Politics And UCC: Majoritarianism Vs. Inclusive Reform
The Uniform Civil Code (UCC) has moved beyond its legal confines to emerge as a deeply politicized and symbolic matter within the electoral landscape of India. The formal establishment of Article 44 as a Directive Principle[4] has faced significant obstacles in its implementation, primarily due to its entanglement with electoral dynamics, identity politics, and the sensitivities of various communities. Between 1998 and 2023, the Bhartiya Janata Party (BJP) has consistently advocated for the Uniform Civil Code (UCC) in its electoral manifestos, framing it as a fundamental element of national unity and gender equality. Minority groups, particularly Muslims, regard the UCC not merely as a secular reform but rather as a tool for enforcing majoritarian uniformity, frequently approaching its continued support with a sense of skepticism.[5]
The political understanding of the UCC has transitioned from a means of modernity to reflect Hindu nationalist beliefs. Scholars like Palshikar (2023) highlight the BJP’s narrative that connects the Uniform Civil Code (UCC) to its broader “One Nation, One Law” ideology, thereby linking it to other goals such as the abrogation of Article 370 and the construction of the Ram Mandir[6]. The ruling party and its advocates perceived this as a cohesive civic effort, while opposing factions and minority groups highlight the importance of diversity and voluntary participation, leading to a schism in the discourse surrounding the Uniform Civil Code.[7]
Moreover, the UCC plays a crucial role in the strategic consolidation of votes. Political organizations like the Indian National Congress, Trinamool Congress, and AIMIM are opposing this measure to strengthen their support among minority voters, while the BJP presents it as a correction of “appeasement politics,” thereby resonating with majority sentiments. In regions like Karnataka, Gujarat, and Uttarakhand, the recurrent mention of the UCC during election cycles highlights its political relevance more than its constitutional implications. [8]
Critics contend that the BJP’s blending of the gender justice narrative with communal discourse has diminThe Constitution of India, art. 44.ished its effectiveness. The 1985 Shah Bano ruling and the ensuing legislative response underscored the ways in which political appeasement hindered judicial initiatives aimed at reform. Hindu nationalists viewed this as an undue advantage given to minorities, leading to calls for the implementation of a Uniform Civil Code (UCC) as a response.[9] Feminist organizations that previously endorsed the UCC have withdrawn their support due to its ties with Hindu nationalist goals, emphasizing that true gender equality should not lead to the erasure of cultural identities.
The BJP’s growing dependence on the UCC in electoral contexts illustrates the transformation of a constitutional objective into a tool of political maneuvering. The discussion is sometimes presented as a dichotomy, which can marginalize the very minorities that the reform aims to support, instead of promoting dialogue or understanding of legal principles. The existence of conflicting election narratives compromises true legal consistency, shifting the discussion surrounding the UCC in this context away from meaningful reform and towards issues of cultural dominance.[10]
[1] “Electoral Politics and the UCC: Identity, Representation and the Majoritarian Lens” (2023) Faculty Discussion Paper, Department of Political Science
[2] “The Uniform Civil Code and Political Discourse: Polarization or Pluralism?” (2023) Centre for Policy and Democratic Research
[3] Rohini Dahiya, Gender Justice in India: Outlook on Uniform Civil Code (Social & Political Research Foundation 2021).
[4] The Constitution of India, art. 44.
[5] Alok Prasanna Kumar, “Uniform Civil Code: A Heedless Quest?” (2016) 51(25) Economic and Political Weekly 671.
[6] The Constitution of India, art. 370
[7]JhilikeSaha and PrantikBasak, “Towards a Unified Legal Framework: Exploring the Case for a Uniform Civil Code in India” (2022) SSRN.
[8] ibid
[9] M. Shahbaz Saeed, “Status of Muslim Women in India” (2005) 25(3) Strategic Studies
[10]RatnaKapur, “Personal Laws and the UCC Debate: Examining Constitutional Morality,” (2001) 23(1) Women’s Studies International Forum 57.