I.     Introduction

The impending general election in India has brought the Uniform Civil Code (“UCC”) back into the forefront of discussions. The proposed concept is straightforward: rather than the existing legal system that permits different religious groups to adhere to customized regulations, the central government of India may implement a uniform civil code applicable to all individuals, irrespective of their religious affiliation, and ensure its enforcement.

During a recent talk to booth-level party workers in Bhopal, Prime Minister Narendra Modi expressed his disapproval of the implementation of distinct legislations for different communities. The fact that his address was delivered in Madhya Pradesh, a state currently in the midst of an election campaign, suggests a strategic political move aimed at capitalizing on electoral prospects.[1]

During his address, the speaker proceeded to level accusations of appeasement against the opposing political parties, while positioning his own party and government as the genuine advocates for the welfare of minority communities. The Bharatiya Janata Party (“BJP”) and the Prime Minister have prioritized the emancipation of Muslim women as a significant endeavor, with the UCC being presented as the apparent means to achieve this objective.

It is noteworthy that the Prime Minister’s address, statements made by members of the ruling party, and the current Law Commission all advocate for a fresh discourse surrounding the UCC. Currently, there is a lack of an available draft template inside the public domain. According to the Consultation Paper presented by the 21st Law Commission in 2018, it was concluded that the UCC was deemed unnecessary.[2]

However, in the author’s perspective, India, as a nation characterized by its diversity, possesses a multitude of personal laws that have been in existence for several centuries. Hence, the majority of laws exhibit an orthodox perspective, as they originated within a patriarchal societal framework. Nevertheless, as societal progress has unfolded, there has been a growing emphasis on achieving gender equality by elevating women to a position of equal standing with males.

The achievement of this objective necessitates the implementation of reforms to amend the antiquated and male-dominated personal legal systems. The UCC might be regarded as a significant milestone in this trajectory. This paper endeavors to examine the potential benefits of the UCC for women and the resultant impact on their rights.

[1]T. K. Rajalakshmi, Empowerment or exploitation? How UCC will impact women’s rights in India, The Hindu, available at https://frontline.thehindu.com/the-nation/empowerment-or-exploitation-how-uniform-civil-code-will-impact-womens-rights-in-india/article67109276.ece.

[2]Shakeel Sobhan, India: What would Uniform Civil Code mean for Muslim women?, DW, available at dw.com/en/india-what-would-uniform-civil-code-mean-for-muslim-women/a-66429364#:~:text=What%20is%20the%20Uniform%20Civil,divorce%2C%20succession%2C%20and%20inheritance.