30 March 2026 Legal Updates
Gujarat Becomes Second State To Pass Law On Uniform Civil Code
Uniform Civil Code (UCC) – Complete Explanation
1. What is Uniform Civil Code (UCC)?
- Uniform Civil Code (UCC) means one common set of civil laws for all citizens, irrespective of religion.
- It governs: Marriage, Divorce, Maintenance, Adoption, Succession / inheritance, Live-in relationships
- Idea: Same law for everyone → No separate personal laws based on religion
2. Constitutional Basis
- Mentioned under Article 44 of the Constitution of India
- It is a Directive Principle of State Policy (DPSP)
- Article 44 says: State shall endeavour to secure a UCC for citizens
Important:
- Not enforceable by courts
- But guides law-making
3. Current System (Before UCC)
India follows Personal Laws based on religion:
|
Religion |
Law |
|
Hindus |
Hindu Marriage Act, 1955 |
|
Muslims |
Shariat Law |
|
Christians |
Indian Christian Marriage Act |
|
Parsis |
Parsi Marriage Act |
Result: Different rules for marriage, divorce, inheritance
4. Gujarat UCC (2026) – Key Highlights
- Gujarat becomes 2nd state after Uttarakhand
- Applies to: All residents (even outside state)
- Exclusion: Scheduled Tribes (customary protection)
5. Why UCC?
What are the objectives-
1. Equality (Article 14)
- Same laws for all → no discrimination
2. Gender Justice
- Removes discriminatory practices (e.g., unequal inheritance)
3. National Integration
- One nation → one law
4. Legal Simplicity
- Avoids confusion of multiple personal laws
6. Arguments AGAINST UCC
- Religious Freedom Concern- Linked with Article 25 of the Constitution of India
- Cultural Diversity- India has plural traditions
- Fear of Majoritarian Law- Minority communities may feel threatened
7. Supreme Court’s View on UCC
The Supreme Court of India has:
- Repeatedly supported UCC in principle
- Called it: Necessary for gender justice, Important for legal uniformity
- But: Court says → Parliament must enact it, not judiciary
Key Judgments on UCC
- Shah Bano Case → Highlighted need for UCC
- Sarla Mudgal v. Union of India → Misuse of personal laws
- Shayara Bano v. Union of India → Reform in personal laws
Important Concepts
- Personal Law: Law based on religion governing family matters
- Directive Principles (DPSP): Non-enforceable but important for governance
- Secularism: State treats all religions equally → UCC supports this
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