In his Independence Day address, Prime Minister Narendra Modi made a strong pitch for the implementation of a Uniform Civil Code (UCC), calling it a "secular civil code" essential for modern India.
Speaking from the Red Fort, Modi censured the current legal framework as a "communal civil code" that fosters discrimination and division along religious lines.
"A large section of the country believes, and rightly so, that our existing civil code is communal and discriminatory," Modi stated. He emphasized that laws that perpetuate inequality have no place in contemporary society, advocating for a legal system that treats all citizens equally, irrespective of religion.
Modi cited the Indian Constitution's Directive Principles, particularly Article 44, which envisions a Uniform Civil Code for the country.
"It is our duty to realise the dream of our Constitution's framers," he said, urging for a serious national debate on the issue.
The Prime Minister noted that the Supreme Court has, on various occasions, urged the government to move towards implementing a UCC. He pointed out that Uttarakhand has already taken steps in this direction by introducing its own version of a uniform civil code.
The Central government has referred the matter to the Law Commission, which renewed public consultations on the issue last year. Modi's comments come against the backdrop of the Commission's ongoing review.
The 21st Law Commission, which operated until August 2018, had previously examined the UCC and issued a consultation paper on "Reforms of Family Law."
The 2018 paper suggested that while discriminatory laws should be reformed, a uniform code was "neither necessary nor desirable" at that time. It argued that the diversity of Indian culture should be celebrated, and the mere existence of different personal laws does not imply discrimination but reflects the vibrancy of democracy.
However, Modi's address clearly signalled a shift towards pushing for a UCC, a long-standing objective of the Bharatiya Janata Party (BJP). The concept of a Uniform Civil Code, which would replace personal laws based on religion with a common set of laws governing areas such as marriage, divorce, inheritance, and adoption, has been a key feature in successive BJP manifestos.
PM Modi's call for a UCC is likely to spark a renewed debate on the issue, with supporters arguing it is necessary for true secularism, while opponents caution against undermining India's cultural and religious diversity.
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