UNIFORM CIVIL CODE IN INDIA: A COMPREHENSIVE REVIEW

By Akanksha (UILS,Panjab University)

ABSTRACT

This paper explores the topic of on-going debate, which has been present since the formation
of the Constitution regarding the implementation of a Uniform Civil Code (UCC) in India.
The Dual nature of India laws, have been highlighted which distinguishes between the
concept of “Uniformity” in application of certain laws like Criminal Laws and the “non-
uniformity” is other laws which are specifically pertaining to “Personal Matters”. The
historical evolution of personal laws in India has also been traced beginning from the ancient
India till the British Colonial period, where deep-rooted diversity in Indian Personal Laws has
been demonstrated.Further,the stance of various eminent political figures who drafted the
constitution regarding the implementation of “Uniform Civil Code” (UCC) as prescribed
under Article-44 of the Constitution has been layed down. The paper lays down key attempts
made towards implementation of Uniform Civil Code, such as Hindu Code Bills, Special
Marriage Act and notable legal cases including the Shah Bano Case. It also examines the
current status of various Indian states towards adoption of Uniform Civil Code (UCC), where
Goa being an example of successful implementation of the Code. Furthermore, the arguments
for and against the implementation of a uniform Civil Code(UCC), emphasizing the Gender
Equality, streamlined legal processes, hurdles relating to balancing of Article-44 with Article-
25 have been analysed in detail. Finally, there has been comparison of India with countries,
like France,USA,Germany where UCC has been implemented with diverse approaches. In
conclusion the emphasis has been laid down as to the necessity and ways of addressing
India’s unique culture and religious diversity before the implementation of UCC effectively.

KEYWORDS: UNIFORM CIVIL CODE, RELIGIOUS DIVERSITY, CONSTITUTION OF

Page 1 of 12
OVERVIEW

In India, there are certain laws that apply uniformly to all the people. For instance, “Indian
Penal Code 1860”, “ Code of Criminal procedure 197”, “The Transfer of Prisoners Act,
1950” etc. But, there is existence of other laws, specifically pertaining to “Personal Matters”
which encompass issues relating to marriage, divorce etc. which doesn’t apply uniformly to
all the people, as different communities apply their respective laws in such matter which are
based on their practices and customs. Like, the marriages among Hindus are governed by
“The Hindu Marriage act 1955” and among Muslims are governed by “Muslim Marriage
Registration Act 1981”.Since, the formation of the Indian constitution, there has been
continuous debate regarding bringing all these personal laws under a single framework and
the implementation of a uniform civil code to govern all the personal matters but until now
there no such step has been taken due to dissenting opinions and challenges that can be faced
while implementation of Uniform laws.

SIGNIFICANCE OF PERSONAL LAWS IN INDIA

India, is the land of diverse cultures, languages, and traditions1, where different communities
have their unique traditions and customs. These different religious communities like Hindus,
Muslims, Christians, Jews and Parsis – are governed by their respective laws2 known as
“Personal Laws”. These laws are specifically in relation to matters like marriage, divorce,
maintenance, adoption and inheritance.3

TRACING THE ORIGIN AND EVOLUTION OF PERSONAL LAWS IN INDIA

Hindu Laws during the Ancient period were based on sacred texts such as “Smritis”,
“Vedas”, “Puranas”, and “Smritis” along with “Bhagwatgita”, “Ramayana” and
“Mahabharata”.4 Reliance was also placed on the teachings of various Hindu Sages. The
early writings did not clearly distinguish between public and personal laws. Later texts,
including the Manu Smriti, began to address these distinctions. Manu, considered the first

1
Shilpa Sharma, What is the Importance of Uniform Civil Code and Personal Laws in India? (May,10,2024)
https://www.lingayasvidyapeeth.edu.in/what-is-the-importance-of-uniform-civil-code-and-personal-laws-in-
india/
2
Archana Parashar, Religious Personal Laws as Non-State Laws: Implications for Gender Justice, 45 J. Legal
Pluralism & Unofficial Law 17 (2013)
3
IBID.
4
R.P. Choudhary, Evolution of Personal Laws in India, 8 Pramana Res. J. 4 (2018), ISSN 2249-2976.

Page 2 of 12
lawgiver, outlined a code divided into twelve chapters, covering various civil and criminal
laws as well as moral and religious guidelines.5

During the Medival period there was a rise in Mughal rule in India, Muslim law was
established based on the teachings of the Quran, where there was clear difference made
between public law known as “Huqullah” and private law called “Huququl Ebad”. “Hindus”,
during this period, were granted significant freedom to practice their religious rites and
ceremonies, as well as various privileges related to property and other temporal matters and
their disputes were typically referred to “Hindu Pandits”. Consequently, personal laws in
India have historically remained tied to the customs and traditions of their respective
religions.6

Furthermore, During the British colonial rule in India, there was a strategic decision not to
intervene in existing personal laws, which was suggested by the Lex Loci Report of 1840.7
and the Queen’s 1859 Proclamation.The primary focus of the British East India Company
was on matters concerning trade and commerce. Similar to the approach of the Mughals, the
there wasn’t any interference of British, extensively in the Private laws of the different
groups existing in the country, primarily overseeing criminal matters. For instance, the
“Charter of George II” in 1753 regulated personal matters only for Europeans, while Hindus
and Muslims were allowed to resolve their cases according to their customs and traditions.

Until the 1860s, Hindu and Muslim personal laws were administered in British-run courts by
assisted by "native law officers" such as pandits and qazis8. In the later years of British rule,
attempts were made to codify personal laws, with legislative enactments such as the
“Marriage Dissolution Act of 1866” and the “Indian Divorce Act of 1869”. Additionally, on
the recommendation of Sir Syed Ahmad Khan, the British enacted the “Kazis Act of 1881” to
appoint Kazis for Muslims, along with several other laws being enforced during this period.

Hence, by examining three periods, which include, Ancient Era, Medieval Times and British
Colonial Period the evolution of Personal Laws in India can be understood.

5
Michael R. Anderson, Islamic Law and the Colonial Encounter in British India, Women Living Under Muslim
Laws (1996)
6
A. Quraishi & M. H. Kamali, Principles of Islamic Jurisprudence, 2 J. L. & Religion (2000)
7
Anil Chandra Banerjee, English Law in India (Abhinav Publications 1984) (ISBN 978-81-7017-183-6)
(archived from the original on 17 February 2017)
8
Timur Kuran, Islam and Economic Performance: Historical and Contemporary Links, Journal of Economic
Literature (2018)

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RISE IN THE IDEA OF UNIFORM CIVIL CODE

When the Constitution of India was being drafted certain prominent leaders like
Dr.BR.Ambedkar and Jawaharlal Nehru and pushed for a uniform civil code.The issue of
implementing Uniform Civil Code sparked intense debates after the Independence in the
Parliament in 1948. Dr. B.R. Ambedkar, the principal figure behind the constitution together
with notable nationalists such as Gopal Swamy Iyenger, Anantasayam Iyengar, KM Munshi,
Alladi Krishnaswamy Iyer, and others, supported the idea for implementation of the UCC 9.
Yet, they faced resistance from Muslim extremists and other religious groups. To find a
middle ground, the makers of the Indian Constitution included the concept of a Uniform Civil
Code under Article-4410 of the Constitution, as Directive Principles of the State Policy.

PROVISIONS OF UCC UNDER THE CONSTITUTION OF INDIA

A Uniform Civil Code means that all sections of the society irrespective of their religion shall
be treated equally according to a national civil code, which shall be applicable to all
uniformly11. They cover areas like “Marriage”, “Separation and Divorce”, Maintenance of
Wife,Children and Elderly people”, the “inheritance” and “ Succession” of property,
“Adoption” etc.It is based on the concept that there exists no relationship between Religion
and Laws and everyone will be governed by same set of Laws.

The idea of UCC has been enriched under Article- 44 of the Indian Constitution which
provides for Directive Principles stating that, "The State shall endeavour to secure for the
citizens a uniform civil code throughout the territory of India"12

It is clear from the provisions of Section-44 that although the constitution expresses the idea
of UCC and believes that there should be one, but its isn’t obligatory because it falls under
the category of a directive principle, which are not legally binding and enforceable by any
court of law13

9
Hazarika, Raya, Should India Have a Uniform Civil Code? (October 25, 2010). Available at
SSRN: https://ssrn.com/abstract=1697580 or http://dx.doi.org/10.2139/ssrn.1697580
10
The Constitution of India, art. 44.
11
Nitin Mahendra Maurya , Uniform Civil Code: A Fundamental Necessity, 5 (6) IJLMH Page 1482 - 1493
(2022), DOI: https://doij.org/10.10000/IJLMH.113960
12
The Constitution of India, art. 44
13
The Constitution of India,art.37

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ATTEMPTS MADE FOR THE IMPLEMENTATION OF UNIFORM CIVIL CODE IN
INDIA

HINDU CODE BILLS

These bills were laws which were made during 1950’s to law down personal law related to
“Hindus” in India, replacing religious and customs related regulations with a unified legal
code. Prime Minister Jawaharlal Nehru's Indian National Congress government successfully
implemented these reforms. Following India's independence, Nehru championed these
reforms during the elections of 1952 and reintroduced the bills, leading to the passing of the
“Hindu Marriage Act 195514”, “Hindu Succession Act 1956”15, “Hindu Minority and
Guardianship Act 195616”, and “ Hindu Adoptions and Maintenance Act 195617.” These
laws apply to all individuals considered "Hindus," which includes Jains, Buddhists, and
Sikhs. Meanwhile, personal laws for Muslims, Christians, and Parsis, inherited from British
colonial rule, remain unchanged, sparking debates among various groups, including women,
religious, and nationalist organizations.18

SPECIAL MARRIAGE ACT

“Special Marriage Act of 195419” was passed by the Parliament of India, which was made
for the purpose of regulating civil marriage for every citizen irrespective of which religion
they are affiliated to. It allows any person to marry without being subject to any specific
religious personal law. It was a key towards the implementation of UCC.

SHAH BANO CASE - A FUTILE ATTEMPT TOWARD IMPLEMENTAION OF

After the Hindu Code bills were enactment, personal laws in India were predominantly
applied to the general population, while the Muslim community's laws remained unaltered.
The debate surrounding the uniform civil code saw a decline until the Shah Bano case, which
stirred nationwide controversy.

14
The Hindu Marriage Act, 1955, Act No. 25 of 1955, Acts of Parliament, 1955,(India)
15
The Hindu Succession Act, 1956, Act No. 30 of 1956, Acts of Parliament, 1956, (India)
16
The Hindu Minority and Guardianship Act, 1956, Act No. 32 of 1956, Acts of Parliament, 1956, (India)
17
The Hindu Adoptions and Maintenance Act, 1956, Act No. 78 of 1956, Acts of Parliament, 1956, (India)
18
Rina Williams, Postcolonial Politics and Personal Laws (Oxford University Press 2006).
19
The Special Marriage Act, 1954, Act No. 43 of 1954, Acts of Parliament, 1954, (India).

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Shah Bano, a 73-year-old woman, was divorced by her husband Muhammad Ahmad Khan,
through triple Talaaq, post which her husband stopped providing her any financial support.
Shah Bano filed a case seeking maintenance under “Section-125” of “The Code of Criminal
Procedure”, and the court ruled in her favour. Further, the decision was challenges before
the High Court by Ahmad Khan, on the grounds that she wasn’t entitled to maintenance
under Muslim Personal laws as the “Iddat” period has been expired, where same verdict as
lower court was given and Shah Bano was provided maintenance under CRPC. The decision
was again challenged before the supreme court of India, by Ahmed Khan on same grounds as
it was challenged before the High Court, where the Supreme Court of India gave ruling in
her favour, invoking the maintenance clause under “Section-125 of the Criminal procedure
Code 1973”, and recommended the establishment of a uniform civil code for national
integration. The Supreme Court expressed disregard over non-implementation of Article-44
of the Constitution.

This case triggered a significant political debate, with minority groups, particularly Muslims,
expressing concerns over the imposition of Hindu values and the threat to their cultural
identity20. Eventually, the “Muslim Women's (Protection of Rights on Divorce) Act”21 was
passed in 1986, making “Section-125 of the Criminal Procedure Code” inapplicable to
Muslim women seeking maintenance.

CURRENT STATUS OF UCC IN INDIA

ENFORCEMENT OF UCC IN GOA

Goa is the sole state in India where all communities, regardless of gender, religion, or caste,
adhere to the same family law. They have adopted “Uniform Civil Code” This code was
established during the 19th and 20th centuries by Portuguese colonizers. Under this code,
property is equally distributed between spouses and children regardless of gender.
Additionally, Muslim individuals who marry and register their marriages in Goa are
prohibited from practicing polygamy or issuing Triple Talaq. Upon divorce, property is
divided equally between spouses. Marriage registration is mandatory in Goa. 22

20
Bruce B. Lawrence & Aisha Karim, On Violence: A Reader (Duke University Press 2007).
21
The Muslim Women (Protection of Rights on Divorce) Act, 1986, Act No. 25 of 1986.
22
Choudhary Richa, Uniform Civil Code (July 12, 2020).
Available at SSRN: https://ssrn.com/abstract=3649628 or http://dx.doi.org/10.2139/ssrn.3649628

Page 6 of 12
IMPLEMENTATION OF UCC IN UTTARAKHAND

Uttarakhand recently enacted the Uttarakhand Uniform Civil Code Bill 2024, making it the
the first state in India to enforce a Uniform Civil Code (UCC). This legislation establishes a
unified legal framework governing various aspects like marriage, divorce, property
inheritance, etc., applicable to all inhabitants of Uttarakhand, with an exception of Scheduled
Tribes in state.

CURRENT STATUS OF OTHER STATES IN INDIA

In 2023, the Bharatiya Janata Party (BJP) outlined the enactment of the Uniform Civil Code
(UCC) as a prominent agenda item in Karnataka's electoral manifesto. The party pledged to
enact the UCC in Karnataka, in accordance with recommendations from a specialized
committee established for this purpose. Similarly, in Assam, Chief Minister Himanta Biswa
Sarma announced intentions to enforce the UCC by February 2024, emphasizing the
prohibition of polygamy and advocating for a standardized legal framework.

Likewise, in Maharashtra, BJP MLA Atul Bhatkhalkar advocated for the adoption of the
UCC in 2023. Prime Minister Narendra Modi also endorsed its implementation in the state
later that year, leading to the establishment of a nine-member committee to oversee the
process. Additionally, in Madhya Pradesh, the BJP government under Chief Minister Shivraj
Singh Chouhan expressed plans to establish a committee for UCC implementation in 2022.

Similarly, Haryana's Home Minister, Anil Vij, disclosed in 2023 that the UCC was under
consideration for implementation in the state. Emphasizing the principle of equality for all
citizens, Vij highlighted the potential applicability of the UCC in Haryana. Prior to the 2022
Gujarat assembly elections, the BJP announced its intention to introduce the UCC in the state.
In 2023, the Law Commission reignited discussions on the topic, soliciting fresh perspectives
from stakeholders for its implementation.

VIEWS AND PROSPECTS FOR IMPLEMENTAION OF UCC

 The Supreme Court of India emphasized the importance of implementing a uniform civil
code, in October 2015, stating that allowing each religion to determine its own laws
would not be acceptable. The Court emphasized that the establishment of such a code

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 should be through a judicial decree rather than being left to the discretion of religious
communities.23
 The Law Commission of India stated, that a uniform civil code is "neither necessary nor
desirable at this stage”24
 On June 14, 2023, the 22nd Law Commission of India25 asked for opinions of general
people and religious groups and organisations as to whether the Uniform Civil Code
should be implemented or not.

SUPPORT FOR THE IMPLEMENTATION OF UCC

Firstly, India being a secular and democratic country, should frame uniform civil and
personal laws for every citizen. Law should be drafted in such a way that it fosters principles
of equality and justice irrespective of the religious background. Furthermore, as all Indians
are treated equally when criminal laws and certain civil laws are concerned but it is not in the
case of personal laws. Therefore, if UCC is implemented then the special privileges granted
to specific communities would be eliminated and all the citizens would adhere to the same
laws.Secondlly, it has been noted that many laws across various religions exhibit biases
against women. For instance, under the “Muslim Personal Law (Shariat) Application Act,
1937”, polygamy is allowed for Muslim men, but it is not permissible for Muslim women.
Thus, the introduction of a Uniform Civil Code (UCC) is essential to eradicate such
discriminatory practices. Implementing a UCC would not only promote gender equality but
also empower women. Furthermore, UCC’S implementation will promote secularism as it
would ensure that same rules are applied to all the citizens and would separate personal laws
from religious influence. Another, argument supporting the Uniform Civil Code (UCC) is its
potential to streamline legal processes by consolidating various laws into a single,
comprehensible set of regulations. This simplification would enhance understanding and
compliance with the law.

23
Utkarsh Anand, Uniform Civil Code: There's total confusion, why can't it be done, SC asks govt, The Indian
Express (New Delhi, 13 October 2015).
24
Law Commission of India, https://lawcommissionofindia.nic.in/report_twentyfirst/ [2018];Muslim
intellectual proposes a revolutionary Uniform Civil Code", The Statesman; IANS, Ahmad, Tufail, My blueprint
for the Uniform Civil Code, (30 November 2016)
25
Law Commission of India https://lawcommissionofindia.nic.in/22nd-law-commission-of-india/[2024]

Page 8 of 12
Both High Court and the Supreme Court of India have, in various judgements highlighted the
necessity of implementing a Uniform Civil Code. Like in the case of Ms. Jorden Diengdeh v.
S.S. Chopra, the Supreme Court said that laws related to matrimonial affairs should be
reformed and called for implementation of A Uniform Civil Code26. Similarly, in Ahmed
Khan v. Shah Bano Begum, the Supreme Court lamented the inaction on the UCC,
highlighting its importance as to how it will manage the discrimination against women.27
Further, in “State of Bombay vs. Narasu Appa Mal” where the “Prevention of Bigamous
Marriage Act 1946” , was challenged, to be in violation of Article-14 of the Constitution of
India as it prohibits Hindus from practicing bigamy whereas it allows Muslim males to do so
under their personal laws. The court in this case once again highlighted the need for a
Uniform Civil Code.28 In landmark case of Sarla Mudgal v. Union of India, also, the
Supreme Court advocated for the enactment of a UCC to address inconsistencies and
differences in personal laws29. John Vallamattom v. Union of India, is another judgment
where the honourable Supreme Court of India pointed out the need for a UCC in order to
encourage harmony in the nation.30

CONFLICT/COMPLEXITIES IN IMPLEMENTAION OF UCC

The Cultural differences prevailing in India among various religions, castes and sects, pose a
major challenge in forming common and uniform laws, especially in relation to matters like
marriage,divorce,adoption etc. Attempting to harmonize such diversity may not be
appropriate and could jeopardize the preservation of distinct cultures.31 For instance, the
recent Citizenship Amendment Act has sparked unrest in the country, particularly concerning
Hindu-Muslim tensions. Therefore, introducing a Uniform Civil Code at present would likely
create tensions and conflicts, rather than fostering unity and harmony.

26
Ms. Jordan Diengdeh v. S.S. Chopra, (1985) 2 SCC 62 (India)
27
Mohommad Ahmed Khan v. Shah Bano Begum, 1985 SCR (3) 844 (India).
28
The State of Bombay v. Narasu Appa Mali, 1952 (84 ) AIR Bom
29
Sarla Mudgal v. Union of India, (1995) 3 S.C.R. 1531
30
John Vallamattom v. Union of India Writ Petition (Civil) 242 of 1997.
31
Gopala Anjinappa, A Comprehensive Study on Pros and Cons in Implementation of Uniform Civil Code, 7
Int'l J. Applied Res. 301 (2021), https://doi.org/10.22271/allresearch.2021.v7.i8d.8877.

Page 9 of 12
While many scholars view the Uniform Civil Code as a crucial test for secularism, national
unity, and gender equality32, minority groups fear that its implementation would erode their
religious identity and infringe upon their right to practice their religion.33

The conflict between implementing a Uniform Civil Code and protecting religious freedoms
arises from the Constitution of India. While the Constitution advocates for a Uniform Civil

Code,34 it also guarantees the freedom of conscience and the right to freely practice, profess,
and propagate religion for all individuals under Article-2535. Despite the constitutional
promise of equality before the law or equal protection of law 36, India maintains separate
personal law codes. Hence, it is argued that laws and regulations governing social
relationships pertaining to marriage, divorce, succession, adoption, etc., possess an inherently
secular nature and therefore “cannot fall within the scope of the protection provided under
Articl-25 and 26 of the Constitution."37 Therefore, the Uniform Civil Code poses a challenge
to the religious freedoms safeguarded by the Constitution under Article-25. The
implementation of a uniform civil code raises contentious issues regarding the right to
religious practice. Article 44 primarily aims to supersede individual customs and practices
relating to marriage, divorce, adoption, and succession with a standardized code, potentially
infringing upon the fundamental right to religious practice outlined in Article-25 of the
Constitution. This on-going debate has been a consistent feature since the constitution has
been framed.

WORLDWIDE IMPLEMENTATION OF UCC

Numerous Western countries have implemented a Uniform Civil Code. For instance, France
has its Civil Code, commonly referred to as the Napoleonic Code, which covers various legal
matters such as contracts, family relations, and property rights. 38 Similarly, Germany has

32
Tinju V. Thomas & Vinita Jones, Uniform Civil Code-A Voluntary Transformation, 2 GNLU JLDP 152, 152
(2010).
33
Shefali Murthy, Uniform Civil Code v. Secular Personal Laws, Bharati L. R. 289, 289 (2016)
34
The Constitution of India, art. 44
35
The Constitution of India, art. 25
36
The Constitution of India, art. 14
37
Sharma, Sharda Girijesh, Uniform Civil Code and Adoption Laws in India (July 17, 2008). Islamic Law and
Law of the Muslim World Paper No. 08-41, Available at
SSRN: https://ssrn.com/abstract=1162110 or http://dx.doi.org/10.2139/ssrn.1162110
38
Puneet Agarwal & Dr. Anna Nath Ganguly, Uniform Civil Code Implementation: Challenges And
Implications in Indian Diversity, 6 Int'l J. Multidisciplinary Res. 2 (Mar.-Apr. 2024)

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established its civil code called the Bürgerliches Gesetzbuch, which regulates property rights,
as well as personal and family law.39 Turkey has undergone legal reforms to modernize its
legal system, including the introduction of a civil code that replaced traditional Islamic laws
in certain areas. Israel has a legal system that incorporates elements of both civil law and
religious law, but there have been on-going discussions about the possibility of implementing
a UCC to address issues related to personal status matters.

Further, although, not explicitly codified, but variations of a Uniform Civil Code (UCC) are
present in different forms worldwide. For instance, Tunisia demonstrates gender equality in
its family and marriage laws, without a comprehensive national UCC covering all aspects. In
the United States, the absence of a UCC can be attributed to its adherence to Western
federalism, where individual states have autonomy to establish their own laws. However, the
principle that church and state are separate prevails, and no religion is granted special
legislative treatment. In the United Kingdom, despite its diverse population and various
religious communities, there is no Uniform Civil Code (UCC) in place. Instead, the UK
allows religious arbitration councils, such as Sharia councils for Muslims, to handle family
matters alongside the legal system. Similarly, Canada, renowned for its multiculturalism,
prioritizes the respect for religious and cultural diversity. Like the UK, Canada does not have
a UCC but ensures that its legal system remains secular and upholds individual rights.

CONCLUDING REMARKS

“Uniform Civil Code will help the case of national integration by removing disparate
loyalties to laws which have conflicting ideologies”40

After a comprehensive study of Uniform Civil Code, it can be concluded that the Constitution
complicate the enforcement of a Uniform Code. Article - 44 advocates for a UCC for
citizens, while Article-37 states that the principles outlined in Part IV are not enforceable in
court but are fundamental for governance, emphasizing that it is the duty given to a state to
enforce these principles. This implies a duty on the state to enact a UCC, as it has become
fundamental in governance.

39
"Uniform Civil Code In Foreign Countries: Its Evaluation From The Perspective Of India,"
LegalServiceIndia.com, https://www.legalserviceindia.com/legal/article-3843-uniform-civil-code-in-foreign-
countries-its-evaluation-from-the-perspective-of-india.html.
40
Supra Note 27

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Further, it is to be noted that as the primary objection raised against implementation of UCC
is that it violates Article-25, which guarantees the right to practice religion but Article-25
protects only those practices that are deemed essential and integral part of any particular
religion. Although, it is a fundamental right, but it is not an absolute right. Courts have
appropriately balanced religious freedoms with the government's duty to safeguard public
health, safety, and the overall welfare of society41. Therefore, the implementation of UCC
can’t be said to be against Article-25.Examining the Constitution's preamble, we find the
term "secular," indicates the freedom of religion. It states that as a secular state, governmental
interference in individual religious matters is deemed inappropriate. Additionally, individual
rights do not compromise India's unity and integrity, as religion pertains solely to personal
faith and remains distinct from secular activities. The State can regulate religious matters
through legislation and laws, as affirmed by the Supreme Court in the case of S.R. Bommai v.
Union of India.42

UCC’s implementation is hindered by complexities such as India's multi-religious nature,

41
Supra Note 28
42
S.R. Bommai v. Union of India, 1994 S.C.C. (3) 1

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