Prime Minister of India Narendra Modi reaffirmed on Sunday his call for a “secular civil code,” underscoring the strong support his administration has demonstrated for the introduction of the code since the commencement of his term. The address builds on Modi’s Independence Day speech, in which he argued strongly for the establishment of a secular Uniform Civil Code (UCC), arguing that laws dividing the nation based on religion should be repealed since they are out of sync with the needs of contemporary society. Modi called on political parties to unite in favor of a secular civil code to end social differences and guarantee justice for all people.
The UCC refers to a uniform system of laws covering private issues such as marriage, divorce, inheritance, and adoption that apply to all citizens, regardless of their religious beliefs. It seeks to replace the current framework in India, where many religious groups are regulated by rules derived from sacred texts and practices unique to their faith. It is specified in Article 44 of the Indian Constitution, which states that the government should work towards developing a uniform civil code for residents throughout the country. The ruling Bhartiya Janata Party (BJP) manifesto for the 2024 Indian General Elections emphasizes that the party considers a uniform civil code in the national interest.
Proponents of the code contend that by removing religious obstacles, a UCC will advance gender justice, national integration, and equality before the law. They argue that, in accordance with Article 14 of the Constitution of India, which guarantees equality before the law, it would provide equal rights and treatment for all people. Furthermore, a common set of laws could foster a sense of unity and national identity among diverse communities, promoting national integration by reducing divisions created by different personal laws based on religion.
Conversely, critics express concerns about preserving religious and cultural diversity, viewing the UCC as a potential threat to religious freedom. They argue that India’s diverse religious groups each have unique personal laws based on their sacred texts and practices, posing significant challenges for a UCC to establish common ground. Additionally, they contend that a UCC may violate the basic rights of individuals to freely practice their faith, contravening Articles 25 and 26 of the Indian Constitution, which guarantee freedom of conscience and the right to manage religious affairs, respectively.
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