State-wise common civil codes contradict UCC idea

After Uttarakhand promulgated a Uniform Civil Code (UCC), a few other BJP-ruled states decided to follow suit.

- Kaleeswaram Raj

Gujarat has set up a committee to draft its code, which held its first sitting on Tuesday. Uttar Pradesh, Madhya Pradesh, and Assam have also moved for similar laws.

Article 44 of the Constitution, as a directive principle, says that there should be an endeavour towards promulgating a UCC for all citizens "throughout the territory of India". Different civil codes in the states are antithetical to the very constitutional idea of UCC. Instead of unifying the citizens of the country under the umbrella of a common code, state-wise codes do the opposite.

Such a scenario can be intrinsically divisive, as a nation with different civil laws in different states was never intended by the framers of the Constitution. Thus, state-wise UCCs are a contradiction in terms.

A mandatory UCC for India has always been a contested concept. When KM Munshi pleaded for it in the Constituent Assembly, there was stiff opposition from Muslim members such as Muhammad Ismail Sahib, Naziruddin Ahmad, Mahboob Ali Bahadur, B Pocker, and Hussain Imam.

BR Ambedkar favoured an optional civil code, that would enable the citizens, if they want, to accept a common civil law for the purpose of marriage, inheritance, and other such life-events.