Uniform Civil Code: Skepticism on Its Practical Possibility in India

Abstract

In India, we have different set of laws for various religious communities relating to personal matters like marriage, divorce, adoption, maintenance and property known as personal laws.  Uniform Civil Code is the proposal to replace the personal laws  of each religious community in India with a common set governing every citizen irrespective of religion.  Article 44 of the Constitution exhorts the State to endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India. The Law Commission of India headed by Dr. Justice B.S Chauhan (Former Judge, Supreme Court of India) has prepared a questionnaire to solicit opinions and ideas of public at large about the ways in which family law reform could be introduced in the most integrative manner that does not compromise the diversity and the plurality that constitutes the core of India’s social fabric. The Law Commission of India has appealed all concerned to engage with it on comprehensive exercise of the revision and reform of family law, as the Article 44 of the Indian Constitution provides that “the State shall endeavor to provide for its citizens a Uniform Civil Code throughout the territory of India”. The objective behind this endeavor is to address discrimination against vulnerable groups and harmonise the various cultural practices. The Commission invited suggestions on all possible models and templates of a common civil code.