"One Nation, One Law? Navigating the Tightrope Between Uniform Civil Code and Religious Freedom in India"

By: -        Natasha Rocha is a 4th year BBA LLB Law student, studying at  ISBR Law College affiliated to Karnataka State Law University.

-        Does UCC Conflict with Article 25 (Right to Religious Freedom)

Introduction

The debate over the Uniform Civil Code (UCC) in India has stirred political, legal, and social discourse for decades. Advocated as a tool to promote national integration and gender justice, the UCC proposes to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen.

At the heart of this debate lies a constitutional conundrum: Does the implementation of a Uniform Civil Code infringe upon the fundamental right to religious freedom under Article 25 of the Constitution of India? Or can these two constitutional ideals "secular uniformity” and “religious liberty” coexist in harmony?

This blog critically examines the need, feasibility, and constitutional implications of the UCC, aiming to unpack its complexities while addressing whether it truly conflicts with Article 25.

Understanding the Uniform Civil Code and Article 25

Uniform Civil Code refers to the proposal to replace personal laws based on religious customs and traditions with a unified set of secular laws applicable to all citizens, regardless of religion. These personal laws cover matters such as marriage, divorce, inheritance, adoption, and maintenance.

Article 25 of the Constitution guarantees freedom of conscience and the right to freely profess, practice, and propagate religion. However, this freedom is not absolute. It is subject to public order, morality, health, and other fundamental rights.

This sets the stage for a constitutional balance: ensuring equality and secularism without encroaching upon the essence of religious freedom.

Does UCC Conflict with Article 25?

At first glance, the idea of a UCC might appear to clash with the religious freedom protected by Article 25. After all, if individuals are no longer governed by religious personal laws, isn’t that an infringement on their religious practice?

Not quite.

The Supreme Court of India has consistently maintained a distinction between religious faith and religious practices. Only essential religious practices are constitutionally protected. Civil matters like marriage or inheritance, while influenced by religion, do not always qualify as “essential” religious practices.

# Key Judicial Precedents:

1.      Shah Bano Case (1985)

-        A Muslim woman was granted maintenance under Section 125 CrPC, despite Muslim personal law suggesting otherwise. The Court emphasized the importance of justice over religious technicalities.

2. Sarla Mudgal Case (1995)

-        The Court stressed the need for a UCC to prevent exploitation under the guise of religious conversion and personal law manipulation.

3. John Vallamattom Case (2003)

-        The Court struck down a section of Christian personal law that discriminated against Christians in matters of donation, calling it unconstitutional.

Therefore, The UCC does not per se violate Article 25. It only challenges practices that are civil in nature and not essential to the religion itself.

Why Does India Need a Uniform Civil Code?

India’s legal framework is a patchwork of personal laws that differ not only between religions but also within communities.

For instance:

Hindus are governed by the “Hindu Marriage Act”, Muslims by the “Shariat”, Christians by the “Indian Christian Marriage Act”, and Parsis by the “Parsi Marriage and Divorce Act”.

This diversity, though reflective of India's pluralism, has resulted in legal inequalities, particularly for women.

Reasons for Implementing UCC

1. Gender Justice

Many personal laws are inherently patriarchal. For example, Muslim women historically had fewer rights in divorce, and Hindu women were long denied coparcenary rights in ancestral property (until the 2005 amendment).

2. Equality Before Law

Article 14 guarantees equality, but it’s undermined when different communities are governed by different legal standards.

3. National Integration

A common set of laws promotes a sense of unity and shared citizenship.

4. Simplicity and Clarity

UCC would simplify the legal process and reduce the burden of interpreting diverse and often contradictory personal laws.

Is the UCC Feasible in India?

While the idea is noble, the practical implementation of the UCC is fraught with challenges.

-        Cultural and Religious Sensitivities

India is a deeply religious society. Any move perceived as interfering with religious customs is likely to face strong resistance—especially from minority communities who may fear majoritarian imposition.

-        Political Hesitancy

Although the Directive Principles of State Policy (Article 44) urge the state to strive for a UCC, successive governments have avoided legislating on it, fearing electoral backlash.

-        Legal Complexity

Drafting a single code that accommodates the vast religious, cultural, and ethnic diversity of India requires intense legal craftsmanship and broad consensus.

Goa: A Working Model?

Yes! The state of Goa is often cited as a successful example of the UCC in practice. Governed by the Portuguese Civil Code, it applies uniform civil laws to all communities—albeit with certain exceptions. It serves as proof that a uniform code can exist in a pluralistic society, though scaling it nationally is a different challenge.

Constitutional Implications of Implementing UCC

Harmonization with Fundamental Rights

The key lies in harmonizing Article 25 with Article 14 (Equality) and Article 44 (Directive Principle for UCC). The judiciary has reiterated that no Fundamental Right is absolute—they must coexist in a balanced framework.

Legislative Competence

Personal laws fall under the Concurrent List—both Parliament and State Legislatures can legislate on them. Thus, states can also take the lead, and a gradual, state-by-state rollout could be a workable strategy.

A Middle Path: Gradual and Inclusive Reform

Implementing UCC need not mean bulldozing centuries-old traditions overnight. Instead, a “phased, consultative, and gender-just approach” can ensure both constitutional compliance and social harmony.

Recommendations:

The States in India Can Start with optional UCC—a model civil code that individuals can voluntarily adopt, codify personal laws for clarity and internal reform, as done with Hindu law, Ensure representation from all communities in the drafting process and Conduct extensive public consultations to build trust and awareness.

Conclusion: Can Unity and Diversity Coexist?

The Uniform Civil Code is not an assault on religion; it is a call for legal equality and justice. It is about ensuring that personal liberty is not curtailed by religious dogma, and that citizenship overrides communal identity in civil matters.

Far from clashing with Article 25, a well-drafted UCC could actually uphold the spirit of the Constitution—securing justice, liberty, and equality for all.

As India evolves, the question is not if but how we implement the UCC.

The real challenge lies in bridging the gap between “Tradition and Modernity”, between “Unity and Diversity”, and between “Law and Belief”.

Date: 31st July 2025