The Supreme Court was informed today, October 24, that the government is currently reviewing a draft of the Uniform Civil Code (UCC), a legislative proposal aimed at standardizing personal laws across different communities in India. The revelation came during a discussion of a case involving questions about the applicability of personal laws to individuals who do not adhere to any religious belief.
During the platinum jubilee celebrations of the Rajasthan High Court in Jodhpur, Prime Minister Narendra Modi underscored the judiciary’s support for a secular civil code, which he had also highlighted in his Independence Day speech. Modi criticized the existing “communal civil code” for discriminating based on religion and emphasized the need for a uniform set of laws.
In its affidavit, the government, through the law ministry, stressed the significance of Article 44 of the Constitution. This directive principle of state policy is not legally enforceable but serves as a fundamental aim to unify the personal laws concerning marriage, divorce, inheritance, and succession under a common legal framework.
“This provision is designed to promote national integration by uniting communities on a common platform regarding issues currently governed by various personal laws,” stated the government’s affidavit. It also highlighted that having separate laws for different religions undermines national unity and perpetuates discrimination.
The case before the Supreme Court involved a petition by Safiya PM, a self-professed non-believer, who sought to be governed by the Indian Succession Act instead of Sharia law, citing the absence of a legal provision allowing her to opt-out of the Muslim Personal Law (Shariat) Application Act, 1937.
Addressing the court, Additional Solicitor General Aishwarya Bhati said, “The government is looking into the UCC; we don’t know if it will be implemented or not. Parliament will make the final decision.” The bench, led by Chief Justice DY Chandrachud, took note of this and directed the government to submit a detailed response on the matter.
Justice Chandrachud also responded to the petitioner’s concerns about personal law applicability, stating, “We cannot issue declarations on personal laws like this. You can challenge Sharia law, and we will address it. How can we order that a non-believer be governed by the Indian Succession Act? This cannot be done under Article 32.”
