Forward Vision

The Past The buzz surrounding the Uniform Civil Code (UCC) did not start recently but has a long history dating back to the colonial era. Initially, the purpose of the UCC was to bring uniformity to penal laws rather than personal laws. However, views on the applicability and functionality of the UCC have changed since independence, giving rise to numerous questions. Many scholars believed that in a pluralistic country like India, implementing a UCC would be impractical. Throughout history, whenever a discussion on the UCC arose, the government tended to push it through without extensive deliberation. Another concern related to the UCC was whether it should be included in Part III or Part IV of the Constitution. Ultimately, it was decided that the UCC should fall under the Directive Principles of State Policy and not under fundamental rights. The word “Uniform Civil Code” is clearly included in Part IV, Article 44 of the Indian Constitution. The Shah Bano case, filed in 1985, raise...