In order to understand the aforementioned subject, the research paper titled “Uniform Civil Code: A Detailed Analysis”by  Tanya Sharma would be a good introduction as the paper goes through the certain historical developments on the matter, its mention in the constitution, the efforts that have been made for its implementation and also the current development on the issue.

Another good piece is titled UNIFORM CIVIL CODE by Richa Choudhary. The paper talks about the Uniform Civil Code in relation with the personal laws already in place, the constitution and goes through the Uniform civil code that is already implemented in Goa. It also goes through the various arguments that are put forward both in favour and against the issue and mentions the landmark cases related to the subject.

History of Uniform Civil Code in India

The origin of the UCC dates back to colonial India when the British government submitted its report in 1835 stressing the need for uniformity in the codification of Indian law relating to crimes, evidence, and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.

The Lex Loci Report of October 1840stressed the importance and necessity of uniformity in the codification of Indian law, relating to crimes, evidence and contract. But, it also recommended that personal laws of Hindus and Muslims should be kept outside such codification.

The Queen in the year 1859 pledged complete non-interference in the religious matters of the people of India.

Therefore, although, the criminal laws in the country were codified and applied to everyone all the same, the personal laws were still governed by individual codes for different regions.

The British government did however interfere in the personal matters of the people as it enacted the following civil laws:-

1. The Married Women Property Rights Act was introduced in 1874 to give Hindu women the right over their ancestral properties.

2. The Age of Consent Act of 1891 raised the age of sexual intercourse of all girls, married or unmarried, from ten to twelve years in all jurisdictions.

3. The Child Marriage Restrain Act of the year 1929 provided for the minimum age of marriage, which was to 18 and 14 for boys and girls respectively.

Many prominent members of the Constituent Assembly of India including Dr.B.R.Ambedkar and Jawaharlal Nehru pushed for a uniform civil code in the country, but they ultimately settled for it to be made a directive principle of state policy. Some of the reforms enacted after independence include The Hindu Code Bill, The Hindu Succession Act, 1956, The Hindu Marriage Act, Minority and Guardianship Act, Adoptions and Maintenance Act and the  Special Marriage Act.In the Shah Bano case, the supreme court ruled in her favour in 1985 under the “maintenance of wives, children and parents” provision (Section 125) of the All India Criminal Code, which applied to all citizens irrespective of religion. Further, the supreme court also recommended that a uniform civil code be set up.

The Requirement of A Uniform Civil Code

1. India is a modern nation state with secular values where no religion gets any preference over the other. In the same spirit of the constitution the country should adopt common civil and personal laws for its citizens irrespective of their religion, class, caste, gender etc.

2. Another argument in favor of a Uniform Civil Code is that it would promote gender equality and women's rights. Under the current system of personal laws, women are often subject to discriminatory practices, such as polygamy, unequal inheritance rights, and restrictions on their right to divorce. By replacing these laws with a common set of laws that guarantee equal rights to all citizens, regardless of their gender, a UCC would help to promote gender equality and empower women.

3. A Uniform Civil Code would promote national integration and unity. India is a diverse country with many different religious communities, and the existence of different personal laws for each community can lead to divisions and conflicts. By replacing these laws with a common set of laws that apply to all citizens, a UCC would help to promote a sense of national unity and strengthen the bonds of citizenship.

4. The Uniform Civil Code would simplify the legal system and make it more accessible to ordinary citizens. Under the current system, there are multiple sets of laws that apply to different religious communities, making the legal system complex and difficult to navigate. By replacing these laws with a common set of laws, a UCC would make the legal system simpler and more transparent, and would ensure that all citizens have access to the same legal rights and protections.

5. A Uniform Civil Code would also help to promote modernization and progress. Personal laws are often based on traditional practices and beliefs that may be out of step with modern values and ideals. By replacing these laws with a common set of laws that reflect modern values and principles, a UCC would help to promote progress and modernization in Indian society.

6. A Uniform Civil Code would also help to promote the secular character of the Indian state. India is a secular country, and the Constitution guarantees the right to freedom of religion. However, the existence of different personal laws for different religious communities can create the perception that the state is favoring one religion over others. By replacing these laws with a common set of laws that apply to all citizens, a UCC would help to reinforce the secular character of the state and ensure that all citizens are treated equally under the law.