What Happened
- The Chhattisgarh cabinet approved the formation of a high-level committee — headed by retired Justice Ranjana Prakash Desai — to prepare a draft Uniform Civil Code (UCC) for the state, making Chhattisgarh the second state after Uttarakhand to formally initiate a state-level UCC drafting process.
- The committee will consult citizens, legal experts, religious leaders, and other stakeholders before presenting a draft to the state assembly.
- The opposition Congress strongly criticised the move, alleging it would harm Chhattisgarh's tribal population, which constitutes approximately 32% of the state's population and relies heavily on customary personal law for marriage, inheritance, land transfers, and community governance.
- The cabinet also separately approved a 50% property registration fee concession for women, framing the UCC initiative within a broader gender equity agenda.
- Tribal community leaders expressed concern that a UCC could override constitutionally protected customary practices under the Fifth Schedule, PESA Act, and land alienation protections specific to tribal areas.
Static Topic Bridges
Article 44 and the Uniform Civil Code: A Non-Justiciable Directive
Article 44 of the Constitution, under Part IV (Directive Principles of State Policy), states: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." DPSPs are not justiciable — they cannot be enforced in court — but they are "fundamental to governance" and the courts have repeatedly held that the state has a duty to progressively move towards their realisation. The UCC remains one of the most politically contentious DPSPs because it directly engages with personal laws tied to religion and community identity.
- Article 44: non-justiciable DPSP directing the state to work towards a UCC
- Personal laws currently in force: Hindu Marriage Act 1955, Hindu Succession Act 1956, Muslim Personal Law (Shariat) Application Act 1937, Indian Christian Marriage Act 1872, Parsi Marriage and Divorce Act 1936
- These religion-specific laws govern marriage, divorce, inheritance, adoption, and maintenance
- The Supreme Court has invoked Article 44 in several judgments (Shah Bano 1985, Sarla Mudgal 1995) to urge Parliament to act
- Uttarakhand enacted India's first state-level UCC in 2024, covering marriage, divorce, inheritance, live-in relationships — but explicitly exempted Scheduled Tribes
Connection to this news: Chhattisgarh's UCC move follows the Uttarakhand model but is more politically sensitive given the significantly larger tribal population (32% vs Uttarakhand's ~3%), making tribal exemptions a central negotiating point.
Goa's Civil Code: The Only Existing State UCC
Goa is currently the only Indian state with a functioning Uniform Civil Code, applicable to all residents regardless of religion. The Goa Civil Code is based on the Portuguese Civil Code of 1867, which continued to apply after Goa's liberation in 1961 and was formally retained under the Goa, Daman and Diu Administration Act, 1962. It governs matters including matrimonial property, inheritance, and registration of births, deaths, and marriages uniformly.
- Goa Civil Code: based on Portuguese Civil Code (1867), Napoleonic Code tradition
- Applies to all Goa residents regardless of religion; limited exemptions for certain Hindu communities
- Covers: matrimonial property regime (community of acquests), inheritance, succession, registration
- Contrast with national law: the rest of India has religion-based personal laws, not a unified code
- Limitation: Goa's code has been criticised for patriarchal inheritance provisions not fully aligned with gender equality
Connection to this news: Goa's experience demonstrates that a state-level UCC is constitutionally permissible but practically complex — and that even a "uniform" code often contains internal carve-outs that negotiate community sensitivities.
Tribal Customary Law and Constitutional Protections
Chhattisgarh is a Fifth Schedule state with a substantial Scheduled Tribe population (~32%, primarily Gonds, Baigas, Halba, Oraon, and others). The Fifth Schedule (Article 244(1)) allows the Governor to modify or abrogate any central or state law in Scheduled Areas. The Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) recognises the gram sabha's right to manage community resources and adjudicate disputes in accordance with customary law and tradition. Tribal personal law — covering marriage forms, inheritance systems (often matrilineal or bilateral), and community land transfers — is deeply intertwined with customary practice and is not codified under national personal law statutes.
- Fifth Schedule (Article 244(1)): applies to tribal areas in Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Rajasthan, Telangana
- PESA Act 1996: empowers gram sabhas in Scheduled Areas to manage land, minor forest produce, water bodies, and social justice
- Customary practices at risk: tribal marriage forms (including without formal registration), widow remarriage customs, clan-based inheritance, community forest and land use rights
- Opposition Congress argument: a UCC without explicit tribal exemptions will override these protections, potentially enabling land alienation to non-tribals via marriage or inheritance routes
- Uttarakhand precedent: its 2024 UCC explicitly excluded Scheduled Tribes — Chhattisgarh's committee will face pressure to include a similar exemption
Connection to this news: The tribal community's anxiety is rooted in a concrete fear — that codification of personal law on "uniform" Hindu/mainstream lines will strip customary protections that serve as de facto land and resource shields for tribal communities.
Key Facts & Data
- Chhattisgarh tribal population: ~32% Scheduled Tribes (one of the highest among non-NE states)
- UCC committee head: retired Justice Ranjana Prakash Desai (also chaired the Press Council of India)
- Second state to initiate UCC drafting: after Uttarakhand (2024 UCC enacted)
- Article 44: Directive Principle — non-justiciable but constitutionally directive
- Goa Civil Code: based on Portuguese Civil Code, 1867; only working state-level UCC
- Uttarakhand UCC (2024): explicitly excluded Scheduled Tribes from its ambit
- PESA Act 1996: gives tribal gram sabhas authority over customary law matters in Scheduled Areas
- Fifth Schedule areas in Chhattisgarh: Sarguja, Bastar divisions and other notified districts
- Chhattisgarh also approved: 50% property registration concession for women (same cabinet meeting)