What Happened
- The Chhattisgarh government has constituted a high-level committee to examine the feasibility of implementing a Uniform Civil Code (UCC) in the state, following Uttarakhand (the first state to enact a UCC in 2024).
- The panel is expected to conduct public consultations and consult legal and constitutional experts before drafting recommendations.
- If Chhattisgarh proceeds, it would become the second BJP-governed state to adopt a state-level UCC, signalling a broader national trend.
- The move comes amid the national debate on the UCC, which was a key BJP manifesto commitment and was recommended by the Law Commission of India.
- Opponents — particularly religious minority communities and tribal groups — have raised concerns about the impact on personal laws and customary practices.
Static Topic Bridges
Uniform Civil Code: Article 44 and Directive Principles of State Policy
Article 44 of the Constitution — one of the Directive Principles of State Policy (DPSPs) — directs the State to endeavour to secure for citizens a Uniform Civil Code (UCC) throughout the territory of India. Unlike Fundamental Rights, DPSPs are not enforceable in courts but are "fundamental in the governance of the country" (Article 37).
- Article 44 (Part IV — DPSPs): "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India."
- A UCC would replace religion-specific personal laws (Hindu personal law, Muslim personal law, Christian personal law, Parsi personal law, etc.) with a single set of civil laws governing marriage, divorce, inheritance, adoption, maintenance, and guardianship for all citizens.
- The Supreme Court has repeatedly called for a UCC: in Shah Bano (1985), in Sarla Mudgal v. Union of India (1995), in John Vallamattom v. Union of India (2003), and in Jose Paulo Coutinho v. Maria Luiza Valentina Pereira (2019).
- Goa is the only state with a uniform civil code already in operation (the Portuguese Civil Code, inherited from colonial rule, which applies to all residents regardless of religion).
Connection to this news: Chhattisgarh's panel formation represents a state-level exercise in implementing what Article 44 mandates at the national level — a significant step, especially since most such attempts have been at the Centre.
Uttarakhand UCC and the State-Level UCC Model
Uttarakhand became the first state in post-independence India to enact a Uniform Civil Code when the Uttarakhand Uniform Civil Code Act, 2024 was passed and received Presidential assent in March 2024.
- Uttarakhand UCC Act, 2024: covers marriage and divorce, inheritance, live-in relationships, and adoption; applies to all residents of Uttarakhand regardless of religion.
- Exemptions: tribal communities are exempted from the Uttarakhand UCC under the Act's specific carve-out — a significant concession to protect customary laws of Scheduled Tribes.
- The Uttarakhand UCC was drafted by a committee headed by retired Supreme Court judge Justice Ranjana Prakash Desai.
- The Act has been challenged in the Uttarakhand High Court on constitutional grounds.
Connection to this news: Chhattisgarh's process mirrors Uttarakhand's — starting with a high-level committee before drafting legislation. The model of a retired Supreme Court judge heading the panel (used in Uttarakhand) may also be replicated.
Personal Laws in India: Constitutional Position
India's personal law system allows each religious community to be governed by its own civil laws in matters of marriage, divorce, succession, and guardianship. This pluralism, inherited from colonial rule, is constitutionally protected to the extent that it does not violate Fundamental Rights.
- Hindu personal law: codified by four Acts in 1955–56 — Hindu Marriage Act (1955), Hindu Succession Act (1956), Hindu Minority and Guardianship Act (1956), Hindu Adoptions and Maintenance Act (1956).
- Muslim personal law: governed primarily by the Muslim Personal Law (Shariat) Application Act, 1937; partially codified (e.g., Dissolution of Muslim Marriages Act, 1939).
- Christian personal law: Indian Christian Marriage Act (1872), Indian Divorce Act (1869).
- Parsi personal law: Parsi Marriage and Divorce Act (1936).
- Tribal customary law: protected under Fifth Schedule (central tribal areas) and Sixth Schedule (north-east tribal areas); many tribes have distinct inheritance and succession customs not codified in any statute.
- Article 25: freedom of religion includes the right to manage religious affairs; Article 26: right of religious denominations to manage their own affairs — both are potentially in tension with a UCC.
- The Supreme Court in Kesavananda Bharati (1973) and subsequent cases has held that personal law rights may need to yield to gender justice imperatives under Article 14 (equality) and Article 15 (non-discrimination).
Connection to this news: Any state or central UCC must navigate the tension between Article 44 (directive to enact UCC), Articles 25–26 (religious freedom), and the tribal protections under the Fifth and Sixth Schedules — explaining why tribal communities in Chhattisgarh (a state with a significant tribal population) are among the most vocal opponents.
Key Facts & Data
- Article 44 (DPSP, Part IV): directive to the State to secure a uniform civil code — not enforceable in courts but guides legislation.
- Goa: only state with a functioning UCC (Portuguese Civil Code, retained post-1961 annexation).
- Uttarakhand UCC Act, 2024: first post-independence state-level UCC; drafted by Justice Ranjana Prakash Desai committee; tribal communities exempted.
- Supreme Court calls for UCC: Shah Bano (1985), Sarla Mudgal (1995), Jose Paulo Coutinho (2019).
- Chhattisgarh: BJP-governed state; high-level panel constituted 2026 for public consultation and expert advice.
- Key personal law statutes: Hindu Marriage Act 1955, Hindu Succession Act 1956, Muslim Personal Law (Shariat) Application Act 1937, Indian Christian Marriage Act 1872.