UCC is about equal treatment, not appeasement | Opinion

By-Vimlesh Nigam, Advocate, Supreme Court

Uttar Pradesh, the most populous state in the country, with a social and cultural heritage spanning thousands of years and the largest Legislative Assembly in India, has an identity as vast as its social responsibilities.

Therefore, any major legislative change introduced here does not remain confined to the state's boundaries but also influences the national discourse. The debate on the Uniform Civil Code (UCC) assumes significance in this broader context.

Ensuring equality, gender justice and strengthening constitutional values through uniformity in civil rights relating to marriage, divorce, inheritance, adoption and family matters, despite differing provisions under various personal laws, are among the key arguments in its favour.

The need for a UCC in Uttar Pradesh is also felt because a citizen's identity should be defined by equal rights and a common law before their individual faith. This would undoubtedly be an important step for the state towards translating the Constitution's principle of equality into practice.

The fundamental concept of the Uniform Civil Code (UCC) is rooted in the principle that equality before the law is not merely a matter of administrative convenience, but the foundation of citizens' dignity and constitutional justice.

Uttarakhand took the first step in this direction in January 2025. Subsequently, Gujarat, Assam and Madhya Pradesh passed their respective Bills in 2026, and now Uttar Pradesh is being discussed in this context.

The question is not whether the UCC is necessary, but whether a state that has given the country a new identity in terms of law and order should not also take steps towards social justice. For the government of Chief Minister Yogi Adityanath, which has placed law and order at the core of its governance agenda, it is imperative to move forward in this direction.

The most important aspect of the Uniform Civil Code is not to stand against any particular religion, but to stand in favour of citizens. The first and foremost aspect is the 'guarantee of justice for women'. The Modi government abolished inhuman practices such as triple talaq, freeing Muslim women from the fear of a system in which their entire lives could be devastated in an instant.

The Yogi government must now move forward to complete this unfinished task of justice. The proposed UCC provides for a complete ban on polygamy, nikah, halala and unilateral divorce without any legal procedure.

Daughters will now have equal rights as sons in ancestral property, while derogatory terms such as 'illegitimate child' have been removed from the law to ensure equal inheritance rights for every child. This is not about targeting any one community. This is not appeasement, but equal satisfaction, where daughters of every religion receive equal protection and equal respect.

The second aspect is the expansion of the rule of law. The Yogi model has always stood for the end of mafia rule and the establishment of a system of governance where the law is equal for everyone.

Today, differing religious laws governing marriage, divorce and inheritance leave room for corruption, fraud and exploitation at police stations and courts. Mandatory registration of every marriage and divorce will put an end to such practices.

Going a step further, the Uniform Civil Code will make registration of live-in relationships mandatory within one month and effectively prevent marriages involving concealed identities, relationships established through coercion or deception, and child marriages.

These provisions will serve as a protective shield, particularly for young people and women, safeguarding them against deceit and exploitation.

Respect for tradition and the end of discrimination constitute the third aspect of the UCC. The Yogi government fully understands that cultural identities cannot be suppressed in the name of uniformity.

Accordingly, all Scheduled Tribes covered under Article 342 of the Constitution, along with their traditional rights, have been kept completely outside the ambit of the UCC.

This exemption alone is sufficient to establish that the UCC is not being introduced to erase anyone's culture, but to ensure equal justice for all citizens. Those who describe it as cultural interference should take note of this constitutional protection.

In the context of Uttar Pradesh, the fourth and perhaps most decisive aspect is that the state has an opportunity to emerge as a mega-model for the UCC.

Uttarakhand has a population of around 1.25 crore, while Uttar Pradesh is a vast state with a population of 24 crore. Once enacted, this law will not remain merely the law of one state; it will become a mega-model that the entire country can look up to as a reference point in the coming years.

If the UCC is implemented in Uttar Pradesh before the 2027 Assembly elections, it will send a clear message that the state is now ready to lead the country not only in terms of population, but also in justice and good governance.

The issue of property and inheritance is equally important in this context. In rural Uttar Pradesh, property disputes continue to be one of the biggest causes of social tension and family discord. When the law treats people differently on the basis of religion, it institutionalises inequality. When the law is uniform for everyone, it makes justice universal.

This is precisely the difference between appeasement and equal satisfaction. Granting special concessions to a particular section creates divisions, whereas giving equal rights to everyone strengthens social unity.

Now, coming to the opposition. Parties such as the Congress, Samajwadi Party and AIMIM oppose the UCC, invoking the religious freedoms guaranteed under Articles 25 and 26. However, the people of Uttar Pradesh understand very well that religious freedom means the freedom to practise one's faith and follow one's mode of worship, not the freedom to perpetuate the exploitation of women or protect unequal treatment. The picture, therefore, is clear.

The UCC is not merely a legal reform for Uttar Pradesh, but a historic opportunity to strengthen social justice, women's safety and the rule of law. It should not be introduced to push anyone to the margins, but to ensure equal dignity and equal justice for every citizen, irrespective of their religion or community.

If implemented with the right intent, sensitivity and comprehensive dialogue, the UCC will enable Uttar Pradesh to establish a new benchmark not only for its 24 crore citizens but for the entire country. It will be a benchmark that demonstrates how the state can be number one not only in population, but also in justice.

Dr. Bhimrao Ambedkar viewed the Constitution not merely as a document of governance, but as an instrument of social transformation. The debate on the Uniform Civil Code must also be viewed from this perspective. Identities may remain distinct and faiths may differ, but every Indian must stand equal when it comes to civil rights.

(The views expressed in this article are those of the author and do not necessarily reflect those of Zee News.)

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