Answer: 

UCC is a set of rules/regulations which proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen. 

Article 44 of the Constitution lays down that the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India. 

Need for UCC 

1. Equality and Non-Discrimination: 

• Uniform Civil Code aims to provide the same set of rights and responsibilities to all individuals irrespective of their religious background. 

1. Secularism: 

• It promotes the separation of religion from legal matters. The common civil code aligns with the principle of secularism, creating a foundational value in many modern democracies.
• In S.R. Bommai v Union of India, as per Justice Jeevan Reddy, it was held that religion is the matter of individual faith and cannot be mixed with secular activities. Secular activities can be regulated by the State by enacting a law.

1. Women's Rights: 

• UCC could address disparities in personal laws related to marriage, divorce, inheritance, and other matters which could promote gender equality. For example, Some personal laws allow for triple talaq, polygamy and marriage before the age of 18 years based on religious practices, violating the human rights of women.
• Apex court in Shah Bano Case, 1985 directed parliament to frame UCC.

1. National Integration: 

• A common civil code is thought to contribute to a sense of common identity and shared values among citizens. 

1. Legal Clarity and Simplicity: 

• A single set of laws simplifies legal processes, reduces confusion and makes it easier for citizens to understand and navigate the legal system. 

Discussions regarding implementation of UCC have been taking place recently. But there are certain challenges that are to be assessed before implementing UCC. 

Challenges in implementing UCC 

1. Threat to Cultural and Religious Autonomy and Diversity: 

• Personal laws are deeply rooted in cultural and religious traditions and imposing a uniform code may undermine these traditions. 
• Law commission consultation paper argued that Secularism cannot contradict the plurality prevalent in the country. E.g., Marriage among close relatives is prohibited in the north but considered auspicious in the south.
• Justice B.S. Chauhan (Chairperson of the 21st Law Commission) said “cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation”.

1. Violation of Freedom of Religion: 

• Individuals have the right to follow their personal laws based on their religious beliefs without interference from the state under Article 25 of the Indian Constitution. 

1. Political Opposition: 

• UCC is politically sensitive and opposition might be influenced by political considerations. Some parties may use the UCC debate as a means to mobilize support.

1. Diversity in personal laws: 

• Against the constitutional principles: The Constitution itself protects the local customs of Nagaland, Meghalaya and Mizoram under Article 371 and applications of UCC may go against it.
• There are certain tribes in Meghalaya follow a female line of descent. These differences in cultural practices would also have to be considered when it comes to drawing up a Uniform Civil Code. 

1. Potential for Backlash: 

• There is a concern that attempting to impose a UCC without adequate consultation and consensus-building might lead to backlash and resistance. 

Way Forward 

1. Wide Consultation: 

• Begin the process with extensive consultations involving legal experts, religious leaders, community representatives, women's groups and other stakeholders.  

1. Public Awareness Campaigns: 

• Clear communication with people can help dispel misconceptions and garner support for the idea of a common civil code. 

1. Gradual Implementation: 

• The Law Commission of 2018 proposed that "rights can be reconciled by making piecemeal changes to laws wherever necessary" in the numerous personal laws. 

1. Personal laws codification:

• The Law Commission states that all personal laws pertaining to family matters should be codified as much as possible. 

Cases like Shah Bano Case 1985, Sarla Mudgal Case 1995, Paulo Coutinho vs Maria Luiza Valentina Pereira (2019) aim to promote the implementation of UCC. The gradual implementation of UCC is required along with Discussion with minorities and experts.