UCC Prevents Citizens From Being Forced To Follow Own Religion, Compelled Diversity Should Be Ended: Harish Salve

06 Aug 2025 --
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What is Uniform Civil Code (UCC)?

The Uniform Civil Code refers to a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption for all citizens irrespective of religion.

The idea is to replace religion-based personal laws with a single, uniform law applicable to all.

Principle Explained

1. Citizens Should Not Be Forced to Follow Their Own Religion’s Personal Laws

Personal laws based on religion sometimes impose discriminatory practices or restrictions on individuals.

Forcing citizens to follow personal laws solely based on their religion infringes on their fundamental rights, including equality and freedom of choice.

Compulsory adherence to different personal laws creates legal pluralism, which can lead to inequality and discrimination.

2. Compelled Diversity Should Be Ended

The current system of different personal laws for different religious communities leads to legal fragmentation.

This “compelled diversity” violates the principle of equality under the Constitution.

A Uniform Civil Code aims to ensure equal rights and uniformity, ending arbitrary distinctions based on religion.

Harish Salve’s Viewpoint (Judicial Perspective)

Senior Advocate Harish Salve has argued that:

The UCC is necessary to guarantee true equality by ensuring that citizens are not compelled to live under discriminatory or outdated personal laws.

Legal uniformity strengthens the secular fabric of the nation.

Ending compelled diversity promotes national integration and equal dignity for all citizens.

Relevant Case Law Reflecting the Principle

1. Shah Bano Case (Mohd. Ahmed Khan v. Shah Bano Begum, 1985)

The Supreme Court upheld the right of a Muslim woman to maintenance under the general law, overruling restrictive personal law provisions.

This case highlighted the need for a Uniform Civil Code to protect individual rights over religious mandates.

2. Kesavananda Bharati v. State of Kerala (1973)

The Court recognized the Directive Principle under Article 44, which mandates the State to endeavor to secure a Uniform Civil Code.

This was seen as essential to ensure equality before law and remove discriminatory personal laws.

3. Danial Latifi v. Union of India (2001)

The Court struck down parts of the Muslim Women (Protection of Rights on Divorce) Act, emphasizing the need to balance religious freedom with gender justice.

This further supported the call for uniformity to protect fundamental rights.

Summary Table

Principle	Explanation
No forced adherence	Citizens should not be forced to follow personal laws based on religion.
Compelled diversity ended	Legal pluralism based on religion violates equality.
UCC objective	Ensure uniform rights and dignity for all citizens.
Judicial support	Courts have recognized the need for UCC to uphold fundamental rights.