PUCL Gujarat raises alarm over proposed Uniform Civil Code, calls for inclusive legal reform

By A Representative 

The People’s Union for Civil Liberties (PUCL), Gujarat chapter, has submitted a strongly worded letter to Justice (Retd.) Ranjana Prakash Desai, Chairperson of the Gujarat Uniform Civil Code (UCC) Committee, raising serious concerns over the proposed implementation of a UCC in the state. The organization warns that a top-down, uniform legal framework risks violating fundamental rights, eroding cultural diversity, and deepening social divides.

In its letter dated April 12, 2025, PUCL argues that uniformity in law does not guarantee equality. “Uniformity per se cannot be equated with justice for women,” the letter states, adding that diverse communities in Gujarat — including Adivasis, Muslims, Dalits, and Nomadic-Tribal groups — follow long-standing cultural and religious practices that may not align with a single code.

The organization criticizes the state’s lack of transparency and inclusivity in the UCC drafting process, stating that consultations have been limited and inaccessible to marginalized communities. PUCL also expresses concern over the absence of a public draft, which it says has led to fear, confusion, and speculation among the public.

Citing the example of the Uttarakhand UCC, PUCL warns that such a model has already drawn legal and public criticism for its impractical and patriarchal provisions, including those that complicate live-in relationships and inter-caste marriages — potentially violating the vision of Dr. B.R. Ambedkar and fundamental constitutional values.

Instead of enforcing uniformity, PUCL recommends a shift toward community-led, context-sensitive reforms. It proposes the creation of a Common Civil Code (CCC) — a voluntary, gender-just legal framework that citizens could choose to adopt. The CCC, PUCL suggests, should be developed after extensive consultations and could coexist alongside reformed personal laws.

The letter also underscores the risk of majoritarian bias, noting that uniform laws often default to the practices of dominant groups, thereby suppressing the rights and identities of minority communities. "Legal pluralism," it states, "must be preserved to uphold the spirit of the Indian Constitution."

Among PUCL’s key recommendations:

- Develop a transparent, inclusive consultation process at local, state, and national levels.

- Encourage community-driven legal reforms within existing personal laws.

- Strengthen gender justice laws without dismantling cultural identities.

- Keep legal reforms non-partisan and rights-based, avoiding communal polarization.

- Adopt a voluntary CCC model that empowers individuals, especially women, without imposing rigid structures.

PUCL concludes by urging the government to abandon any hasty, unilateral imposition of the UCC and instead engage in a deliberative and participatory approach. “The need of the hour is not forced uniformity,” the letter reads, “but the empowerment of communities through participatory reforms.”

The submission includes annexures of earlier recommendations made to the Law Commission of India and underscores that a two-year or longer national consultative process is essential before any move toward uniform legal codes.