Subject: Indian Polity

India's quest for a Uniform Civil Code (UCC) as envisioned under Article 44 of the Constitution faces multiple challenges despite the Supreme Court's repeated emphasis on its implementation through landmark cases like Shah Bano (1985) and Shayara Bano (2017). Recent surveys indicate growing public support, with 69% favoring UCC in 2023, yet several inhibiting factors persist.

Religious and Cultural Concerns

• Religious Autonomy: Different communities fear loss of their distinct religious practices and personal laws that have been followed for generations.
• Cultural Identity: Concerns about homogenization of diverse cultural practices and traditions across various communities.
• Minority Apprehensions: Fear among minority communities about potential majoritarianism and erosion of their constitutional rights under Article 25.

Political Challenges

• Vote Bank Politics: Political parties' reluctance to support UCC due to fear of losing minority vote banks.
• Lack of Consensus: Absence of agreement among different political parties and stakeholders on the contents and scope of UCC.
• State-Centre Relations: Implementation challenges as personal laws fall under Concurrent List requiring coordination between centre and states.

Social and Administrative Barriers

• Social Resistance: Traditional mindsets and patriarchal structures opposing reforms in personal laws.
• Implementation Challenges: Lack of administrative machinery and expertise to implement such a comprehensive code.
• Legal Complexity: Difficulty in harmonizing diverse personal laws while respecting Article 25-28 guaranteeing religious freedom.

Way Forward

• Gradual Implementation: Phased introduction of uniform laws starting with non-controversial areas.
• Inclusive Consultation: Extensive dialogue with all stakeholders to address concerns and build consensus.
• Gender Justice: Focus on ensuring gender equality as highlighted in Sarla Mudgal case (1995).

The journey towards UCC requires balancing unity with diversity, as exemplified by successful implementation in Goa's Civil Code. A collaborative approach respecting both constitutional principles and cultural sensitivities while ensuring gender justice can help overcome these inhibiting factors.