How can India be a secular century when there is no Uniform Civil Code in place?

India's status as a secular country is rooted in its constitutional framework, which emphasizes equality and neutrality towards all religions14. However, the absence of a Uniform Civil Code (UCC) poses a challenge to this secularism. Here's how India can still be considered secular despite lacking a UCC:

Understanding Indian Secularism

• Definition and Practice: Indian secularism is often understood as the equal treatment of all religions, ensuring that no religion is given a privileged position in state activities13. This approach differs from the Western concept of secularism, which typically involves a strict separation between religion and state3.
• Constitutional Framework: The Indian Constitution, particularly after the 1976 amendment, includes the word "secular" in its Preamble, emphasizing the state's neutrality towards religions4. Article 44 of the Directive Principles of State Policy encourages the adoption of a UCC, but it is not enforceable as a Fundamental Right12.

Challenges to Secularism without a Uniform Civil Code

• Personal Laws: India has multiple personal laws based on different religions, which can lead to inequalities and conflicts. For example, Muslim personal law and Hindu personal law govern different aspects of life like marriage and divorce, creating legal disparities24.
• Social and Political Resistance: Implementing a UCC faces significant resistance from religious groups who view it as an encroachment on their religious freedoms and cultural identities4. This resistance has hindered the political will to enact a UCC4.

How India Remains Secular

• Neutrality and Equality: Despite the lack of a UCC, India's secularism is upheld through the principle of equal treatment of all religions. The state does not officially endorse any religion, and citizens are free to practice their faiths4.
• Legal Frameworks: While personal laws vary, other legal frameworks like the Indian Penal Code provide a uniform criminal law applicable to all citizens, regardless of religion2.
• Judicial Interventions: Courts have played a crucial role in interpreting secular principles and ensuring that state actions do not favor one religion over another34.

In summary, India's secularism is maintained through its constitutional commitment to neutrality and equality among religions, despite the absence of a Uniform Civil Code. The challenges posed by personal laws highlight the complexities of implementing a UCC, but they do not negate India's secular status.