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Bengal Becomes the Eighth State to Chase a Uniform Civil Code. The Hard Part Comes After.

27 Jun 2026

Created by

The BV Team

The Suvendu Adhikari government plans to place a bill for the Uniform Civil Code (UCC) on the agenda of the West Bengal assembly on Monday, ahead of the six-month deadline specified in the BJP's 2026 manifesto. The code shall be implemented by his government following due legal procedures like Gujarat and Assam have done, Adhikari said on Friday. He has not given much details about the contents but has said that there will be a committee under a retired judge and it has been done in Gujarat, Uttarakhand and Assam and the details will be presented on the floor. But that's the process and it can be very dry. It is anything but. Bengal is the latest state to join the list of states taking the UCC road, and the most difficult example.


Notice the way that map has been filled. In February 2024, Uttarakhand was the first state to introduce a UCC law, Gujarat and Assam introduced a UCC law, while Madhya Pradesh formed a committee. In late June, Rajasthan became the fifth BJP-governed state in two years to initiate it, and has appointed panellists headed by retired apex court judge Justice Ranjana Prakash Desai. Chhattisgarh and Maharashtra have indicated their intentions as well. If it is a count like this, Bengal is the eighth state to have kicked off the exercise, although it would be only the fourth to actually place a bill on the floor. The one thing that is common in all the States so far is that the tribal communities have been kept outside the ambit of the Code. That carve out is important and I will return to it.


The arithmetic is different in Bengal. The state has about 27 per cent Muslims in its population, making it the most demographically-challenging place where a UCC has been tried and analysts see it as much as an attempt to consolidate Hindu votes and catch out the Trinamool Congress as a move towards legal uniformity. Mamata Banerjee maintained control over Bengal for many years through the fine art of minority consolidation. The ruling party has selected the most controversial law in the national kit and now it wants to be tested on her old turf. The question is not whether or not there will be a passage. The assembly has 294 members, 207 of whom belong to the BJP, 65 are from a rebel TMC group headed by Leader of the Opposition Ritabrata Banerjee and there are 15 members from the Mamata group and seven from smaller parties, and a bill requires just a simple majority of the members present and voting. The figures have been agreed. The meaning is not.


The opposition is stuck in a familiar predicament. When you oppose the code you are labeled as opposing unequal application of personal law to gender justice. Stand behind it, and you could be in danger of losing the very vote bank that established the party. The Mamata group has been framing its concern in the context of intent whether a UCC is being sought with people's consent and in a constitutional way or is it being used as another tool of political polarisation and said that reform cannot be imposed, it has to be developed through dialogue, trust and constitutional values. But there is a question in that rhetoric, and the data not the slogans can answer.


Begin by thinking about what you suspect will be in the bill. The government has not come out with a draft but it has been hinting at the Uttarakhand and Gujarat models, so the form of the draft is fairly predictable. There is also compulsory marriage registration, the same divorce procedure, equal inheritance rights and common adoption and guardianship laws, and a digital civil registry of marriages, divorces, adoptions and succession; comparable state laws register live-in relationships and ban polygyny. It's going to be a busy day in the house on Monday. The UCC comes with a companion public safety legislation which, in addition to the UCC, will permit preventive detention for up to 12 months and the ability of senior officials to issue externment orders. The chief minister has also promised that an anti-conversion law will be implemented in a strict manner. As if this was not enough, the events of the day were also suffused with activities in honour of Bankim Chandra Chattopadhyay, with a national level Vande Mataram museum planned in Kolkata to commemorate the 150th birthday of the song.


This is typically where the discussion ends, on the level of identity and electoral theatre. It is not the right place to stop; personal law is not just about who you are. It's all about money, property and who gets what. They are all part of the tax code, and of the property registry, which is why an overhaul of the civil law is as much a business story as it is a social story.


Take an example of the Hindu Undivided Family that is the silent force of finance in Indian households. A move towards the UCC will impact the lakhs of families that use the HUF system as it is treated as a separate legal entity, has its own basic exemption, its own slab rates and home loan, medical-premium benefits for the members. Now compare that with the equality statement. There is no similar joint-family entity to be found in other communities with a comparable tax benefit. Muslims, Christians and Parsis don't have any statutory HUF, which is a code that is formally uniform but substantively is not: it maintains a single largest wealth-consolidation vehicle for the male head of household in one community. A bill doesn't have to alter how the largest pools of ancestral wealth are held or taxed to equalise a daughter's share. This is the same imbalance the 21st Law Commission pointed out in its paper in 2018, which held that the issue was not with the multiplicity of personal laws, but with the discriminatory aspects contained within them. The downstream mess is obvious: If the HUF is changed, the Income Tax Act and the GST rules relating to legal heirs and succession will require careful rewriting, existing bank, loan and insurance arrangements will need to be re-papered.


Does it really make a difference to women if equality is written into a law? The unvarnished truth, based on India's own history, is "less than what the press release implies. This is in a country where the Hindu Succession (Amendment) Act of 2005 already gave daughters an equal coparcenary rights and the Indian Succession Act of 1925 gave Christian widows equal inheritance, and the NFHS-5 survey for 2019-21 shows that women aged 15-49 had only 31.7 per cent land ownership while men had 43.9 per cent, a difference of 12.2 per cent. The gap is still present and the equal share law is already in place for many people. It is not the language of a code that closes it, but registration that makes it to villages, paperwork that is not gamed, and family settlements that don't quietly write daughters out. A new code, which doesn't fund and force the machinery, will generate a strong moral claim and a modest material change.


It's not new in India and the comparisons are instructive. In the almost entirely Muslim country of Turkey, a secular civil law was established in 1926, and marriage, property and inheritance are no longer part of religious jurisdiction; in Canada, Quebec has its own civil code that governs all of its citizens, including all of the same laws on children, property and inheritance. The places it stuck in is worth absorbing the pattern. It was marketed as a citizenship fix and was accompanied by administrative plumbing to register and enforce, instead of a drama between communities. Uniform law was a flag to wave at an opponent, but it stalled in courts, in compliance or in simple neglect.


All this is not a constitutional complaint. The UCC is under the rubric of Article 44, a Directive Principle of State Policy, which is not binding but empowers states to work towards a common civil framework to promote equality and national integration. Supreme Court in the Shah Bano case 1985 itself called for a uniform code to be drawn up by Parliament as a means of achieving equality before the law. The cover exists. The debate was never actually about whether or not the state could do this. It's why, how and for what.


So weigh Monday for what it is. The result of the vote will not be in doubt; the numbers of the positions are a guarantee. It is the high pressure morning after that's the true test of the real examination. The question is whether a Muslim woman in Murshidabad will receive an equal share that she can register and defend, whether the digital registry actually goes into the districts in need, or only those already covered, and whether the two big omissions in the respective state codes till now, the untouched HUF or the tribal exception, are addressed, or forgotten. A uniform code with a selective effect will redraw the electoral map in a lot more than just a minor way than it will the family ledger. That's the chasm between reform and choreography. Reform is called that because it alters outcomes reflected in property records and bank accounts 12 months down the road. It gets a news cycle, and a campaign line, and then it goes away with the same numbers. Bengal is soon to discover which one they have created.


For the images, the best copyright-free featured image is the Writers' Building in Kolkata, the historic headquarters of the government of Bengal (seen above in search results). Now the two data graphics that convey the piece's essential argument:

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