Balancing Legal Pluralism And Constitutional Equality: Examining Personal Laws And The Quest For A Progressive Uniform Civil Code In India
- IJLLR Journal
- May 23
- 2 min read
Dr. Jayshree Gautam Kanchanpurkar, Vivekanand Education Society's College of Law, Mumbai
ABSTRACT
It is the study of the intricate relationship between personal laws and the Uniform Civil Code (UCC) in India, centered around the difficulty of balancing legal pluralism with constitutional ideals of equality and justice. Personal laws in India, bearing the hallmark of religion, dictate matters affecting very personal areas such as marriage, divorce, inheritance, and adoption, thus creating disparities and perceived inequalities amongst various communities. Various divergent issues have cropped up as implementation of the UCC envisaged by Article 44 of the Constitution would replace these sundry laws that have come into being through socio- political, cultural, legal, and other challenges.
Tracing the origin of personal laws and the constitutional scheme for a UCC, this study examines contradictions within existing personal laws across major religions and their ramifications on gender justice and equality. It explores the likely implications of uniformity by also studying models such as the Goa civil Code and the abolition of the Hindu United Family in Kerala. To keep the study relevant, contemporary issues of same-sex marriage and gender-neutral provisions are carried into the picture to reinforce why the time has come for a contemporary, inclusive UCC.
Through doctrinal analytical writing, comparative research, and empirical analysis, the study proposes a framework toward a progressive and balanced UCC emphasizing inclusivity, phased implementation, and dialogue among stakeholders that endeavor to ensure that the UCC stays true to India’s pluralistic traditions while upholding constitutional values. The research works toward enriching the ongoing debate by proposing constructive recommendations on how to develop a UCC that guarantees diversity with equality and justice.
Keywords: Uniform Civil Code, personal laws, legal pluralism, constitutional equality, gender justice.
