Balancing Tradition And Reform: The Feasibility Of Uniform Civil Code In A Pluralistic Society
- IJLLR Journal
- 4 days ago
- 2 min read
Jasnoor Kaur Suri, Amity Law School, Amity University Noida, Uttar Pradesh
ABSTRACT
For an extended period, the concept of legal uniformity has served as a foundational principle in the framework of civil reform in India, functioning as a vehicle for constitutional justice and fostering national cohesion. Nonetheless, the actual experience of lndia's diverse society reveals a persistent necessity for personal religious regulations, which illustrate a complex interaction among identity, individual autonomy, and state-initiated reforms. This research aims to explore the potential of a Uniform Civil Code (UCC) in reconciling the tensions between traditional practices and contemporary legal standards, while also assessing its constitutional viability and social feasibility within a diverse national context.
The dissertation relies on a mixed analytical framework, concentrating on the convergence of constitutional principles, sociopolitical diversity, and comparative reform. Initially, it delineates the inconsistencies and gender disparities embedded within existing personal laws, while simultaneously interrogating the legal and historical progression of the Uniform Civil Code in India-drawing upon discussions from the Constituent Assembly, findings from the Law Commission, and landmark Supreme Court decisions. Secondly, this analysis examines the interplay between secularism, minority rights, and democratic discourse in relation to the sociopolitical anxieties surrounding the Uniform Civil Code, particularly as they pertain to religious minorities.
It then assesses whether progressive, conceptual, consultative reform---either by means of harmonization of personal laws or introduction of optional civil codes---offers a reasonable intermediate road, the dissertation positions India's special opportunities for reform and problems. This dissertation concludes with a reflection on the risks of both inertia and imposition. It argues that a culturally sensitive and constitutionally grounded UCC, introduced through democratic consensus and progressive legal reasoning, could serve as a reconciliatory model---one that balances tradition with reform, uniformity with diversity, and rights with respect.
