Cultural Pluralism V. Legal Uniformity: Examining UCC's Implications For Tribal Communities
- IJLLR Journal
- 3 days ago
- 1 min read
Yuvina Goyal & Vedansh Goyal
ABSTRACT
A nation’s diversity is its strength, not a problem to be solved with uniformity. This paper examines the cultural and legal conflict between the Uniform Civil Code and the customary practices of tribal communities in India. Tribes, as defined by their shared language, culture, and social systems, possess the constitutional right to preserve their distinct heritage. UCC, while intended to promote uniformity and gender equality, undermines the deeply entrenched customary laws of tribes, violating their fundamental rights to cultural preservation and self-governance. While the UCC aims to promote equality, its rigid enforcement disregards the lived realities of indigenous groups, undermining their right to self-governance and cultural preservation. The paper also critiques the UCC's inconsistency with both national and international legal standards, arguing that its rigid application fails to account for the unique socio-cultural realities of marginalized communities. This paper explores how the UCC's blanket approach violates tribal rights and argues for a more nuanced, inclusive legal framework that respects India’s diverse cultural landscape. As such, the imposition of the UCC is seen as unconstitutional, necessitating a more flexible approach that respects the diversity of India's indigenous population.
