Equilibrium Between Uniform Civil Code And Personal Laws: A Step Towards A Progressive Society
- IJLLR Journal
- Jun 9
- 2 min read
Advocate Palak Mahajan, District & Session Court, Amritsar
ABSTRACT
The Indian society is a blend of people with diverse cultures and religions living in harmony and respect with each other. The Indian citizens are ruled by their personal laws. Personal laws, being a branch of Private law govern matters like marriage, adoption, inheritance, and divorce.
There has been a long ongoing debate between the Uniform Civil Code and Personal Laws. It is often proposed by the supporters that the Uniform Civil Code will help to achieve gender equality, secularism and national integration. Uniform Civil Code will be a step towards a progressive society based on equality and justice.
On the other hand, opponents argue that the Uniform Civil Code might infringe religious freedom, lead to a loss of cultural identity, and create a sense of insecurity among minorities and also the practical challenges involved in the implementation of a uniform code that respects India’s vast religious diversity.
The term Uniform Civil Code is mentioned under Article 44 of the Constitution of India as a Directive Principle of State Policy. While providing the uniform civil code the State should try to maintain harmony between Fundamental Right i.e. freedom of religion under Article 25-28 and Uniform Civil Code.
Through various significant Judgements like Shah Bano, Sarla Mudgal, and Shayara Bano, the Indian Judiciary has also laid stress on the necessity for a Uniform Civil Code.
The article’s primary focus is to explore the history, significance, significance, and issues connected with Personal Laws and the Uniform Civil Code. The requisite for today’s time is to achieve an equilibrium between personal laws and uniform civil code as it will lay down the base of a progressive society.
Keywords: Personal Laws, Secularism, Progressive Society and Directive Principle of State Policy, Uniform Civil Code
