Evolution Of UCC In India: Historical Background, Current Scenario And Anticipated Recommendations
- IJLLR Journal
- Jan 31
- 1 min read
Nirlipta Mohanty, BBA LLB, KIIT School of Law
Kirti Pallavi, BBA LLB, KIIT School of Law
ABSTRACT
The concept of Uniform Civil Code (UCC) has long been a disputable, yet important, subject matter in India's legal and socio-political discourse. UCC refers to a uniform personal law which is applicable to citizens of the country regardless of religion, caste, gender, or ethnicity that replaces existing diverse and religion-rooted personal laws. This paper tries to trace the evolution of UCC in India by tracing its history right from the colonial period to date. The study examines the colonial legal framework that institutionalized separate personal laws for different religious communities, debates in the Constituent Assembly, and the constitutional provisions under Article 44 that advocate for a UCC. It points out important milestones in the evolution of UCC-related jurisprudence, such as landmark cases like Shah Bano (1985) and Shayara Bano (2017), which rekindled debates on gender justice and secularism.
The paper also looks into the socio-political challenges and resistance to implementing a UCC, focusing on the sensitive balance between ensuring equality and respecting cultural diversity in a pluralistic society like India. It concludes by arguing for the need for an inclusive and consultative approach toward the formulation of a UCC, addressing concerns of all stakeholders to achieve the constitutional mandate of justice and equality.
This paper aims to present a comprehensive understanding of the UCC debate, its implications for Indian society, and the pathways to harmonizing individual rights with collective cultural identities.
