Harmonizing Diversity And Equality: Reimagining The Uniform Civil Code In India's Pluralistic Framework
- IJLLR Journal
- Dec 5
- 1 min read
Gurshaan Singh Bhurji, Birla Global University, Bhubaneswar
Swagatika Mishra, Birla Global University, Bhubaneswar
ABSTRACT
Article 44 of the Indian Constitution directs the state to secure a Uniform Civil Code (UCC), establishing uniform standards for family law matters, including marriage, divorce, succession, and adoption. This directive presents a fundamental tension between the objective of a common legal framework and the protections for religious practice guaranteed under Articles 25 and 26. The UCC debate extends beyond procedural uniformity to address broader questions of equitable treatment, individual autonomy, and the appropriate limits of state intervention in reconciling traditional practices with constitutional values. This analysis examines the evolution of personal laws from their colonial origins to the present, noting the fragmented nature of these laws following independence, where concerns of communal sensitivity deferred comprehensive unification. Judicial intervention has played a significant role in reforming discriminatory practices, as demonstrated in Mohd. Ahmed Khan v. Shah Bano Begum (1985), which expanded women’s maintenance rights, and Shayara Bano v. Union of India (2017), which declared the practice of instant triple talaq unconstitutional. These decisions illustrate the judiciary’s use of Articles 14, 15, and 21 to advance substantive gender equality. Recent state-level initiatives, such as Uttarakhand’s 2024 Uniform Civil Code, which includes controversial provisions regarding live-in relationships, highlight the challenges of imposing uniformity. By emphasizing targeted reforms and maintaining principled separation between state and religious practices, this strategy seeks to realize the objectives of Article 44, fostering a society that balances legal cohesion with respect for diversity.
Keywords: Uniform Civil Code, personal regulations, women's parity, constitutional neutrality, legal variety, faith-based self-rule, court-led change, Special Marriage Act, Uttarakhand UCC, women's rights theory.
