Redefining Family In India: The UCC And LGBTQ+ Rights
- IJLLR Journal
- 50 minutes ago
- 2 min read
Shailly Sinha, B.A.LL.B., National Law School of India University, Bengaluru
INTRODUCTION:
The present-day evolution of family law is often categorized in terms of an inclusive family unit that aims to homogenize the differing personal laws while also retaining the inherent uniqueness amongst all of them. While the narrative is appealing, it often demands a quick reflection: Can one law truly protect everyone? The dilemma is between whether a uniform civil code that aims to ensure uniformity would modernize or rather marginalize LGBTQ+ unions?
The answer lies entirely in whether the UCC is drafted with its focus on outdated gender binaries or a modern inclusive queer friendly language. The UCC is an extremely powerful tool that can either empower LGBTQ+ unions by dismantling ancient patriarchal binary biases and pave the way for gender-neutral all-inclusive marriage unions or weaken their struggle altogether by locking them out simply by defining the marital unions through the traditional lens, hence technically pushing them out of the legal framework.
Through this paper, I try to traverse through a question of immediate relevance. Does the implementation of a uniform civil code align with the present-day struggle for LGBTQ+ inclusiveness or rather intends to set water-tight compartments eventually leaving them at the margins, concreting exclusivity?
A UNIFORM CIVIL CODE: BUT IS IT UNIFORM ENOUGH?
The need for a uniform civil code has etched the nation for a reasonably long time now. With the implementation of UCC in Goa from its very inception states like Uttarakhand, Gujarat have also adopted the same and now even Assam is moving towards effectively implementing a uniform civil code. The implementation of the same will eventually replace all religion specific personal laws and instead introduce a uniform law, common for all.
The idea of a uniform civil code finds its very essence in the original text of the Constitution of India itself. Article 44 of the Constitution states that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.” However, the very fact that the same is enshrined as part of Directive Principles of State Policy, it is only an ideal the nation should seek to achieve but is not legally enforceable as a fundamental standard to be met with.
