The Illusion Of Unity: A Critical Analysis Of The Uniform Civil Code In Multicultural India
- IJLLR Journal
- 2 days ago
- 1 min read
Rithesh Raj Devanapalli, Symbiosis Law School Hyderabad
ABSTRACT
The Uniform Civil Code, enshrined in the Constitution of India, seeks to establish and empower unity at the cost of diversity. The idea of establishing one gateway for all is not inherently flawed; however, under the veil of unity, there is a significant risk involved in encroaching upon the personal laws of India, which exhibit the multicultural composition of India. The presence of UCC in the Constitution of India is abstract and non-justiciable. The inclusion of UCC under the directive principles of state policy, rather than as a fundamental right, has clearly been beneficial to society at large. This approach has been beneficial in avoiding personal law disputes, and moreover, the damage such a civil code could have inflicted on the religious and personal sentiments of the people. The way forward is to preserve the abstract character of the UCC and fortify the enforcement of personal laws, which also serves the purpose of the UCC, to establish and empower unity in the nation. This manuscript essentially delves into the complexities of enforcing the Uniform Civil Code as envisioned, puts forth the possible violations of personal rights and rituals, and lastly proposes to enforce the underlying unity of the UCC, but taking a different approach.
