The Uniform Civil Code Debate: Navigating The Tension Between Equality, Secularism And Diversity
- IJLLR Journal
- 2 hours ago
- 2 min read
Tejaswi Kumar, Nilesh Gupta & Ningal Yallappa, K.E.S. Shri Jayantilal H. Patel Law College, Mumbai
ABSTRACT
The Uniform Civil Code (UCC) dispute exists as a permanent constitutional, legal and socio-political conflict which is prevalent for more than decades in India. The Uniform Civil Code which Article 44 of the Constitution of India established aims to create one single legal framework which will control all civil matters including marriage divorce adoption succession and inheritance matters for all citizens regardless of their religious beliefs.
Through Directive Principles of State Policy, the framers established their vision for achieving legal uniformity while recognizing the need to respect religious and cultural practices which exist throughout Indian society. The UCC proposal has generated extensive legal and political debates which focus on how constitutional equality should interact with religious freedom rights during the last two decades. Supporters of the Uniform Civil Code believe that a single system of civil law will eliminate all forms of discrimination which currently exist in distinct personal law systems thus providing gender justice and equal constitutional rights while strengthening national unity.
Critics of the uniform code contended that its enforcement would violate religious freedom rights and minority cultural rights which belong to various religious and ethnic groups in society. The research investigates the constitutional conflicts which arise between equality and secularism and cultural diversity rights that currently shape discussions about the Uniform Civil Code in India.
The research uses comparative legal analysis to examine personal law frameworks and judicial decisions from Mohd. Ahmed Khan v. Shah Bano Begum and Sarla Mudgal v. Union of India and Shayara Bano v. Union of India to assess current personal law systems in India. The study demonstrates that Indian personal laws show significant differences between inheritance laws and marriage and divorce regulations which affect women while a uniform civil code would create problems through its enforcement of cultural uniformity and dominance by the majority group. The paper investigates how legal reforms and personal law harmonization need to follow a step-by-step and consultative method in order to create an equitable system which maintains India’s democratic values through equality and diversity rights.
Keywords: Uniform Civil Code, personal laws, constitutional equality, secularism, legal pluralism, gender justice, India
