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The Uniform Civil Code In India: A Constitutional Ideal Or A Social Dilemma




Dr. Himavathi T (Senior Assistant Professor), ICFAI University - School of Law, Hyderabad.

Bhukya Uday Kumar (Ph.D. Candidate), ICFAI University - School of Law, Hyderabad.

Chandupatla Saritha Reddy (Ph.D. Candidate), ICFAI University - School of Law, Hyderabad.


ABSTRACT


The Uniform Civil Code (UCC) in India remains a subject of intense debate, oscillating between being hailed as a constitutional necessity and criticized as a threat to cultural pluralism. Envisioned in Article 44 of the Indian Constitution, the UCC seeks to replace personal laws based on religious scriptures and customs with a common set governing every citizen uniformly on matters such as marriage, divorce, inheritance, and adoption. While its proponents argue that the UCC upholds the ideals of equality, secularism, and national integration, critics raise concerns about religious freedom, minority rights, and social cohesion. The article aims to analyze the historical background, legal framework, sociopolitical challenges, and ethical considerations surrounding the implementation of the UCC.


It highlights landmark judicial interventions and discusses the role of public perception in shaping legislative action. Through a balanced examination, the article concludes that the implementation of a UCC should not be seen as a unilateral imposition, but rather as a collaborative effort rooted in dialogue, inclusivity, and justice. A reformed civil code must respect India's pluralistic traditions while ensuring that individual rights are uniformly protected, particularly those of marginalized groups such as women and religious minorities. The Uniform Civil Code, thus, is both a constitutional aspiration and a complex social challenge—requiring nuanced, phased, and participatory approaches.


Keywords: Uniform Civil Code, Indian Constitution, Personal Laws, Secularism, Gender Justice.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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