UCC In India – A Jurisprudential Analysis Of Legal Pluralism And Social Transformation
- IJLLR Journal
- Sep 10
- 1 min read
Sumithra S, Vinothini P & Abhishek G, B.A.LL.B., KMC College of Law, Tirupur, India.
ABSTRACT
This paper interrogates the Uniform Civil Code (UCC) not as a slogan of “one nation, one law” but as a jurisprudential project of constitutional transformation. Through the lenses of legal pluralism and transformative constitutionalism, it examines how India can reconcile religious diversity with constitutional morality. By engaging with Hart’s positivism, Fuller’s natural law, and Pound’s sociological jurisprudence, the study situates the UCC as a constitutional experiment rather than a coercive imposition. Landmark judicial decisions, Law Commission debates, and comparative experiences from Goa, Uttarakhand, Turkey, and South Africa reveal that genuine uniformity lies in equal rights, not erasure of identity. The paper proposes a novel reform—Digital Civil Marriage Framework—to replace the Special Marriage Act, ensuring gender justice, privacy, and constitutional safeguards through technology. Ultimately, it argues that the UCC’s legitimacy rests not on political rhetoric but on its capacity to dismantle discriminatory practices while preserving legitimate cultural diversity.
Keywords: Uniform Civil Code (UCC), Legal Pluralism, Transformative Constitutionalism, Gender Justice, Digital Civil Marriage Framework
