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Uniform Civil Code In India




Kritika Sharma, LL.M., Amity University, Noida


ABSTRACT


The Uniform Civil Code (UCC) has been a subject of debate in India for a long time, as it brings together issues of constitutional law, personal laws, and gender justice. It is envisaged under Article 44 of the Indian Constitution, with the objective of creating a common legal framework for all citizens regardless of religion. However, its implementation raises important concerns, particularly regarding the balance between the freedom of religion under Article 25 of the Indian Constitution and the right to equality under Article 14 of the Indian Constitution.


This paper examines the applicability and implications of introducing a UCC in India, with a focus on judicial decisions such as Mohd. Ahmed Khan v. Shah Bano Begum, Sarla Mudgal v. Union of India, and Shayara Bano v. Union of India. It considers whether a uniform legal system would contribute to the progress of Indian society or affect its diverse social structure.


The study adopts a comparative approach by looking at legal developments in countries such as Turkey and France. It argues that while the UCC has the potential to promote equality and unity, its success depends on a gradual and carefully planned implementation that respects diversity.


Keywords: Uniform Civil Code; Fundamental Rights; Gender Justice; Personal Laws; Secularism; Judicial Interpretation



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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