UNIFORM CIVIL CODE – A WAY FORWARD
Abstract
The paper explores the complex dynamics surrounding the implementation of a Uniform Civil Code (UCC) in India, amidst its diverse culture and religion. It begins by highlighting India's historical diversity and the unity enshrined in the Preamble. The historical context of the UCC's inception is referred, tracing its roots to the colonial era and subsequent Constituent assembly debates. The conflicts between secular constitutional provisions and personal laws are examined, analyzing whether a balance can be struck between the two. Examples such as the Shah Bano case and subsequent legal developments are analysed where the judiciary highlighted the importance of UCC to address gender inequality and uphold constitutional principles.
The paper also explores the constitutional basis for a UCC, highlighting conflicts between the directive principles of state policy and fundamental rights. While personal laws are protected under Article 25, they often clash with principles of equality, secularism, and the right to a dignified life outlined in Articles 14, 15, and 21. The abstract suggests that a UCC could reconcile these conflicts by promoting equality, secularism, and uniformity in laws governing personal matters. Benefits of implementing a UCC are discussed, including the promotion of equality, secularism, and uniformity across diverse communities. By addressing gender disparities and ensuring equal treatment under the law, a UCC could foster national unity and uphold constitutional principles. Challenges to implementing a UCC are also examined, such as conflicts within the Constitution, cultural diversity, and political opposition.
In conclusion, the research presents an overview of the historical, legal, and social complexities surrounding implementation of UCC in India. It proposes the need for a balanced approach as per Bentham’s Utilitarian theory which respects individual’s rights while preserving and advocating national unity and secularism.
Keywords – Uniform Civil Code, Gender Justice, Constitutional Law, Secularism
