Unity in Diversity: Navigating the Path towards UCC in India

Abstract
Adopting a Uniform Civil Code (UCC) for all Indian citizens has once again gained prominence in national political discourse. On the surface, the idea of enforcing a uniform code in matters of marriage, property inheritance, and guardianship of children appears entirely consistent with the ideals of equality and India’s constitutional philosophy. However, its implementation is fraught with many challenges. This paper aims to highlight the complexities surrounding the proposed implementation of the UCC in India. If successful, it will be a transformative legal initiative that will replace varied personal laws based on religious tenets with a unified legal system. This paper employs doctrinal research methodology and analytical and critical legal research tools. Through doctrinal analysis, the paper uncovers the multiple implications of adopting UCC, ranging from balancing constitutional ideals of equality to preserving the socio-cultural diversity of the Indian populace. The findings indicate that although the adoption of UCC could raise serious concerns about cultural homogenization and the violation of religious freedoms, particularly concerning India’s religious minorities, it also offers potential benefits in terms of national integration, gender equality, and the simplification of the legal framework. In order to reconcile these competing interests, the paper concludes with the observation that implementing the UCC in India would require a sensitive and inclusive approach that respects the country’s religious and cultural diversity while striving toward the constitutional promise of equality and justice for all citizens.
Keywords: Cultural homogenization, Freedom of Religion, Personal Laws, Religious and Cultural Diversity, Religious Minorities, Uniform Civil Code (UCC).

Author(s): Taniya Malik
Volume: 5 Issue: 2 Pages: 143-153
DOI: https://doi.org/10.47857/irjms.2024.v05i02.0392