Uniform Civil Code in India: Gaps and Implementation

Abstract

The need for the Uniform Civil Code (UCC) arises from the need to have a uniform set of rules dealing with matters of marriage, divorce, inheritance and adoption by all Indians without taking into account their religions as is reflected by the incorporation of UCC in Article 44 of the Indian Constitution. Despite the constitutional provisions, the applicability of the UCC is still contentious in legal, political and socio-cultural domains. The gap between what is intended by the constitution and what is happening in practice remains the main theme of this critical review of literature on the UCC. This study uses feminist jurisprudence, political sociology and constitutional theory to examine the diversity in Indian law that has resulted in the personal laws that often negate the spirit of gender justice and equality. The issue of human rights and feminist perspective holds that personal law systems continue to perpetuate discrimination against women, thereby infringing on equality and dignity promised in the constitution. Nevertheless, there are problems related to minority rights and cultural autonomy that have rendered the process of reform complicated. Furthermore, the paper highlights that the chasm between the purpose and the practice of the constitution has widened due to legislative inertia and sporadic judicial intervention. In this regard, this paper argues that a holistic approach that ensures the balance between constitutional morality and the complex social fabric of India is required for the effective implementation of the UCC through various theoretical perspectives. The conclusions drawn by highlighting gaps in contemporary research contribute to the ongoing debate.