UNIFORM CIVIL CODE: A HOLISTIC ANALYSIS
Aman Tyagi, Student at UFYLC, Jaipur, Rajasthan
ABSTRACT
The Uniform Civil Code (UCC) in India has been a subject of extensive debate and discussion since the country’s independence. The concept of a unified set of laws governing personal matters such as marriage, divorce, inheritance, and adoption, irrespective of religion, has its roots in the Indian freedom struggle and the vision of a secular nation. This research paper delves into the historical background, legislative reforms, state-driven measures, and debates in the Constituent Assembly that shaped the discourse around the UCC.
The paper examines landmark judgments by the Indian judiciary, which have played a major role in interpreting the constitutional provisions related to the UCC. The Law Commission of India’s recommendations and reports on the subject are also analysed, providing valuable insights into the legal and societal implications of implementing a uniform code.
To provide a comprehensive understanding, the research paper undertakes a comparative analysis of similar initiatives in other countries, drawing parallels and contrasts with the Indian context. This international perspective offers a broader framework for evaluating the challenges and opportunities associated with implementing a UCC in a diverse and pluralistic society as India.
Finally, the paper presents a conclusion that synthesizes the findings and offers a personal perspective on the feasibility, desirability, and potential consequences of introducing a Uniform Civil Code in India, considering the complex interplay of religious, cultural, and societal factors.