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HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE

HARMONIZING DIVERSITY: THE QUEST FOR A UNIFORM CIVIL CODE

Indisha Sachan, Law student at Amity Law School, Lucknow.

ABSTRACT

In a world characterized by diverse cultures, religions, and traditions, the challenge of harmonizing diversity becomes paramount for fostering social cohesion and ensuring equal rights and justice for all. India is a country of immense diversity, with different religions, cultures, languages, and traditions coexisting in a pluralistic society. However, this diversity also poses challenges for the legal system, which has to deal with the personal laws of various communities that govern matters such as marriage, divorce, inheritance, adoption, and maintenance. The Uniform Civil Code (UCC) is a proposal to replace these personal laws with a standard set of laws that would apply to all citizens irrespective of their religion, gender, or sexual orientation. The UCC has been a contentious issue in Indian politics and society for decades, with supporters arguing that it would promote national integration, gender justice, and human rights, while opponents claim that it would violate the constitutional guarantee of religious freedom and the cultural identity of minorities. This paper examines the historical background, constitutional provisions, judicial pronouncements, and socio-political implications of the UCC debate in India. It analyzes the arguments for and against the UCC from various perspectives, such as secularism, democracy, feminism, minority rights, and legal reform. It also explores the feasibility and desirability of implementing the UCC in a country as diverse as India and suggests some possible ways to harmonize diversity with uniformity in the civil law domain.

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