DR. CHRISTABELL JOSEPH

ASSOCIATE PROFESSOR, SCHOOL OF LAW, CHRIST UNIVERSITY, BANGALORE.

Abstract

The issue of implementing a Uniform Civil Code (UCC) in India has once again ignited debates among politicians, following the Prime Minister’s recent address in Madhya Pradesh. Amidst these discussions, the role of India’s cultural richness, diversity, and commitment to secularism has been scrutinized as potential factors hindering the realization of a UCC. While India takes pride in its multitude of cultures and traditions, it lacks a unifying religious identity, resulting in a lack of uniformity.  The Constitutional provisions of Article 44 aim to address this disparity by advocating for a UCC that would bring uniformity to matters concerning personal laws across the country.

This paper delves into the complexities surrounding the UCC, exploring whether India’s diversity and secularism are indeed the primary obstacles preventing its implementation. To assess the feasibility of implementing a UCC in India, this paper draws comparisons with other secular nations that have successfully adopted similar codes, despite having diverse populations. Through comprehensive research, the author seeks to determine whether a UCC is a genuine necessity in India or an unattainable aspiration. By studying the experiences of other nations and considering India’s unique social fabric, this paper offers valuable insights into the feasibility and desirability of a UCC in the Indian context. The objective of this paper is to shed light on the ongoing debate surrounding the UCC in India. By analyzing these experiences, the author seeks to uncover the reasons behind India’s struggles in achieving a consensus on the UCC.

Keywords: Uniform Civil Code, India’s diversity, Secularism and Consensus on the UCC.