Indian Polity and Personal Law Challenges of the Proposed Uniform Civil Code

Faizan Mustafa

Nehaluddin Ahmad

 

Abstract: This article examines the challenges regarding India’s Uniform Civil Code (UCC) concerning personal laws. A proposed UCC law aims to replace the present religious personal laws with a common law for all Indian citizens, which will apply irrespective of their religious affinity. This article argues that a UCC will result in the erosion of religious and cultural identities as well as enforcing a common law in a diverse and multifaceted society will be extremely difficult. Based on the historical and constitutional background of the UCC, starting with the inclusion of Article 44 in the Indian Constitution, this article analyses the conflicts and debates surrounding the implementation of UCC, including its potential impacts on the rights of minority communities and the constitutional guarantees of religious freedom and cultural diversity. The article then critically probes the effects of UCC’s implementation and evaluates arguments in favour of and against a uniform legal system. The article then compares UCC with the existing personal laws of Islam and Hinduism and evaluates the merits and demerits of these personal laws concerning community norms, individual rights, and gender equity. Based on the analysis of the historical background and potential impacts on religious freedom and cultural diversity, this article concludes that there are serious concerns that the implementation of UCC would lead to the loss of minority identity and cultural diversity in India.