In Quest of Unity: Interrogating the Uniform Civil Code and its Ramifications on Religious and Cultural Rights in India

Abstract

This article evaluates the protagonist’s arguments in favour of the uniform civil code (hereinafter referred to as UCC) treating the common personal law as an instrument to foster national unity and eliminate gender injustice against women. The principal argument in favour of UCC is that, if implemented it would bring greater justice to women, particularly those from minority communities. The article aims to provide an objective assessment of these claims. Considering the vicious political environment in the country it is imperative to re-examine the gender justice question in the context of the current political climate where hate has taken centre stage and secularism and minority rights have been marginalised almost. Furthermore, since the 22nd Law Commission of India invited suggestions, there has been anxiety and concern among various ethnic and religious communities about whether they will be able to maintain their cultural privileges. If UCC is implemented throughout the nation, it would also have socio-legal repercussions that will adversely affect social cohesion, tribal identity, and safeguarding minorities’ rights. The objective of this essay is to shed light on the current uproar surrounding how the proposed common personal law throughout the nation will undermine constitutional values, social cohesiveness and national integrity. The article also unpins the claim of the gender justice hypothesis as to how the proposed reform undermines women’s rights and liberties if UCC is implemented strictly throughout the nation.