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International Journal of
Law, Policy and Social Review
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VOL. 7, ISSUE 4 (2025)
Uniform Civil Code: Myth reality and constitutional challenges
Authors
Dr. Ravi
Abstract

The debate surrounding the Uniform Civil Code (UCC) in India represents one of the most complex intersections of law, religion, and constitutional philosophy. Enshrined as a Directive Principle under Article 44 of the Constitution, the idea of a UCC seeks to replace diverse personal laws governing marriage, divorce, succession, and adoption with a uniform set of civil laws applicable to all citizens irrespective of religion. While projected as a tool for national integration and gender justice, the UCC continues to evoke deep socio-political and constitutional concerns. This paper critically examines the “myth” and “reality” of the UCC discourse. The myth lies in the perception that a uniform law would automatically ensure equality and social harmony. In reality, India pluralistic fabric, rooted in religious and cultural diversity, poses significant challenges to the implementation of a single civil code. The study evaluates whether legal uniformity necessarily translates into substantive equality, particularly for women and marginalized groups within personal law systems. From a constitutional perspective, the paper explores the tension between Article 44 and fundamental rights, especially Articles 14, 15, 21, and 25. It analyses landmark judicial pronouncements such as Mohd. Ahmed Khan v. Shah Bano Begum, Sarla Mudgal v. Union of India, and Shayara Bano v. Union of India, which have repeatedly highlighted the need for reform while also exposing the limitations of judicial intervention in personal law matters. The paper also reflects on the recent judicial approach in Supriyo v. Union of India, emphasizing constitutional morality and the limits of court-led social reform. Further, the study undertakes a comparative analysis with the Goa Civil Code, often cited as a successful model of uniformity, to assess its practical viability across the nation. It questions whether the Goa model can be replicated in a country with far greater demographic and cultural diversity. The paper also addresses key challenges, including political resistance, minority rights concerns, lack of consensus, and the risk of majoritarian imposition. It argues that a hasty or coercive implementation of the UCC may undermine constitutional values rather than strengthen them. Instead, the study advocates for a gradual, consultative, and reform-oriented approach, focusing on harmonization of personal laws and ensuring gender justice within communities.

In conclusion, the paper posits that the UCC is neither a complete myth nor an immediate reality, but a constitutional aspiration that requires careful balancing of unity, diversity, and individual rights. Its successful realization depends not merely on legislative enactment but on societal readiness, inclusive dialogue, and a commitment to constitutional morality. The idea of a Uniform Civil Code (UCC) occupies a central yet deeply contested position in Indian constitutional discourse. It refers to the formulation and implementation of a common set of civil laws governing personal matters such as marriage, divorce, inheritance, adoption, and succession, applicable uniformly to all citizens irrespective of religion, caste, or community. The concept finds its constitutional basis in Article 44 of the Constitution of India, which directs the State to endeavor to secure a UCC for its citizens as part of the Directive Principles of State Policy. Although not enforceable by courts, this provision reflects the vision of the framers to promote national integration and legal uniformity. India, however, is a pluralistic society characterized by diverse religious and cultural traditions, each governed by its own set of personal laws. Hindu law, Muslim law, Christian law, and Parsi law have evolved historically with distinct norms and principles. This legal pluralism has often led to differential treatment of individuals, particularly in matters relating to gender justice and equality. The debate surrounding the UCC thus emerges at the intersection of equality, secularism, and cultural autonomy, raising fundamental questions about the nature of Indian democracy.
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Pages:178-183
How to cite this article:
Dr. Ravi "Uniform Civil Code: Myth reality and constitutional challenges". International Journal of Law, Policy and Social Review, Vol 7, Issue 4, 2025, Pages 178-183
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