Reconciling Legal Pluralism with Uniformity: A Critical Study of The Uniform Civil Code in India

Mr Ajay Singh Tomar, Ms Anushka Upadhyay & Dr Arun Sharma
DOI:

Abstract

The debate over the Uniform Civil Code (UCC) in India highlights a complex intersection of constitutional values—equality, secularism, religious freedom, and cultural pluralism. Envisioned in Article 44 of the Directive Principles of State Policy, the UCC seeks to establish a uniform civil framework governing marriage, divorce, inheritance, and adoption, replacing religion-based personal laws. While its aim is to promote legal uniformity and gender justice, it also raises concerns among minority communities about cultural erosion, majoritarianism, This paper examines whether India can uphold both equality before the law and religious autonomy in personal matters, or whether a balance must be struck. Using a doctrinal and analytical approach, it explores the treatment of UCC and secularism in constitutional texts, judicial pronouncements, and political discourse. Landmark judgments such as Mohd. Ahmed Khan v. Shah Bano Begum, Sarla Mudgal v. Union of India, and Shayara Bano v. Union of India are analyzed to understand the judiciary’s evolving stance. The research engages with the concept of legal pluralism, which accepts the coexistence of multiple legal systems within a single polity, and how this framework may harmonize religious diversity with constitutional goals like gender equality. Comparative insights from France, Turkey, and Tunisia are explored to assess how other secular democracies have pursued similar reforms while navigating religious sensitivities. Special attention is given to the perspectives of minority groups and women’s rights advocates, especially from Muslim and Christian communities, to illustrate the complexity of the debate. The study argues for a gradual, consultative, and pluralist reform process that addresses discriminatory practices across all personal laws rather than enforcing a uniform code. Ultimately, the paper asserts that a reimagined UCC must promote substantive equality, grounded in democratic consensus and constitutional morality, without eroding cultural identity.

Keywords

Uniform Civil Code, Secularism, Minority Rights, Legal Pluralism, Personal Laws, Equality