NEED OF UNIFORM CIVIL CODE AND ITS PROSPECTIVE CHALLENGES

Abstract [English]

The debate surrounding the need for a Uniform Civil Code (UCC) in India is as old as the republic itself. This abstract explores the rationale for a UCC and the significant challenges it presents. A UCC is perceived as a means to foster legal uniformity, uphold principles of gender equality, and strengthen secularism in the diverse socio-religious landscape of India. The study also delves into the anticipated roadblocks that may hinder the formulation and implementation of such a code. Challenges that may hinder the implementation of a UCC include political resistance, cultural and religious sensitivities, and concerns about minority rights. The existence of a multi-religious and multicultural society complicates the adoption of a one-size-fits-all approach. Political parties often hesitate to champion the cause of a UCC, given its potential to alienate religious and community groups, which can affect electoral outcomes. Further complications arise due to the constitutional framework of India. While Article 44 of the Indian Constitution calls for the enactment of a UCC, Article 25 guarantees the freedom of religion. This juxtaposition creates legal complexities when attempting to reconcile the demands of a UCC with the constitutional rights of religious freedom. This article highlights the pressing need for a Uniform Civil Code in India to ensure gender justice and equality. However, it is vital to acknowledge the complex challenges posed by political, cultural, and religious factors that have thus far hindered its implementation. Striking a balance between these considerations and devising a UCC that respects individual freedoms and rights, while adhering to the principles of justice and equality, remains a formidable task.