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The Uniform Civil Code: A Comprehensive Analysis of its Influence on Family Law and Social Dynamics

Authors: Lakshay Tyagi & Ayushi Keshari,

LLM (Family Law),

Amity University Noida, u.P.

Abstract

The UCC is a contentious issue in India, with implications for family law and social dynamics. This paper provides a comprehensive analysis of the UCC, examining its constitutional foundation, judicial observations, and the need for its implementation. It explores the challenges and concerns surrounding the UCC, including religious and cultural heterogeneity, political sensitivity, legal complexity, and societal acceptance. This paper examines the complex issue of implementing a UCC in India, focusing on the implications for family law. It outlines the constitutional basis for personal laws and judicial perspectives on a UCC over the years. The analysis finds that while the Indian judiciary has made obiter dicta observations supporting Article 44 on UCC to promote national integration, there is also recognition of India's diversity and that the mere existence of difference does not imply discrimination. The paper summarizes the Uttarakhand UCC Bill 2024 which banned polygamy and child marriage, aiming to fulfil the BJP's long-standing promise of UCC. Concerns around implications for religious freedom and minority rights are discussed. It is concluded that implementing UCC requires constructive dialogue between stakeholders to uphold individual rights while fostering social cohesion. A balanced approach considering India's heterogeneity is needed. The analysis suggests the Uttarakhand Bill signifies a major step but practical challenges around cultural and religious diversity, politics, law and societal acceptance need thought and collaboration. The paper ultimately argues that while UCC has been backed as an equality and secularism-promoting idea, its realization necessitates understanding the legitimate concerns of minorities while prioritizing national consolidation. India and promote equality, secularism, and a cohesive legal structure for all individuals.

Keywords: Uniform Civil Code, Family Law, Social Dynamics, Constitution, Hindu, Marriage.