Uniform Civil Code: A Balancing Act Between Equality and Diversity

This research paper examines the challenges of applying uniform legal frameworks, specifically the Uniform Civil Code (UCC), in culturally and religiously diverse contexts like India. The paper highlights how historical, geographical, and environmental factors have influenced the evolution of religious practices, particularly in personal laws. India’s colonial history, religious diversity, and political influences have shaped distinct legal systems across communities. While International human rights norms emphasize equality and non-discrimination, the implementation of a UCC must account for India's vast cultural landscape. The study underscores the importance of balancing religious freedom with individual rights, especially women’s rights, while exploring the potential conflicts between personal laws and constitutional principles of equality. Case studies such as the Shayara Bano and Shah Bano judgments further illustrate the judiciary’s role in advocating for a UCC. Drawing on international examples like Turkey, the paper explores how a secular legal framework could promote equality while being inclusive of diverse cultural practices.

Authors

Publication Details

Journal
International Journal For Multidisciplinary Research
Published
2024-09-13
DOI
https://doi.org/10.36948/ijfmr.2024.v06i05.27503
Primary Topic
Discrimination and Equality Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Uniform Civil Code: A Balancing Act Between Equality and Diversity

Kanchankumar Tejram Shewale -
International Journal For Multidisciplinary Research
Discrimination and Equality Law
article

Uniform Civil Code: A Balancing Act Between Equality and Diversity

Kanchankumar Tejram Shewale -
article en

Abstract

This research paper examines the challenges of applying uniform legal frameworks, specifically the Uniform Civil Code (UCC), in culturally and religiously diverse contexts like India. The paper highlights how historical, geographical, and environmental factors have influenced the evolution of religious practices, particularly in personal laws. India’s colonial history, religious diversity, and political influences have shaped distinct legal systems across communities. While International human rights norms emphasize equality and non-discrimination, the implementation of a UCC must account for India's vast cultural landscape. The study underscores the importance of balancing religious freedom with individual rights, especially women’s rights, while exploring the potential conflicts between personal laws and constitutional principles of equality. Case studies such as the Shayara Bano and Shah Bano judgments further illustrate the judiciary’s role in advocating for a UCC. Drawing on international examples like Turkey, the paper explores how a secular legal framework could promote equality while being inclusive of diverse cultural practices.

International Journal For Multidisciplinary ResearchVol. 6(5)
Openalex Percentile: Top 71%
Discrimination and Equality Law
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