Uniform Civil Code and Freedom of Speech in India

The argument regarding the Uniform Civil Code (UCC) touches a sensitive side and raises pertinent points, among others, relating to gender equality, freedom of speech, and religious freedom.Under Article 44 of the Indian Constitution, a set of laws is expected for all the people irrespective of any faith being observed in relation to private life about marriage, succession, or division.Opponents feel that a UCC would be dangerous to cultural traditions and religious freedom.However, proponents feel that it would uphold equality, secularism, and gender justice.This paper seeks to analyses the relationship between the UCC and the protection accorded to the basic right to freedom of speech under Article 19(1)(a) of the Constitution.The research further goes into the conflict between secular enactments and religious faith.It further digs into how media, the law, and the political debate are informing public opinion toward the UCC and determining whether such influences diminish people's liberties to freely endorse or oppose the policy.The paper aims at highlighting the impossibility of holding together religious pluralism with a common civil code in a culturally diverse society, such as in India, under the protection of the fundamental right to freedom of speech.To this end, it reviews cases and legal principles in the current political debates relevant to the controversy.

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Publication Details

Journal
International Journal of Research Publication and Reviews
Published
2025-02-01
DOI
https://doi.org/10.55248/gengpi.6.0225.0720
Primary Topic
Law in Society and Culture
Type
article
Field-Weighted Citation Impact
0.00
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article

Uniform Civil Code and Freedom of Speech in India

Pooran Chandra Pande, Dr K.B. Asthana
International Journal of Research Publication and Reviews
Law in Society and Culture
article

Uniform Civil Code and Freedom of Speech in India

Pooran Chandra Pande, Dr K.B. Asthana
article en

Abstract

The argument regarding the Uniform Civil Code (UCC) touches a sensitive side and raises pertinent points, among others, relating to gender equality, freedom of speech, and religious freedom.Under Article 44 of the Indian Constitution, a set of laws is expected for all the people irrespective of any faith being observed in relation to private life about marriage, succession, or division.Opponents feel that a UCC would be dangerous to cultural traditions and religious freedom.However, proponents feel that it would uphold equality, secularism, and gender justice.This paper seeks to analyses the relationship between the UCC and the protection accorded to the basic right to freedom of speech under Article 19(1)(a) of the Constitution.The research further goes into the conflict between secular enactments and religious faith.It further digs into how media, the law, and the political debate are informing public opinion toward the UCC and determining whether such influences diminish people's liberties to freely endorse or oppose the policy.The paper aims at highlighting the impossibility of holding together religious pluralism with a common civil code in a culturally diverse society, such as in India, under the protection of the fundamental right to freedom of speech.To this end, it reviews cases and legal principles in the current political debates relevant to the controversy.

International Journal of Research Publication and ReviewsVol. 6(2)
Peace, Justice and strong institutions
Openalex Percentile: Top 96%
Law in Society and Culture
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