The Impact of Uniform Civil Code on Personal Laws in India: A Comparative Analysis

Abstract: The Uniform Civil Code (UCC) has been a subject of intense debate in India, as it seeks to replace personal laws based on religion with a common set of civil laws governing marriage, divorce, inheritance, and adoption. This study examines the impact of the UCC on personal laws in India through a comparative analysis of different legal frameworks. It explores how the implementation of the UCC may affect various religious communities, particularly in terms of gender justice, equality, and fundamental rights. The research also compares India's approach with countries that have successfully implemented a uniform legal system, highlighting the challenges and lessons that India can learn. By analyzing judicial interpretations, legislative efforts, and societal perspectives, the study aims to provide a balanced understanding of the feasibility and consequences of a UCC in a diverse country like India. The findings suggest that while the UCC can promote equality and legal uniformity, its implementation requires a sensitive and inclusive approach that considers religious and cultural diversity. The paper concludes by arguing for a balanced approach—one that respects religious diversity while ensuring fundamental rights and equality before the law. Rather than imposing uniformity, the UCC must be framed in a way that reflects India’s unique constitutional identity, fostering inclusivity and legal empowerment without eroding cultural freedoms.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-02-28
DOI
https://doi.org/10.5281/zenodo.15533288
Primary Topic
Legal and cultural studies analysis
Type
article
Field-Weighted Citation Impact
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article

The Impact of Uniform Civil Code on Personal Laws in India: A Comparative Analysis

Zenodo (CERN European Organization for Nuclear Research)
Legal and cultural studies analysis
article

The Impact of Uniform Civil Code on Personal Laws in India: A Comparative Analysis

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Abstract

Abstract: The Uniform Civil Code (UCC) has been a subject of intense debate in India, as it seeks to replace personal laws based on religion with a common set of civil laws governing marriage, divorce, inheritance, and adoption. This study examines the impact of the UCC on personal laws in India through a comparative analysis of different legal frameworks. It explores how the implementation of the UCC may affect various religious communities, particularly in terms of gender justice, equality, and fundamental rights. The research also compares India's approach with countries that have successfully implemented a uniform legal system, highlighting the challenges and lessons that India can learn. By analyzing judicial interpretations, legislative efforts, and societal perspectives, the study aims to provide a balanced understanding of the feasibility and consequences of a UCC in a diverse country like India. The findings suggest that while the UCC can promote equality and legal uniformity, its implementation requires a sensitive and inclusive approach that considers religious and cultural diversity. The paper concludes by arguing for a balanced approach—one that respects religious diversity while ensuring fundamental rights and equality before the law. Rather than imposing uniformity, the UCC must be framed in a way that reflects India’s unique constitutional identity, fostering inclusivity and legal empowerment without eroding cultural freedoms.

Zenodo (CERN European Organization for Nuclear Research)
Anand Agricultural University (IN)
Gender equality
Openalex Percentile: Top 54%
Legal and cultural studies analysis
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