Vol. 10, Issue 1, Part B (2024)

The research paper delves into the intricate layers of the term "Uniform Civil Code" (UCC), dissecting its three components: "Uniform," "Civil," and "Code." It navigates through the historical evolution of these terms and their implications in the context of Article 44 of the Indian Constitution, which calls for the state to strive for a UCC. The paper traces the origins of the UCC back to colonial India, emphasizing its significance in the post-independence period, particularly examining the efforts to codify Hindu law. The study explores the ongoing debate surrounding the UCC, emphasizing the constitutional directive principles and the obligation of the state to implement a UCC. It analyzes key legal cases, from Shah Bano to Shayara Bano, that have shaped the discourse on a uniform civil code. The paper critically assesses the political landscape, with a focus on the Bharatiya Janata Party's (BJP) stance and the challenges in translating the UCC promise into legislative action. Furthermore, the research addresses the socio-legal aspects of the UCC, examining its implications on matters such as marriage, divorce, inheritance, and adoption. The paper also evaluates concerns related to freedom of religion, secularism, and the potential impact on diverse communities. Drawing insights from global experiences, including the example of Goa's existing uniform civil code, the research explores the feasibility and desirability of a UCC in the multifaceted Indian society. In conclusion, the paper advocates for a comprehensive socio-legal study to assess the viability and desirability of a UCC in contemporary India. It underscores the need for balanced legislation that harmonizes diverse traditions while upholding constitutional principles, fostering national unity, and ensuring equal rights for all citizens.