UNIFORM CIVIL CODE: IN RELATION TO MARRIAGE LAWS IN INDIA
AUTHOR – SHREYAS BASAVARAJ MAIGOOR, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)
BEST CITATION – SHREYAS BASAVARAJ MAIGOOR, UNIFORM CIVIL CODE: IN RELATION TO MARRIAGE LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 410-418, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The debate on the Uniform Civil Code (UCC) regarding marriage laws in India is critically analyzed here with an emphasis on the conflict between constitutional equality and religious freedom. It examines the divided regime of personal marriage legislation over Hindus[1], Muslims[2], Christians, and Parsis and the alternative secular regime under the Special Marriage Act, 1954[3]. In a doctrinal and comparative legal approach, the research analyzes constitutional provisions, statutory schemes, and judicial pronouncements such as Shah Bano[4], Sarla Mudgal,[5] and Shayara Bano. The observations bring to light systemic gender discrimination, non-uniform rights, and the absence of uniformity, all of which compromise constitutional protection under Articles 14, 15, and 21[6]. The study also addresses the role of the judiciary, the conservative approach of the Law Commission, and comparative experiences from other pluralist societies. Recommendations entail gradual reforms, consolidation of secular choices, preparing a model uniform marriage code, and assigning priority to gender justice. The paper concludes that even as a UCC’s immediate countrywide implementation is politically delicate, the gradual, participative, and consensus-based reforms can balance pluralism with constitutional visions of equality, justice, and secularism.
KEY WORDS – Uniform Civil Code, Marriage Laws, Constitutional Law, Gender Justice, Religious Freedom, Equality, Supreme Court, Secularism, Law Commission, Goa Civil Code.
[1] Hindu Marriage Act, 1955.
[2] Muslim Personal Law (Shariat) Application Act, 1937.
[3] Special Marriage Act, 1954.
[4] Mohd. Ahmed Khan v. Shah Bano Begum, (1985) 2 SCC 556; AIR 1985 SC 945.
[5] Sarla Mudgal v. Union of India, (1995) 3 SCC 635; AIR 1995 SC 1531.
[6] Constitution of India, Articles 14, 15, 25–28, and 44.