THE UNIFORM CIVIL CODE AS A DRIVER OF GENDER JUSTICE: A CRITICAL ANALYSIS OF PERSONAL LAWS IN INDIA
AUTHOR – NISHANT PAUL* & DR. ARVIND KUMAR SINGH**
* STUDENT AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS
** PROFESSOR AT AMITY LAW SCHOOL, AMITY UNIVERSITY UTTAR PRADESH, LUCKNOW CAMPUS
BEST CITATION – NISHANT PAUL & DR. ARVIND KUMAR SINGH, THE UNIFORM CIVIL CODE AS A DRIVER OF GENDER JUSTICE: A CRITICAL ANALYSIS OF PERSONAL LAWS IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (3) OF 2026, PG. 606-611, APIS – 3920 – 0001 & ISSN – 2583-2344.
ABSTRACT
The debate over the Uniform Civil Code (UCC) in India is often depicted as a struggle between secularism and religious freedom, and this has the effect of making its main potential as a transformative tool for gender justice rather less visible. This study takes a great leap forward from the political and religious slogans to perform an academic evaluation of the UCC’s possible enforcement role as a genuine equality creator within the family unit. In the meantime, the legal system in India is very much diverse and fragmented due to the presence of different personal laws that are based on religion and govern the important aspects of family life like marriage, divorce, maintenance, guardianship, and inheritance. A close examination indicates that a good number of these laws, supported by the ancient patriarchal views and customs, continue the oppression of women, irrespective of their religion.
According to this research, a deliberately implemented UCC, instead of serving as a means of cultural uniformity, is a requirement of the constitution (Article 44)[1] and a right thing to do for the protection of women’s rights (Articles 14 and 15)[2]. The study will focus on the analysis of the gender bias that is embedded in the uncodified and semi-codified personal laws of the largest communities and will further assess, with a critical eye, the historical attempts at reform, e.g., the Hindu Code Bills, to learn from them for the UCC. The paper eventually asserts that when a progressive, reformative UCC that emphasizes the best practices from all personal laws is put in place, it will be the most effective and sustainable approach.
KEY WORDS: Uniform civil code, Gender justice, Personal Laws, Constitutional Morality, Right To Equality, Article 14&15, Directive Principles of State Policy, Divorce and maintenance
[1] See The Constitution of India, 1950, Article 44 (Directive Principles of State Policy).
[2] See The Constitution of India, 1950, Articles 14 and 15 (Right to Equality and Prohibition of Discrimination).