REVISITING THE UNIFORM CIVIL CODE DEBATE IN INDIA: A CONSTITUTIONAL ANALYSIS OF GENDER JUSTICE VS RELIGIOUS FREEDOM

AUTHOR – SURAJ KUMAR* & DR RAJEEV KUMAR SINGH**

* STUDENT AT AMITY UNIVERSITY LUCKNOW

** ASSOCIATE PROFESSOR OF AMITY UNIVERSITY LUCKNOW

BEST CITATION – SURAJ KUMAR & DR RAJEEV KUMAR SINGH,REVISITING THE UNIFORM CIVIL CODE DEBATE IN INDIA: A CONSTITUTIONAL ANALYSIS OF GENDER JUSTICE VS RELIGIOUS FREEDOM, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (8) OF 2026, PG. 26-33, APIS – 3920 – 0001 & ISSN – 2583-2344. DOI – https://doi.org/10.65393/IJLRV6I84

Abstract

The question of implementing a Uniform Civil Code (UCC) in India has remained one of the most persistent and complex constitutional debates since independence. At its core, the issue reflects a normative conflict between two foundational values of the Indian Constitution—gender justice, which is rooted in equality and dignity, and religious freedom, which protects the autonomy of individuals and communities to follow their personal laws. While Article 44 of the Constitution envisions the establishment of a UCC, its placement within the Directive Principles indicates its aspirational nature rather than enforceability. This paper undertakes a comprehensive constitutional analysis of the UCC debate by examining historical developments, judicial interpretations, and socio-legal realities. It argues that the challenge is not merely about legal uniformity but about reconciling competing constitutional commitments in a pluralistic democracy. The paper concludes that a calibrated and inclusive approach is necessary to harmonize gender justice with religious freedom without undermining India’s diversity.

Keywords: Uniform Civil Code, Gender Equality, Freedom of Religion, Constitutional Law, Personal Law Regime, Secularism in India, Directive Principles of State Policy, Fundamental Rights, Constitutional Morality, Legal Reform.