Interpretation Perspective w.r.t Viability and Application of Uniform Civil Code​

Tanya Saraswat
Kirit P Mehta School of Law, Narsee Monjee Institute of Management Studies, Navi Mumbai, India.

Volume III, Issue VI, 2020

India is a diverse country not only based on territory but also based on religions and cultural groups. Our Indian Constitution provides secularism in its Preamble and Implementation of a Uniform Civil Code under the Directive Principles. One aims to protect freedom of professing and practicing any religion and the other aims to safeguard the right of equality and the basic norm of justice. There has been a dispute on these matters and rights since the inception of the Indian Constitution. The lawmakers aimed to protect every right by successful codification of all the laws. After the codification of Hindu Laws, the disputes arose and a need of codification of the laws of minority communities was sought to be achieved. Interpretation tools give a complete understanding of the provision, its applicability and viability in a particular legal system.

The research paper aims to analyse the need of a Uniform Civil Code by using the rules of interpretation, legal maxims, and external aids. The researcher has also aimed to determine the scope of a UCC and its chances of being implemented.  It is next to impossible to implement a Uniform code keeping in mind the religions and their interests. Thus, a mid-way of making changes ‘within the religion’ is sought to be achieved.

Keywords: Religions, Communities, Personal Laws, Diversity, Secularism, Uniform Civil Code, Constitution, Preamble.