Analysing the Concerns of Religious Minorities and the Uniform Civil Code: Cultural Diversity and National Integration

  • Deepmal Parmar,
  • Prashant Kumar and Dr. Sudhir Kumar Jain
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  • Deepmal Parmar

    LL.M. Student at Faculty of Law, AKS University, Satna, M.P., India

  • Prashant Kumar

    Assistant Professor at at Faculty of Law, AKS University, Satna, M.P., India

  • Dr. Sudhir Kumar Jain

    Head and Dean at Faculty of Law, AKS University, Satna, M.P., India

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Abstract

The controversy surrounding India's Uniform Civil Code (UCC) reflects the intricate relationship between constitutional principles, cultural diversity, and religious minority rights. The concerns of religious minorities about the UCC's implementation are critically examined in this research article, with a focus on the implications for national integration and cultural diversity. Although Article 44 of the Indian Constitution envisions the UCC as a way to advance equality and uniformity in the law, its actual implementation causes serious concerns among minority groups who worry about the loss of their unique religious identities and customs. In order to comprehend the conflict between individual and collective rights, the research takes a doctrinal and analytical approach, looking at constitutional clauses, court rulings, and academic viewpoints. It emphasizes how deeply ingrained personal rules are in the cultural and religious fabric of societies, making them more than just legal frameworks. The ideals of equality, secularism, and freedom of religion protected by Articles 14, 25, and 29 of the Constitution must therefore be carefully balanced in any attempt at uniformity. The study also investigates if the UCC can promote national integration or whether it runs the risk of making minority groups feel alienated. It makes the case that embracing diversity is crucial to maintaining India's pluralistic culture and that integration should not be confused with uniformity. To assess different models of legal pluralism, comparative viewpoints from nations with different legal systems are also considered. The study concludes that any significant change to personal laws must be comprehensive, incremental, and consensual. The emphasis should be on guaranteeing gender fairness, social change, and constitutional morality while maintaining cultural autonomy rather than enforcing conformity. The objectives of unity and diversity within the Indian legal system can be reconciled with the aid of this well-rounded strategy.

Keywords

  • Uniform Civil Code
  • Personal Laws
  • Religious Minorities
  • Cultural Diversity
  • National Integration.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 9, Issue 2, Page 4012 - 4025

DOI: https://doij.org/10.10000/IJLMH.1111977

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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