Uniform Civil Code: Challenges and the Way Forward in India

  • Aman Sonkar
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  • Aman Sonkar

    Assistant Professor at Motherhood University, Roorkee, Uttrakhand, India

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Abstract

The UCC has been one of the most contentious socio-legal issues since independence, as it has brought into conflict constitutional uniformity, religious autonomy, and gender justice. Article 44 of the DPSP (Directive Principles of State Policy) states that the state shall secure a Uniform Civil Code for the citizens (in this context, family laws) throughout the territory of India. However, different personal laws according to religion have resulted in legal ambiguities and gender discrimination. It will discuss the historical emergence of personal laws and landmark judgments as “Sarla Mudgal (1995), Shayara Bano (2017) and John Vallamattom (2003)” and the difficulties in enforcement of the UCC. Socio-cultural hurdles compound legal and constitutional challenges, such as the clash of fundamental rights (Articles 25-28) with the directive principles, resistance from minority communities, and political polarisation. Similar debate regarding US-UCC like harmonization v/s uniformity comparison UCC models in particular instances of France and Turkey. AI tools for law are more than its core technologies; they also touch on significant issues where predictive analytics could play a key role in law transparency, policy formulation, implementation of UCC, and ethical challenges. UCC should not be side-lined because of nationalists, argue the authors of this paper, cautioning of a slow and consensual process under a man with a sex agenda. With legislative tinkering, judicial interventions, AI, and innovations, India can build a harmonious and just legal architecture consistent with constitutional principles and cultural plurality.

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Research Paper

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International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 2801 - 2820

DOI: https://doij.org/10.10000/IJLMH.119379

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