Uniformity in Civil Code: Desirability and Challenges
The issue of adoption and implementation of uniform or common civil code (UCC) has generated a lot of conflicts and debates and has been politicized by the Indian society in such a way that it has become a complex problem which yields no easy solutions. The present paper explains the origin, concept and need of the UCC. It also analyses the debates of the constituent assembly, which preceded the constitutional form given to the UCC. It also charts the judicial response to the concept along with the analysis of legislative deliberation of a UCC in Uttarakhand. The article offers an insight in the arena of gender discrimination due to diverse personal laws. It also dwells in the model drafts aimed at substantive equality and offers a jurisprudential critique of the concept.