Advanced International Journal for Research

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Constitutional Perspectives on the Uniform Civil Code: A Focus on Women’s Rights

Author(s) Ms. Priya Singh, Dr. Rashmi Singh Rana
Country India
Abstract The Uniform Civil Code occupies a position of utmost importance within the constitutional structure of India that is enshrined in Article 44 promising uniformity in personal laws among various communities while fostering equality and justice. This paper, therefore, focuses on the constitutional dimensions of UCC, with respect to its impact on women's rights. Such a study will be based upon how personal laws, through religious customs, often perpetuate inequality.

It considers the constitutional imperative of UCC vis-à-vis basic rights under Articles 14, 15, and 21 urging equality, non-discrimination, and dignity to each citizen. Judicial decisions in judgments such as ‘Shah Bano’ & ‘Sarla Mudgal’ Cases have brought home to everybody the need for having a UCC that obliterates gender discrimination within the domain of personal laws.

While UCC promises to be a transformative tool in achieving gender justice, it also raises some critical questions regarding cultural diversity, religious freedom, and the challenge of its implementation in a pluralistic society. It is this paper's argument that the application of UCC must be balanced and inclusive in an approach to harmonize constitutional ideals with the realities of India's socio-cultural fabric and thereby empowering women and advancing their rights.
Field Sociology > Administration / Law / Management
Published In Volume 6, Issue 1, January-February 2025
Published On 2025-01-20
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E-ISSN 3048-7641
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