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January to March 2026 Article ID: NSS9755 Impact Factor:8.05 Cite Score:55 Download: 0 DOI: https://doi.org/10.63574/nss.9755 View PDf
Navigating Legal Pluralism: The Pursuit of Gender Justice Through Uniform Civil Code in India
Sanghmitra Parihar
Research Scholar, NLIU, Bhopal (M.P.)
Abstract - “The best thermometer to the
progress of a nation is its treatment of its women”- Swami Vivekananda
The debate surrounding the Uniform Civil Code
(UCC) in India has consistently intersected with questions of gender justice,
religious freedom, and constitutional morality. Personal laws governing
marriage, divorce, inheritance, adoption, and maintenance across religious
communities have historically reflected deep-rooted patriarchal norms, often
placing women at a structural disadvantage. This paper examines the pursuit of
gender justice through the lens of the Uniform Civil Code by tracing the historical
evolution of women’s rights in India—from the relative egalitarianism of the
early Vedic period to the pronounced gender inequalities of the medieval era,
and the gradual reformist interventions of the colonial and post-colonial
periods.
The study analyses the constitutional
positioning of the UCC under Article 44 as a Directive Principle of State
Policy and explores the ideological debates within the Constituent Assembly
that shaped its non-enforceable status. It further evaluates legislative and
judicial interventions that have incrementally advanced uniformity and gender
equity, including secular statutes such as Section 125 of the Code of Criminal
Procedure, the Hindu Code Bills, the Special Marriage Act, the Juvenile Justice
Act, and amendments addressing guardianship and adoption. Judicial
pronouncements in landmark cases such as Shah Bano, Daniel Latifi,
Sarla Mudgal, Vineeta Sharma, and Shayara Bano are
critically examined to illustrate the judiciary’s role in harmonising personal
laws with constitutional values of equality and dignity.
By also engaging with contemporary
developments in Goa and Uttarakhand, the paper argues that while a
comprehensive UCC remains politically and socially contested, a gradual,
women-centric, and consultative approach offers a pragmatic path forward.
Ultimately, the paper contends that meaningful gender justice in India is
difficult to achieve without reforming or transcending fragmented personal law
regimes.
Keywords: Uniform Civil Code,
Gender Justice, Personal Laws, Women’s Rights, Constitutional Morality.
