• 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.