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@article{205083,
        author = {MOHD GALIB},
        title = {Uniform civil code versus minority rights: A legal and critical analysis beyond political rhetoric},
        journal = {International Journal of Innovative Research in Technology},
        year = {2026},
        volume = {13},
        number = {1},
        pages = {5255-5273},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=205083},
        abstract = {The debate on the Uniform Civil Code (UCC) in India represents a complex interaction between constitutional ideals of equality and the protection of minority rights. This study undertakes a legal and critical analysis of UCC beyond political rhetoric, focusing on its constitutional viability, historical evolution, judicial interpretation, and socio-cultural implications. It examines the tension between Article 44, which encourages the State to implement a UCC, and Articles 25–30, which guarantee religious freedom and cultural autonomy. The research adopts a doctrinal methodology, analysing constitutional provisions, landmark judicial pronouncements, and policy documents. Key cases relating to maintenance rights, bigamy, triple talaq, and inheritance are evaluated to highlight the inconsistencies within personal laws and their impact on gender justice. The study also explores the role of secularism and pluralism in shaping India’s legal framework and assesses whether uniformity can coexist with diversity.
Findings indicate that while UCC has the potential to promote equality, particularly gender justice, its implementation faces significant challenges, including political polarization, federal constraints, and concerns of cultural homogenization. Minority apprehensions regarding the erosion of identity further complicate the discourse. At the same time, judicial interventions have consistently emphasized the need for reform while respecting the limits of judicial authority.
The study suggests that a phased and consultative approach, including optional adoption models, codification of personal laws, and stakeholder engagement, may offer a practical pathway towards UCC. It also highlights the importance of safeguarding tribal and customary practices within any reform framework. The research concludes that the objective of UCC should not be mere uniformity but the realization of constitutional values such as equality, justice, and dignity. A balanced approach that harmonizes gender justice with cultural pluralism is essential for ensuring inclusive and sustainable legal reform in India.},
        keywords = {},
        month = {June},
        }