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The Uniform Civil Code (UCC) represents one of the most contested reforms in India’s constitutional landscape, especially when examined through the lens of secularism. While the Indian Constitution guarantees freedom of religion under Articles 25–28, it also envisions a common civil code under Article 44, creating an inherent tension between personal laws and secular legal principles . In a secular state, the law is expected to treat all citizens equally, without privileging any religious community; however, India’s pluralistic society makes the implementation of a UCC particularly complex . Proponents argue that the UCC is essential to ensure gender justice, strengthen national integration, and harmonize personal laws with constitutional morality . Judicial pronouncements such as Shah Bano v. Union of India (1985) and Sarla Mudgal v. Union of India (1995) have emphasized the urgent need for uniformity in personal laws, highlighting the constitutional goal of equality . Critics, however, contend that enforcing a UCC may undermine cultural diversity and religious autonomy, thereby challenging India’s model of secularism which is based on the principle of equal respect for all faiths . Comparative experiences from France and Turkey reveal that civil codes can function successfully in secular democracies, but India’s path must be gradual and consultative, sensitive to both social realities and constitutional ideals . This paper argues that the UCC in a secular state should not merely be viewed as a legal reform but as a transformative process redefining the relationship between law and religion in India, ensuring both equality and pluralism.
Keywords:
Uniform Civil Code, Secularism, Personal Laws, Gender Justice, Constitutional Morality, Religious Freedom, Pluralism, Equality before Law, Cultural Autonomy, Law and Religion
Cite Article:
"Uniform Civil Code in a Secular State: Redefining the Relationship Between Law and Religion", International Journal of Science & Engineering Development Research (www.ijrti.org), ISSN:2455-2631, Vol.10, Issue 8, page no.b451-b455, August-2025, Available :http://www.ijrti.org/papers/IJRTI2508159.pdf
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ISSN:
2456-3315 | IMPACT FACTOR: 8.14 Calculated By Google Scholar| ESTD YEAR: 2016
An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.14 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator