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Trending: Call for Papers Volume 5 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

UCC AND MINORITY RIGHTS: RECONCILING SECULARISM WITH CULTURAL AUTONOMY – Nivas Bishnoi

ABSTRACT

The debate around the Uniform Civil Code (UCC) in India highlights the complex interplay between secularism and the protection of minority rights. While the UCC seeks to establish a common set of civil laws for all citizens regardless of religion, promoting equality and national integration, it also raises concerns about eroding the cultural and religious autonomy of minority communities. This tension poses a significant challenge to India’s unique model of secularism, which emphasizes equal respect for all religions rather than strict separation. The implementation of a UCC must carefully navigate this sensitive landscape to avoid marginalizing minority identities or imposing a majoritarian ethos. Reconciling secularism with cultural autonomy requires a nuanced approach that respects the diversity of personal laws while advancing the constitutional goals of gender justice and human rights. Progressive reforms within personal law systems, wide-ranging consultations, and consensus-building efforts are crucial to ensuring that the UCC becomes a tool for empowerment rather than homogenization. This paper explores the historical, legal, and socio-political dimensions of the UCC debate, highlighting pathways for achieving a balance between uniformity in civil laws and the preservation of India’s pluralistic fabric. It argues that true secularism must protect both individual rights and collective cultural identities.