CONTENTION BETWEEN UNIFORM CIVIL CODE AND THE PRINCIPLE OF SECULARISM IN THE INDIAN CONSTITUTION

Abstract

The “question of what secularism means in the Indian context has long been a subject of academic inquiry. The answer, in its many avatars, often centres on distinguishing India’s constitutional and political experience from that of other liberal, mostly Western, democracies. India’s constitutional commitment to secularism is neither indifferent to nor impartial regarding religion; rather, it seeks to ensure that all religions are accorded equal treatment, while simultaneously subjugating religious freedom to the project of social reform. The need to study the secular ideal becomes all the more important considering the raging contemporary debate about the Uniform Civil Code. A uniform civil code administers the same set of secular civil laws to govern all people irrespective of their religion, caste and tribe. This supersedes the right of citizens to be governed under different personal laws based on their religion or caste or tribe. Such codes are in place in most modern nations. In this paper an attempt will be made to study how far considering the secular nature of our constitution, the idea of having an Uniform civil code is feasible. Paper will analyse how far the idea of Uniform Civil Code will be beneficial for the nation as a whole and what are the possible challenges also in implementing the same. Further, this paper will also take a look into by critically analysing the recent triple Talak judgement and other important judgement relevant to the issue of enforcing a Uniform Civil Code.”