Harmony Despite Legal Diversity: Indigenous Perspectives And Recommendations On The Uniform Civil Code (UCC) In India

Yukta Bothra and Kiya Bagadiya, BBA LLB, School of Law, Auro University, Surat, Gujarat

ABSTRACT

With an emphasis on reservations, affirmative action practices, and potential conflicts, this article explores the intricate relationship between the Uniform Civil Code (UCC) and current regulations for Indigenous Communities across India. It delves deeply into the issues brought up by indigenous people, illuminating the alleged dangers of cultural deterioration and the effects of UCC on their identity and customs.

A careful analysis of reservations and affirmative action guidelines uncovers a complex debate that highlights the possible conflict between the UCC and current regulations. The study examines the nuances of these regulations, taking into account how the goal of a unified legal system might call into question the justification for community-specific reservations. This investigation tackles the concerns within social justice frameworks and considers the wider ramifications of representation and equity in India.

The paper carefully examines how indigenous people express fears that the UCC would erode their distinctive cultural practices and customary laws, with a focus on cultural loss as a primary subject. There are difficult considerations concerning how to strike a balance between maintaining India's multiple cultural identities and legal uniformity in light of the possible conflict between the UCC and current protective measures.

In addition to providing a thorough analysis of the difficulties, the article makes several proposals for the successful implementation of the UCC. These recommendations support inclusive talks with academics, clergy, legal professionals, and members of various indigenous communities. Comprehensive impact evaluations, safeguards against exploitation, and the incorporation of traditional dispute resolution procedures are prioritized. Tribal Advisory Councils are recommended to play an important role as middlemen in aligning the UCC with the needs and aspirations of indigenous populations.

The suggested recommendations place a strong emphasis on education and awareness, with particular focus paid to educating indigenous groups about the UCC, its ramifications, and their rights under the new legal framework. To provide a fair and just legal framework, the paper highlights the significance of addressing land and resource rights inside the UCC and stresses community involvement in the drafting process.

The article concludes with a thorough analysis of the possible conflicts and issues surrounding the UCC and a thorough series of recommendations meant to promote a democratic, inclusive, and culturally sensitive implementation of the UCC in India.