Uniform Civil Code And Right To Religion: An Inconsistency Within The Constitution?

Lauren Prem, Tamil Nadu National Law University

ABSTRACT

Uniform Civil Code, mentioned under article 44 of the Indian Constitution, has once again become a burning topic of legal debate. On one hand, UCC is viewed as a tool to achieve the ideals of secularism and national unity envisaged by our constitution. On the other hand, it is being opposed on the grounds that it would violate right to religion guaranteed under article 25 of the constitution which has manifested in the form of personal laws.1 Scholars further counter this argument by putting forth the view that a UCC regulates secular activities, rather than violating right to religion. 2 However, this view is based on a faulty premise that secularism means equality of religion. In this research project, the author attempts to balance out the arguments concerning both sides, ascertain the necessity of a UCC mainly by countering the existing arguments and developing a new perspective.