Kaushik H.M., Jindal Global Law School
ABSTRACT
The debate surrounding the uniform civil code (UCC) is a great demonstration of how an ideal vision of the future can be resisted by the realities that consume the present. On one hand, there is a desire to establish a common code that would equalize rights, duties and remedies concerned with personal disputes across various religious communities and on the other hand, there is an apprehension that the means to achieve such a goal cannot be trusted as it is intertwined with bigoted political motives. While rational actors on both sides of the debate hope for progress in the realm of social justice, they differ regarding the rate at which desirable social outcomes could be achieved along with the how they must be achieved. While those who support UCC envisage the integration of communities into a greater civic ideal, the other side believes that for vulnerable religious communities to be protected, the independent continuity of religious practices must be protected. To engage with this debate critically it is essential to observe and analyse various intersecting subjects and values. This write-up will try to argue in affirmative of the Uniform Civil Code in recognition of its normative value while maintaining that the political and legal landmines around this subject must be treaded upon cautiously as opposed to accepting UCC in any form presented.
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