How Law Sees the Law! You see, see!

Though the Bharatiya Constitution visualizes a Uniform Civil Code under Article 44, its implementation remains politically and socially contested. At the same time, women in India continue to face systemic discrimination in personal law matters like marriage, divorce, inheritance, and adoption. Legal pluralism has allowed such inequalities to persist across religious communities. Scholars have argued that merely granting formal rights without addressing social norms and enforcement mechanisms has limited effectiveness in achieving gender justice (Agarwal, 1994).

A comparative perspective is useful in evaluating the tension between religious autonomy and gender justice. In certain jurisdictions where personal law remains deeply intertwined with state religious authority, women’s rights have been subject to structural constraints. For instance, in the Islamic Republic of Iran, post-1979 legal reforms institutionalised mandatory dress codes, unequal inheritance provisions, and gender-differentiated testimony rules within the formal legal framework. Although Iranian women have achieved high educational participation, legal inequalities in matters of marriage, divorce, and guardianship continue to attract international human rights scrutiny. The recent nationwide protests led significantly by women further highlight how unresolved tensions between religious personal law systems and constitutional guarantees of equality can generate social instability.

The Indian constitutional model differs significantly in that it does not establish a theocratic state. Articles 14, 15, and 21 guarantee equality, non-discrimination, and personal liberty, while Article 25 protects freedom of religion subject to public order, morality, and health. The debate surrounding the Uniform Civil Code must therefore be understood not as a project of religious erasure, but as a constitutional effort to harmonise personal laws with fundamental rights. Comparative experience suggests that when gender justice is indefinitely subordinated to religious orthodoxy, long-term social friction and rights deficits may result.

This write up evaluates recent work on the results of inheritance reform and child marriage laws, and the broader implications of a UCC. On the other hand, this will investigate why opponents talk in contradiction of the implementation of the code. Critics of UCC argue that enforcing a single set of personal laws across such a diverse nation could lead to significant social, legal, and constitutional challenges. However, if one looks at the statistics, public support for the UCC is significant, with 270 respondents indicating a trend towards favouring legal uniformity despite challenges.( Routiya, V. (2024).

The Hindu Succession (Amendment) Act, 2005 marked a critical shift in Indian family law, granting daughters equal rights to ancestral property. Empirical studies show that this legal reform had significant downstream benefits. Biswas et al. (2020) find that prolonged exposure to the amended law led to higher levels of women’s education, delayed marriages, and improved spousal traits. However, the implementation gap remains wide, and joint titling norms often obscure real ownership.

Jain et al. (2023) analyze over 16,000 digital land records from 12 Indian states and find systemic gender bias in ownership patterns. Women are rarely sole title holders; they are more likely to own smaller, jointly titled, or lower-quality parcels. The study highlights that legal reforms must be backed by administrative capacity and social acceptance to ensure effectiveness. Literature shows that insecure land rights constrain women’s economic prospects and make them vulnerable to poverty and violence. Despite initiating women-friendly amendments in existing polices in India, the situation has remained unresponsive. Clearly, the existing patriarchal mind-set, cultural and social ethos have imposed restrictions on women land ownership. For deriving important policy pointers, ground realities on land distribution and existing iniquities is required which is lacking in available databases. In this context, the paper aims to reinforce with evidence the bias against women in land rights at different stages so that policy can be rethought in new ways. (Jainet al, 2023, Abstract)

Hossain and Nikolov (2021) find that daughters’ property rights have measurable effects on household outcomes. The improvements reflect increased bargaining power for mothers within the household, which translated into better child nutrition and health.

Paul (2020) shows that child marriage, though declining, still affects over 20% of girls aged 20–24 in many states. A related study by Godha et al. (2013) using NFHS data finds strong associations between maternal child marriage and adverse child health outcomes such as stunting and underweight. Raj et al. (2009) highlight that child marriage increases reproductive health risks due to limited contraceptive use, multiple pregnancies, and lack of autonomy.

Shukla et al. (2024) statistically model the influence of literacy and income levels on child marriage prevalence and conclude that education is the most significant mitigating factor. The findings suggest that legal reforms like UCC should be complemented by broader development policies to address root causes of gender inequality.

While not yet subject to academic review, the implementation of the UCC in Uttarakhand in 2024 provides valuable real-world insights. The state witnessed more than 150,000 civil registrations within months, indicating administrative success. However, concerns regarding live-in relationship disclosures, privacy violations, and tribal exemptions highlight the complexity of universal legal frameworks in a multicultural society. These issues must be addressed in future UCC models to ensure inclusivity and rights protections.

Some of the points one should notice and ponder on are the following-

1. Legal equality in inheritance has led to positive educational and health outcomes, but practical land ownership among women remains limited due to titling practices (Biswas et al., 2020; Jain et al., 2023).

2. Inheritance reforms contributed to reductions in child stunting and wasting, indicating improved maternal bargaining power (Hossain & Nikolov, 2021).

3. Child marriage persists despite legal prohibitions, with deep health and autonomy implications for women and their children (Paul, 2020; Godha et al., 2013; Raj et al., 2009).

4. Education and socio-economic status are strong predictors of delayed marriage and female autonomy (Shukla et al., 2024).

5. The Uttarakhand UCC pilot demonstrates the feasibility of civil code reform, but procedural fairness, cultural autonomy, and privacy protections are vital for national expansion.

Way Forward will be the implementation of the Uniform Civil Code (UCC), as exemplified by Uttarakhand’s 2024 legislation, marks a significant step toward legal uniformity. However, it also raises complex practical and constitutional challenges. One of the most prominent hurdles is the religious and cultural opposition that stems from fears of majoritarian imposition. Minority communities, particularly Muslims and Christians, often perceive the UCC as an infringement on their religious autonomy. These concerns can be mitigated by fostering dialogue with community leaders, clarifying that the UCC addresses secular aspects like marriage and inheritance, and reassuring communities through reference to earlier progressive reforms, such as the Hindu Code Bills and the Shayara Bano judgment that abolished triple talaq.¹

A second pressing issue relates to privacy violations emerging from mandatory registration provisions. Under the Uttarakhand Code, couples in live-in relationships must disclose personal details, including past relationships, which could violate the right to privacy upheld in Justice K.S. Puttaswamy v. Union of India.² Moreover, the law mandates police and parental notification for individuals under 21, which may put interfaith or inter-caste couples at risk. A solution would be to de-link registration from eligibility for rights and remove intrusive questions. Privacy must be preserved through strict data protection measures and minimal state interference.

Legal inconsistency is another area of concern. The concurrent jurisdiction over marriage and succession laws creates potential conflict between central legislation (e.g., Hindu Succession Act, Muslim Personal Law Application Act) and newly introduced state UCCs.³ This can be addressed through the legislative route—by passing a comprehensive national UCC under parliamentary authority or by ensuring state laws receive Presidential assent under Article 254(2) when they diverge from central laws.

The administrative burden imposed by the new code is significant. The registration process involves complex documentation, such as Aadhaar, proof of residence, and prior relationship status, which may be inaccessible to the illiterate and poor, particularly in rural and tribal areas.⁴ To overcome this, the state must simplify registration procedures, introduce local-language forms, and deploy mobile legal aid units. Local panchayats and NGOs can assist in community-level outreach.

A fifth issue is the lack of legal awareness, especially among women and marginalized groups. Without targeted legal literacy campaigns, the potential of UCC provisions like equal inheritance and maintenance rights may go unrealized.⁵ Public education efforts through radio, community workshops, and school curricula can bridge this gap. Legal aid clinics and helplines should also be scaled up to support implementation.

Exclusion of Scheduled Tribes (STs) from the UCC’s ambit creates a paradox—uniformity that is not universal. In Uttarakhand, STs comprise around 3% of the population and continue to follow their customary practices.⁶ A phased approach that allows voluntary adoption of UCC provisions by tribal communities, while preserving key cultural traditions, could offer a balanced path forward. National integration does not require cultural erasure.

Another complication is the increase in court workload due to the UCC’s requirement that all divorces go through judicial proceedings. The prohibition of extra-judicial divorce, though constitutionally sound, will overwhelm already burdened family courts.⁷ To manage this, fast-track family courts should be created, and pre-litigation mediation mechanisms should be institutionalized. Digital platforms can streamline uncontested divorces.

The issue of testamentary freedom introduces a gender equity paradox. By removing the ancestral/self-acquired property distinction and permitting full freedom to bequeath property, the UCC risks enabling disinheritance of daughters.⁸ A solution would be to reintroduce a “minimum guaranteed share” in inherited property for daughters and monitor wills through registration systems that flag discriminatory patterns.

The UCC currently grants maintenance rights in live-in relationships only to women, excluding men and LGBTQ+ individuals. This raises equality concerns under Articles 14 and 15 of the Constitution.⁹ There is a demand that the Code should adopt gender-neutral language and extend maintenance protections to all partners based on dependency rather than gender identity.

Discretionary powers granted to registrars, such as denying registration of relationships based on vague terms like “morality” or “consent,” opens the door to arbitrariness and misuse.¹⁰ Clear legal definitions and procedural guidelines are necessary. Also, appellate forums should be established so that refusals can be fairly challenged.

While the UCC is a bold legislative experiment in aligning personal laws with constitutional values, its success hinges on sensitive, inclusive, and rights-based implementation. Reform must proceed with legal clarity, administrative efficiency, and social consensus to truly achieve the constitutional promise of equality and justice.

References-

Routiya, V. (2024) “Implementation of Uniform Civil Code in India: A Case Study,” Law Order and Civil Rights. doi: 10.5281/ZENODO.13374537.

Agarwal, B. (1994). A Field of One’s Own: Gender and Land Rights in South Asia. Cambridge University Press.

Biswas, S., Das, U., & Sarkhel, P. (2020). Duration of exposure to inheritance law in India: Examining heterogeneous effects on empowerment. World Development, 135, 105078. https://doi.org/10.1016/j.worlddev.2020.105078

Godha, D., Hotchkiss, D.R., & Gage, A.J. (2013). Association between child marriage and reproductive health outcomes and service utilization: A multi-country study from South Asia. Journal of Adolescent Health, 52(5), 552–558. https://doi.org/10.1016/j.jadohealth.2013.01.021

Hossain, M.S., & Nikolov, P. (2021). Entitled to Property: How Breaking the Gender Barrier Improves Child Health in India. Journal of Development Studies, 57(8), 1322–1342. https://doi.org/10.1080/00220388.2021.1887470

Jain, T., Seth, N., & Sharma, S. (2023). Women’s land ownership in India: Evidence from digital land records. Land Use Policy, 133, 106835. https://doi.org/10.1016/j.landusepol.2023.106835

Paul, P. (2020). Child Marriage Among Girls in India: Prevalence, Trends and Socio-Economic Correlates. Indian Journal of Human Development, 14(2), 260–271. https://doi.org/10.1177/0973703020950263

Raj, A., Saggurti, N., Balaiah, D., & Silverman, J.G. (2009). Prevalence of child marriage and its effect on fertility and fertility-control outcomes of young women in India: A cross-sectional, observational study. The Lancet, 373(9678), 1883–1889. https://doi.org/10.1016/S0140-6736(09)60246-4

Shukla, S., Upadhyay, A., & Tiwari, S. (2024). Effects of Educational and Socio-economic Factors on Child Marriages in India: A Statistical Analysis. Indian Journal of Human Development, Advance Online Publication.