Gender justice in India: tra judicial activism e un nuovo dibattito sullo Uniform Civil Code

Abstract

Gender Justice in India: Judicial Activism and the New Debate on the Uniform Civil Code – The debate on India’s Uniform Civil Code (UCC) has shifted from secularism to gender justice. Once championed by the women’s movement, current discourse favors pluralism-sensitive approaches. Legal pluralism is now seen as intrinsic to India’s legal system, casting doubt on a top-down UCC. The Supreme Court promotes the UCC for national integration, often focusing on Muslim practices, but critics argue this reinforces Hindu majoritarianism. Feminists and scholars stress that gender inequality exists across all personal laws and call for gradual, community-based reforms that uphold women’s rights while respecting legal pluralism and India’s secular foundations.

Keywords: Uniform Civil Code; Legal pluralism; Gender justice; Judicial activism; Equality