Secularism and Gender Justice: A Critical Analysis of Uttarakhand’s Uniform Civil Code
Author(s): Abhishek Nath & Shalini Yadav
Abstract: Indian secularism is concerned with establishing a balanced relationship between the state, religion, and the individual. This triadic relationship aims to prevent religious dominance through discriminatory rules and ensures equality not only among different religious groups but also within each community. At the same time, it seeks to balance religious freedom with individual liberty. This paper analyses a ‘double-layer equality’ model that combines two forms of religious equality. The first is the inter-religious model of equality, and the second is the intra-religious model of equality. Indian secularism cannot be fully understood only as equality among religions; it must also be seen as equality within religions. The study uses conceptual analysis and applies the double-layer equality framework to examine the Uniform Civil Code (UCC) in Uttarakhand. The UCC also balances religion and community, as well as religion and individuals, while promoting gender equality. Uttarakhand provides an example of how a secular state can use law to bridge the gap between constitutional ideals and social realities. The analysis shows how the Indian secularist state actively supports both individuals and communities through the principle of “principled distance”.
Keywords: Indian Secularism, Inter-Religious Equality, Intra-Religious Equality, Uniform Civil Code (UCC), Gender Justice
DOI: doi.org/10.65719/RC.3.2.2025.065
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