The Uniform Civil Code: The Politics of the Universal in Postcolonial India

Author: Arya, Lakshmi

Source: Feminist Legal Studies, Volume 14, Number 3, December 2006 , pp. 293-328(36)

Publisher: Springer

Abstract:

This article speaks of a debate in contemporary India: that surrounding the validity of enacting a civil code that applies uniformly to all communities and religions in the state. In certain feminist arguments, such a code is seen as possibly providing a sphere of rights to Indian women that is alternative to the rights - or wrongs - given to them by the plural religious laws, which form the basis of the civil law in India. India, however, is a heterogeneous polity, encompassing a diversity of cultures and religions, some dominant and others forming minorities. Given these differences, some critics see the feminist call for a Uniform Civil Code as an essentialist move that prioritises gender over other agendas and politics. They argue that the site of the ,universal' in this feminist move is a liberal site that inherently excludes marginalised Others and benefits the dominant subjects in India. In my article, I contest this critique and question whether the site of the universal and its authorial subject in postcolonial India is, in fact, an exclusionary liberal ruse of power. I draw insights from the history of the formation of the postcolonial nation-state in India to posit an experience of the state and the universal within it, which is alternative to the Western liberal model. The aim of this article is, therefore, not so much to debate the in/validity of a Uniform Civil Code, as to address certain contemporary post-structuralist critiques of the site of the universal in postcolonial India and posit a departure from them, based on perspectives drawn from history.

Keywords: citizenship; difference; India; postcolonial state; universal; Western liberal state

Document Type: Research article

DOI: http://dx.doi.org/10.1007/s10691-006-9040-z

Affiliations: 1: Email: lakshmi_arya@mail.com

Publication date: 2006-12-01

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