The Need for Uniform Civil Rights for the Sexual Minorities

Abstract

The Uniform Civil Code is a legal pursuit that is unique to India. India is one of the most diverse countries not only in terms of culture and ethnicity, but also by virtue of the personal laws that India inherited from her rich and long history. The talk about implementing the Uniform Civil Code, which is a Directive Principle of State Policy enshrined in Art. 44 of the Constitution of India, has often made circles in both the legal as well as the political corridor. Today, we are closer to the goal than ever before. The India socio-legal scene is past the debate on whether the Uniform Civil Code is desirable. The true question before jurists, law-makers, and lawyers alike is what should form a part of the Code so enacted. While the traditional understanding of the Uniform Civil Code is that laws governing civil relationships like marriage, divorce, succession etc. are the same and apply uniformly to all irrespective of their religious affiliation. However, the author contends that no code will be truly uniform unless it recognizes the right of sexual minorities (gay, lesbian, bisexuals, and pansexuals) to enjoy the same civil rights as their heterosexual counterparts. India decriminalized homosexuality between consenting adults in 2018 after a long and hard-fought struggle. But the sexual minorities have not seen much progress vis-a-vis their legal rights to marry, adopt, inherit property etc. The author believes that time is ripe to take their cause forward by ensuring the inclusion of the rights of sexual minorities in Uniform Civil Code, as and when it sees the light of the day. To this end, the author will briefly analyse the history of Uniform Civil Code in India, and the struggle of the LGBTQ+ community in India. The paper will throw light on the demands of the community and put forth suggestions as to how the Uniform Civil Code can once and for all redress their grievances and ensure furtherance of their fundamental rights.