RIGHTS OF GUARDIANSHIP AND ADOPTION UNDER UNIFORM CIVIL CODE (UCC)
AUTHOR – MR. ANUBHAV CHIDANAND, STUDENT AT CHRIST UNIVERSITY
BEST CITATION – MR. ANUBHAV CHIDANAND, RIGHTS OF GUARDIANSHIP AND ADOPTION UNDER UNIFORM CIVIL CODE (UCC), INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 83-90, APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
In adoption and guardianship, Indian personal law regime presents an exemplary manifestation of national pluralism. While ensuring elementary attributes of equality and secularism through the Constitution, there prevails an overwhelmingly religion-divided legal framework, which has an uneven and discriminative impact. The debate over the Uniform Civil Code (the “UCC”), as enshrined under Article 44 of the Constitution, acquires specific significance in the case of
The welfare of children, alongside parental rights and gender equity, constitutes the focal point of this research. This investigation examines the disparities in adoption and guardianship stemming from various personal laws, frequently placing women and religious minorities, other than Hindus, at a disadvantage. The study systematically explores pertinent statutory regulations, constitutional restrictions, judicial interpretations, and the Uttarakhand UCC Rules 2025. It contends that, from a legal perspective, the establishment of a cohesive framework of regulations would concurrently fulfill the objectives of child welfare and constitutional equality, whilst also acknowledging and honoring the principle of religious pluralism.
Keywords:
Uniform Civil Code, Adoption, Guardianship, Constitutional Laws, Personal Laws, Gender Justice, Child Rights, Indian Legal System, Religious Minorities, Legal Reform