Uniform Civil Code

This paper primarily talks about the concept of the Uniform Civil Code and its legal dimensions. In this paper, we have tried to examine the basic essence of the Uniform Civil Code and what does it mean and its legal prospective and theories. This paper commences with the introduction to the Uniform Civil Code in which it defines the concept of the Uniform Civil Code and also discusses about its origin or where it has derived from. It briefly talks about the history of the Uniform Civil Code and then discusses about the relationship of the Uniform Civil Code with the personal laws. In this part it discusses how the personal laws, play an important role when it comes to the formation of the Uniform Civil Code. It further discusses the need or desire for the Uniform Civil Code under this part itself, that whether the Uniform Civil Code should be implemented or not and what are the pros and cons of the same. As we further proceed towards the approach of the research paper, this paper discusses about the relationship of the Uniform Civil Code with the Secularism and discusses how the implementation of the Uniform Civil Code may lead to the disintegration of the nation and how this will lead to the breakdown off the peace and harmony among the people. Then it further discusses about the Uniform Civil Code and the constitutional guarantees. As we further proceed, then it discusses about the relationship between the Uniform Civil Code and the gender justice and human rights. This paper also talks about the judgements and the take of the Indian Judiciary towards the Uniform Civil Code. Last but not the least, this paper concludes with certain sets of recommendations and conclusions. This paper aims to spread knowledge and make the readers inquisitive about their approach on the topic of Uniform Civil Code and its Legal Dimensions. Scope And Objective Of The Study The object of the study is to analyze the concept of the Uniform Civil Code, and make as many number of people aware about the concept of the Uniform Civil Code and let the people decide whether the implementation of the same will be beneficial for them or not. A study of the concept, including some research articles and papers along with some newspapers and the history book have been conducted to bring about a significant result that helps in improving the analytical concept of the Uniform Civil Code in the mind of the readers. It aims at providing deep knowledge of the subject matter. Its main objective is to provide a new source of information, knowledge and wisdom to the readers of this article. The critical analysis of the Uniform Civil Code, is a topic, which is otherwise understood to be something which has already been established in various different papers, as we see a lot of journals getting published on the issue of the Uniform Civil Code and the gender rights and the human rights and also the secularism and the Uniform Civil Code but this paper also analyses the constitutional perspective and the personal law plea, so as to understand that if we introduce the concept of the Uniform Civil Code ,it can have its own pros and cons and one needs to consider each of them while talking and discussing about the Uniform Civil Code. The vitality of understanding the concept of the Uniform Civil Code , is critical when it comes to the understanding of the Indian society and especially the effect of the Indian personal laws. Research Methodology This research article is completely original and does not in any way or by any means intend to plagiarise any material from the internet and does not intend to violate any individuals copyright. The methodology adopted is largely analytical and descriptive. Reliance has been placed largely on secondary sources like books and articles. The lectures and classroom discussion have been rich with valuable pointers and gave direction to the research. Chapterization

The Constitution of India, in Article 44, directs the state to adopt a " uniform civil code " (UCC) for the entire territory of India. Despite ongoing legal changes that bridge the differences in India's disparate group-specific family laws, the idea of one single code continues to have ethical and political appeal. It is invoked by the modernist-nationalists in the name of uniform citizenship rights irrespective of religion; by feminists who worry about group-autonomy undermining women's rights and group-specific laws dividing women on the basis of religion; as well as by the Hindu-supremacist nationalists who see the autonomy granted to minority religious groups as " minority appeasement ". This course is intended to give a historical overview of the debates around the UCC, identify the questions of law and legal theory, and explore ethical and political stakes involved in various positions in this debate. We will organize the course around four themes: secularism; gender justice, religious freedom and non-state law.

Journal of Indian Law Institute, 2017

The paper analyses the right to equality from a group perspective while dealing with the issue of uniform civil code. In light of this discussion, it suggests that rather than providing solutions, a common civil code will create more problems. This is so because equality is a multi-faceted right and operates at different levels, i.e., individual as well as groups. Therefore, the normative concerns that are sought to be redressed by UCC will, rather than fading away, become serious issues. After briefly discussing the utility of UCC the paper suggests that what is required is not UCC, but better implementation of formal as well as substantive equality at all levels.

International Journal of Law, 2019

Abstract: This paper depicts personal laws in India, the issues of uniform common code and gender equity from a human rights perspective. A Uniform Civil Code indicates the possibility of same arrangement of common principles or civil rules for the citizens independent of their religion are they Hindus, Muslims or Christians. This supersedes the rights of citizens to be governed under different personal laws based on their religion or ethnicity. The purpose concealed in the uniform civil code is to eliminate the contradictions based on religious ideologies and promote the concept of national integration. All these things would be discussed in the paper and later we will reach into the conclusion that whether uniform civil code would really bring welfare to the society or not. Key Word: Equality, Fraternity, Uniform, Personal Laws, Integrity, Secularism, Fundamental, Religion, Profess, Practise, Propagate.

Dr Dwarka Prasad, 2021

It can be seen through daily practices that there are so many cases where the personal laws stand in derogation of basic human rights or in many cases they opposed the public policy. In such cases need for uniformity of law can be felt by different folks of the society. These uniform laws can guarantee equal rules as advocated by various international conventions through local legislation , for the society as a whole in various matters .

Anu Books, 2022

Religion being the core value in India, it is impossible to separate religion from the lives of people. There is a right to practice one's own religion but the state can regulate this right to prevent any discrimination and oppression. There have been talks since the making of the Constitution of India that there is a need for a Uniform Civil Code which will regulate the matters of personal laws of all religions. It has always been considered a difficult task to do owing to the diversity of religions and cultures in the country. But since the existence of different personal laws has given birth to many social issues like inequality and has been a hindrance to the national integrity of the country, there have been strong voices in favor of formulating a Uniform Civil code that will bring uniformity in all personal laws.. The researcher in this article has tried to understand the past, present and future of the discussion on Uniform Civil Code and analyze its merits and demerits.

India is a secular country, secularism has been held to be part of the basic structure of the Constitution. The basic structure put limitation on power of Parliament to amend the constitution. India is a secular democratic republic. Freedom of Religion is core of our culture. Even the slightest deviation shakes the social fibre. However, if religious practice violate of human rights and taking away civil and material freedom are oppression and creates discrimination. Therefore, a unified Code is imperative both for protection of the oppressed and promotion of national unity and solidarity. It is clear from Art. 44 which state that the State shall endeavour to secure for the citizens a uniform Civil Code throughout the territory of India. If the personal law based on the religious thought will continue to operate, it would definitely cause injustice to the community

2024

Law Order and Civil Rights, 2024

The Uniform Civil Code (UCC) has long been a topic of significant debate in India. Enshrined in Article 44 of the Indian Constitution, the UCC aims to replace personal laws, which are specific to various religious communities, with a common set of laws applicable to all citizens. These personal laws govern matters such as marriage, divorce, inheritance, and adoption. The objective of the UCC is to provide equal protection under the law and promote national integration by eliminating discrepancies in the legal system based on religious lines. Article 44 of the Indian Constitution states: "The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India." This directive principle reflects the vision of the framers of the Constitution to establish a cohesive legal framework that transcends religious boundaries, ensuring that all citizens are subject to the same civil laws irrespective of their faith. The framers believed that such uniformity would help in fostering national unity and integrity.

uniform civil code, 2024

This paper in the main talks approximately the idea of the uniform civil code and its felony dimension. In this paper, the basic essence of Uniform Civil Code is examined and what does it mean and its legal perspective and theories. Uniform Civil Code (UCC) additionally regarded as "One Nation-One Law" is described in Indian Constitution under Article 44 of the Directive Principles of the State Policy states that the State must secure a Uniform Civil Code for the citizens throughout the country. It especially targets to update Personal Laws primarily based totally at the scriptures and customs of every fundamental non secular network in India with a not unusual place set of regulations governing each citizen. Personal Laws are outstanding from Public Law and that they cowl marriage, divorce, inheritance, adoption, and maintenance. There are particularly 3 contextual problems which can be associated with Uniform Civil Code in Modern India. They are Legitimacy, Majority viz. Minority and Gender Equality. The important goal of this paper is to recognize the certain idea of Uniform Civil Code i.e. its beginning, contemporary developments, advantages, disadvantages, and Role of the Judiciary. Thus, at last in the paper, critical analysis and conclusion have been provided. In the process of making this paper, several journals, books, and articles were referred to and taken into consideration. The Internet has also been a support in this process. Hence, this paper is a end result of Doctrinal Research Methodology. Then it further discusses approximately the Uniform Civil Code and the constitutional guarantees. This paper also talks about the judgements and the take of the Indian Judiciary towards the Unform Chil Code. Last but not the least, this paper concludes with certain sets of recommendations and conclusion. The researcher has followed secondary data collection. This is a doctrinal study. The researcher has also utilized commentaries, books, treaties, articles, notes, comments, and other writings to incorporate the various views of the multitude of jurists, with the intention of presenting a holistic view. The researcher has made significant use of Case. Laws in the paper, to discern a trend in the judicial pronouncements