UNIFORM CIVIL CODE

The concept of a Uniform Civil Code (UCC) in India, enshrined in Article 44 of the Constitution, has remained a contentious yet persistent subject in legal and political discourse since independence. 1 Aimed at establishing a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption for all citizens, the UCC promises to dismantle the existing mosaic of religious personal laws. This research paper undertakes an in-depth study of the potential application of a UCC in India, with a special analytical focus on the transformative changes it could bring to adoption law across Hindu, Muslim, Christian, and Parsi communities. It will explore the historical context, constitutional imperatives, and current legal frameworks governing adoption under various personal laws, juxtaposing them with the proposed uniformity. The paper argues that a UCC, while facing significant implementation challenges, holds the potential to standardize adoption procedures, prioritize child welfare universally, and rectify existing gender and religious disparities, thereby fostering a more equitable and child-centric legal landscape for family formation in India.

This article examines the complexities of implementing a Uniform Civil Code
(UCC) in India's diverse religious landscape, focusing on reconciling national legal uniformity
with Muslim personal law. It proposes integrating arbitration clauses and marriage stipulations
into the UCC framework as a potential means. It further explores key areas of family law,
including marriage, divorce, guardianship, adoption, maintenance, and inheritance, analysing
how these mechanisms can preserve religious autonomy while promoting women's rights and
gender equality. By comparing legal approaches in Indonesia, Saudi Arabia, the United Arab
Emirates, Pakistan and Turkey, the article offers insights into the practical application of family
law concepts. The research is structured into three main sections: (1) the rationale for
arbitration in family disputes; (2) the role of marriage stipulations in addressing critical issues;
and (3) a comparative analysis of international practices. This interdisciplinary approach
combines legal analysis with socio-cultural considerations, contributing to the ongoing
discourse on balancing religious freedom with legal uniformity in pluralistic societies.

This article examines the complexities of implementing a Uniform Civil Code
(UCC) in India's diverse religious landscape, focusing on reconciling national legal uniformity
with Muslim personal law. It proposes integrating arbitration clauses and marriage stipulations
into the UCC framework as a potential means. It further explores key areas of family law,
including marriage, divorce, guardianship, adoption, maintenance, and inheritance, analysing
how these mechanisms can preserve religious autonomy while promoting women's rights and
gender equality. By comparing legal approaches in Indonesia, Saudi Arabia, the United Arab
Emirates, Pakistan and Turkey, the article offers insights into the practical application of family
law concepts. The research is structured into three main sections: (1) the rationale for
arbitration in family disputes; (2) the role of marriage stipulations in addressing critical issues;
and (3) a comparative analysis of international practices. This interdisciplinary approach
combines legal analysis with socio-cultural considerations, contributing to the ongoing
discourse on balancing religious freedom with legal uniformity in pluralistic societies.

The issue of Muslim women’s dress has been a topic of much debate and discussion, not only in mainstream Muslim countries, but also in nations where Muslim are minorities. Government policies and decisions impacting on the attire of Muslim women have sparked controversy and even violent protests from various sectors of society, both Muslim and non-Muslim. Recently, a book was written on this very topic by a (male) Sri Lankan law student, which is based on literature evidence as well as empirical evidence gained through ascertaining the views of university students in Sri Lanka. The purpose of this work is to first ascertain the fundamental edicts laid down in the most authentic of Islamic texts on the subject of women’s attire in Islam, and then consider the interpretation given by various scholars and other sources, and lastly analyse each of the diverse interpretations and views in order to reconcile these with each other.  It will also discuss the concepts of masculine and feminine interpretation in jurisprudence with a view to ascertaining the extent to which gendered interpretation has influenced the thinking on this topic. This work will also explore the notions of choice and obligation, often used in the narrative pertaining to dress codes for women in Islam.

India's planned Uniform Civil Code (UCC) aims to establish a single set of secular civil rules that apply to all citizens in place of the country's religion personal laws. This study investigates the need for the UCC to address gender inequality stemming from personal laws, which frequently contain discriminatory clauses against women in areas such as inheritance, divorce, and marriage. This paper emphasizes the UCC as a crucial legislative reform for attaining gender equality and societal transformation by highlighting historical contexts, important aspects of the UCC, significant instances, and its possible influence on gender justice. The article offers thorough recommendations for the UCC's successful adoption in India by analysing comparative implementations in other nations and resolving obstacles.

Reflecting the complexity of its diverse population and its objectives as a secular democracy, India's implementation of a UCC has been the topic of intense controversy and debate. This research paper analyses the significance of the 'UCC in India's secular democracy and provides a critical analysis of the ongoing debate over it. Further, the paper examines the reasons for and against a UCC, from the perspectives of constitutional principles, cultural variety, gender equality, and minority rights. The objective of this research paper is to offer an analysis of the advantages and disadvantages associated with the implementation of such a standardized code. The paper aims to explore the debate over the UCC and its significance for India's identity as a secular democracy. It examines the implications for achieving gender justice, highlighting the imperative of adopting a forward-thinking strategy to rectify the inherent disparities and biases present in personal laws. Furthermore, the paper explores the potential benefits of implementing the UCC in terms of promoting national unity, ensuring equality among citizens, and enhancing social harmony. The paper emphasises the political and social context of the UCC debate in India and the importance of a comprehensive discussion on the UCC, which guarantees the involvement of various representatives to provide detailed insights on different religious, cultural, and gender viewpoints. The argument advocates for a strategy that acknowledges and values individual liberty, maintains adherence to constitutional principles, and strives to achieve an ideal balance between protecting cultural identities and promoting social justice. The paper also provides recommendations and suggestions, which could pave potential pathways which can promote significant discourse, facilitate consensus-building, and establish the foundation for the execution of a UCC that is consistent with India's secular democratic principles. In its finality, the paper calls for a decision in the matter of UCC that strikes a balance between the need to respect and accommodate cultural and religious diversities, and the ideals of equality and individual rights.

India is home to people of various religions, each following different personal laws concerning marriage, divorce, inheritance, and family matters. Even after independence, several personal laws related to inheritance, adoption, divorce, and marriage were passed by the Indian Parliament. However, Article 44 of the Indian Constitution states that there should be a Uniform Civil Code (UCC) for all Indian citizens across the country. This has been a topic of debate for decades. Due to strong opposition from various religious communities, the implementation of a UCC nationwide has not yet been achieved. However, the process of gradual enforcement has begun. On January 27, 2025, Uttarakhand became the first state in India to implement the Uniform Civil Code. The state government stated that its primary objective is to safeguard individual rights and promote social harmony. The Uttarakhand Uniform Civil Code (UCC) consists of 392 provisions divided into four parts, along with seven schedules.  Part I covers marriage and divorce.  Part II addresses inheritance and wills.  Part III pertains to live-in relationships.  Part IV discusses the repeal and exceptions of existing personal laws affected by this legislation.

Call for Papers: Special Edition on "Recent Legal Developments in Jordan"

We are pleased to announce a Call for Papers for a special section in the Manchester Journal of Transnational Islamic Law & Practice (MJTILP), dedicated to exploring recent legal developments in Jordan. This section will focus on the intersection of Islamic law and contemporary legal, social, cultural, and political changes in Jordan, and their transnational implications for Islam and legal practice.

Scholars are invited to submit original papers offering critical insights on:

Family law reforms
Human rights and women's rights
Criminal law and justice system updates
Islamic banking and finance
Socio-legal developments
Submissions should be made by 31 January 2025.

For details on the submission, please contact Dr. Oumama E. Hamasha at o.hamasha@ju.edu.jo.

We look forward to receiving your contributions!

We are pleased to invite submissions for a special section dedicated to "Recent Legal Developments in Jordan." This section will explore the multifaceted role of Islam in shaping the history, culture, and identity of Jordan. As a lived experience and way of life, Islam in Jordan is both dynamic and deeply rooted in the country's rich cultural heritage and its interactions with other regions and civilizations. Islamic law, in particular, has a long-standing presence in Jordanian society, evolving through various phases. Recent legal developments in Jordan have significant implications for Islamic law, particularly in the following areas: • Family Law: Recent amendments, reforms, and developments in family law reflect particular interpretations of Islamic principles. • Human Rights: Legal developments concerning human rights, women's rights, and freedom of expression are frequently inspired by Islamic principles. Jordan navigates the complex challenge of balancing religious principles with universal human rights standards. • Criminal Law: Jordanian criminal law has incorporated significant reforms derived from Islamic principles and values. • Islamic Banking and Finance: Jordan's Islamic finance sector is expanding, operating in accordance with Shari'ah principles. Legal developments in this field include creating regulatory frameworks that support modern financial instruments and products while ensuring Shari'ah compliance. • Socio-Legal Developments: Shari'ah significantly influences public opinion, education, business,

The article discusses the link between gender justice and the enforcement of the Uniform Civil Code (UCC) in India. The UCC is specified in Article 44 of the Indian constitution, aiming to standardize personal laws governing marriage, divorce, inheritance, and adoption across the diverse religious communities in India. Currently, these laws vary significantly between different religious groups, leading to gender inequalities. While the judiciary has played a crucial role in advocating for the importance of introducing the UCC in the Indian legal system through landmark judgments, its implementation remains a contentious issue among lawmakers. Therefore, the article emphasizes the historical background of personal laws and the need for a change to achieve equality among citizens in our country.

Woman" is a troublesome term, in feminism and in law(Richard Rorty,1989)".The category is neither consistently nor coherently constituted in linguistic, historical, or legal contexts. Yet the framework through which women have sought and gained improvements in their legal, economic, and social status depends upon the ascription of meaning to the term. The role of constitutions in ensuring gender justice is being recognized in modern times. It is most appropriate that the supreme law of the land should meaningfully address the woman question and respond to the challenges by stimulating the whole legal system towards a greater concern for, and protection of women. During each time period drastic changes and revolution has happened in the field of feminist jurisprudence in India.Each strain of feminist jurisprudence evaluates and criticizes the law by examining the relationship between gender, sexuality, power, individual rights, and the judicial system, as a whole the paper focuses on each of the time period giving critical evaluation to the changing facet of Feminist Jurisprudence and it's locus in Indian Laws.

The issue of Uniform Civil Code (UCC) is an old one. In a globalised world it raises the question of resolving conflicts and antagonisms between the law as a product of social science knowledge (singularity) and the law as celebrations of ‘life as it is’ (plurality). This is a universal predicaments of lawyers in the pursuit of finding a solution. Legal codes act as the mode of mediation between the two meanings of law. The law as a singularity, therefore, is negation of laws. A code is a closed system of rules and infuses character of transcendence to law with a kind of infinite social potential! The quest for UCC has been one of the main schema of reform, amidst the plurality of cultural values, for the lawyers, leaders, and the academicians. In a globalised world, the uniformalization of personal laws raises the question of supplanting the living plurality of life worlds shared by communities since antiquity. The life of antagonism with respect to UCC is visible in the dichotomy of fact and value. This study critically investigates, therefore, the relationship between plurality and uniformity in terms of conceptual understanding. Accordingly, the paper attempts an indepth analysis of certain core categories traceable in the Constitution and ideas of unity, uniformity, democracy, secularism, and pluralism, etc. The study concludes that there is definite reproach and admonition emanating from history, sociology, culture, and the aspects of modernity itself, which are essential to take into account if any project of reform is to be legitimate and successful. There is inherent danger of stupendous arrogation and infinite regression in the proposals of law codes such as UCC. Accordingly, we pose and examine the questions as to what extent, a reform based on codification, can be sustainable with reference to the diversities of social orders facilitated by the pluralities of personal laws. Whether any change that may qualify in law, on the basis of the Constitution, must only be incremental in nature? Whether and what an agenda of reform can recreate?

An Edited book, 'Beyond the Headlines 2023-24' includes expert commentary on top trending news of 2023, covering topics like the Silkyara Rescue Operation, Uniform Civil Code in Uttarakhand, India's Space Mission, AI & Robotics, Indian Economy, Atmanirbhar Bharat, Bhartiya Nayay Sanhita, Sinking Joshimath, Ethnic War in Manipur, and the Construction of the Ram Mandir.

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.

In India, where religion-specific laws govern issues of marriage, divorce, maintenance, adoption and inheritance, the family laws of Muslims-the largest religious minority-have been a thorny issue in the post-independence period. In recent years, the major intervention in Muslim personal law reform came in the form of the invalidation of instant divorce or triple talaq by the Supreme Court of India. Subsequently, a law was passed that criminalised it. By delving into a close examination of recent judicial activism and by drawing on our ethnographic work with Muslim women in India, we show that it is only by refocussing the debate from judicial discourse to legal practice that the trope of Muslim women's victimhood and the tired debates about religious freedom versus citizenship rights can be questioned and bypassed.

Under the Directive Principles of State Policy in the Indian Constitution, Article 44 directs the State that "The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India." Apart from this, admissible comments have also been made from time to time by various courts of India. But the Uniform Civil Code demanded for India in the early years of Independence hasn't implemented till date. The Parliament which passed the Hindu Code Bill in 1955-56 as a social reform in Hindu society, the same institution has not been able to implement the Uniform Civil Code till date. Everyone has their own questions and their own arguments on different perspectives of consensus and disagreement on the subject, which has turned it into more of a controversy than an attempt of social reform. In the guise of this controversy, the secular nature of the Indian state has not only questioned but has also been seen as selective secularism or pseudo-secularism.

Abstract: National unity is an aspiration of people in all societies, but in many cases it cannot be achieved on the ground and if so, it would quickly break down and starts to emerge among the same society members. In this paper, the researchers tried to develop a definition of national unity in view of the Islamic concept of man that regards him as the vice-regent of Allah on the earth. Based on this vision which, consists and consolidates the basic of human rights; the right of dignity, the right of social justice, the right of freedom in its many forms, ...

Article 44 of the Indian Constitution seeks promulgation of a "Uniform Code" to regulate the civil affairs of the citizens. The language of the provision neither indicates the nature of such a Code nor does it specify the framework within which it shall operate. The Constituent Assembly Debates, however, highlight two sequential implicationsone, that the Code will bind Indians in one single identity; and two, that the minorities, especially Muslims find the idea troubling on account of its potential dilution of the Muslim identity. The 21 st Law Commission submitted its Consultation Paper (2018) rejecting the possibility of a Uniform Civil Code (UCC). The suggestion was nullified by a fresh consultation issued by the 22 nd Commission (2022) in favour of UCC but without any terms of reference. Several Muslim bodies issued their strong disapproval of the exercise while reiterating that codification on civil matters will be disastrous for minority rights in the country. More recently, however, the State of Uttarakhand has passed the UCC Bill (2024) which seeks to define issues like marriage, divorce, succession and inheritance along majoritarian lines. This introduction to the Special Issue particularly traces these developments to understand and situate the dynamics of Muslim identity in India along with giving a brief overview of the articles included in the Special Issue.

When a policy becomes subject to the intellectual debate, it indicates to a significant underlying issue within the policy's implementation. This applies to policies and schemes whether orchestrated by governmental bodies or charitable foundations within a country. The formulation of laws and policies serves as a crucial pillar meant to uphold the interests of the public in a favorable manner. However, a just dispensation of justice cannot be achieved solely by catering to the demographic majority. It necessitates a comprehensive consideration of all segments of society, including the marginalized groups within the nation. Failure to adhere to this principle undermines the true essence of justice delivery, which should cater to the individual, religious, and constitutional rights of all citizens. Consequently, a nation will struggle to uphold the tenets of justice for its entire diverse population. Unfortunately, this flawed approach to policy-making often leads to the evident instances of injustice, as exemplified by the antagonistic Uniform Civil Code (UCC) Bill. UCC demands repealing the personal laws of all religions. As a kind information, UCC, if implemented, would go introspecting the fundamental laws of every religious ethnicity of Indian nation, whether its Islam, Hinduism, Jainism, Christianity, Buddhism or otherwise. Therefore, it is next to the lunacy to expect that UCC shall adversely affect only the Islamic tenets and Sharia Fundamentalism.

The codification of civil law in Ukraine has a relatively insignificant history, yet it is notable for its colourful evolution. In less than a hundred years, Ukraine has received three codification acts, each of which marked a significant epoch in the development of national culture, legal tradition and economic relations.

The first codification took place in 1922 and is associated with the establishment of Soviet power on the territory of Ukraine after the collapse of the Russian Empire in 1917.  However, it is characterised by the regulation of commercial relations during the period of the 'New Economic Policy'. This period was characterised by the development of entrepreneurship to restore the economy of Soviet Ukraine, which had been destroyed by the Civil War (1918-1922). The Civil Code of 1922 reflected the restoration of copyright, the commercial status of legal entities and inheritance law, which had been abolished after the October Revolution of 1917. The Codification provides for various forms of business activity. A distinctive feature of the Code was the introduction of private property and the provision of the powers of its owner. It is important to note that after 1917, legislation was abolished and the process of formation of the legislation of socialist Ukraine began. The initial stage of this process declared the abolition of any property in communist society.

The Code comprised four parts, including the General Provisions, the Law of Property, the Law of Obligations and the Law of Succession. It also included a number of institutions, such as transactions, persons and the like. These institutions preserved not only the traditions of the pandect system but also elements of the institutional system of construction characteristic of French law.

Prior to 1917, Ukraine constituted part of the territory of the Russian Empire. Following this, although the country was formally independent, the Civil Code of the Ukrainian SSR of 1922 was in fact a reception of the Civil Code of the RSFSR of 1922, which combined two years of experience of development of the young republics under the NEP.

The second codification was the Civil Code of the Ukrainian SSR of 1963. The Code came into force on 1 January 1964 and contained ideologically verified tasks of building a socialist society in the period after the NEP. In addition to the already listed sections, the Code is significantly improved with new constructions in the field of intellectual property law, and also includes some restrictions in the field of property rights. In particular, the code enshrines individual ownership of items of personal use, restricts private ownership and significantly strengthens the role of collective ownership.

A significant innovation of the second codification was the rejection of dualism in private law, which is characteristic of France, and the regulation of relations exclusively by the norms of the Civil Code regardless of the subjects. The second codification significantly expanded the list of contracts. In particular, there appeared the contract of supply and the contract of contracting, which were characteristic of the administrative-planned system of economic management. Under such a system, the organisation of contractual relations was centrally managed, excluding any initiative and independence. In this case, the supply contract becomes the key contract of that period of time. It is beyond doubt that the Second Codification resulted in the Civil Code, which also duplicated the provisions of the Second Codification of the Civil Code of the RSFSR. This approach to rule-making is typical of the USSR era. Despite the formal independence of all 15 republics of the USSR, which were part of it, they were fully centralised and administered by a single administration. The centre of such administration was in Moscow. It is possible that all republican codifications are based on the provision of the relevant Code of the RSFSR of 1964. The Civil Code of Ukraine is an exception to this.

The proclamation of Ukraine's independence in 1991 opened the way for reforming Ukrainian legislation under new conditions.  The transition to a market economy and the change of the system of governance became the benchmarks that laid the foundation for the third codification of Ukrainian civil law. In 2003, the Civil Code of independent Ukraine was adopted to replace the Civil Code of the Ukrainian SSR, which could no longer regulate market relations in the country.

The 2003 Civil Code of Ukraine restores the right to private property, provides detailed regulation of individual rights, and contains 52 contractual constructions. In comparison to the 1963 Civil Code, the third codification significantly improved the legal form of social relations. During the drafting of the third codification, the question of choosing a reference point was also raised. The provision on legal entities, which enabled the development of entrepreneurship, was a significant element of the third codification.

The 2003 Ukrainian Civil Code incorporates elements of the French Civil Code of 1806. In particular, its structure is similar to that of the Napoleonic Code, with sections on General Provisions, Persons, Things, and Property. However, the creators of the Civil Code of Ukraine of 2003 followed the path of their German colleagues and based the structure of the Civil Code on the principles of the pandect system, which is characterised by a high degree of detail in the general provisions. The Code contains, along with the law of property, also norms of the law of obligations.

The Civil Code of 2003 does not regulate family relations. The 2005 Family Code regulates these matters. Despite the proclamation of Ukraine's independence, Russia's influence on political processes in Ukraine has not been lost. On the contrary, it becomes an element of the foreign policy of the two states. Moreover, the adoption of codifications that determine the further development of Ukrainian society became one of the levers of influence on political processes in society. Ultimately, the 2003 Civil Code, in continuity with the traditions of previous codifications, became a replication of the 1996 Russian Civil Code. This was due to the fact that the political and economic development of Ukraine between 1991 and 2014 occurred within the context of Russia's interests. This entailed not only political dependence of Ukraine on Russia, but also the lawmaking influence of Russia on the development of law in Ukraine. In addition to political peculiarities in the third codification of civil law, there are also legal problems. Among them is the adoption in 2003 of the Commercial Code of Ukraine, which was intended to fulfil the role of a regulator of commercial relations in accordance with the French Commercial Code. It was not possible to achieve this objective. The adoption of the Commercial Code of Ukraine in 2003 led to the violation of systematicity in the regulation of relations, as each of the codes had its own view of things. As a result, many problematic issues remain unresolved to date. In particular, the calculation of limitation periods differs between the two codes.

Furthermore, the Economic Code of 2003 contains mainly declarative provisions, while separate normative acts prescribe the relevant procedures in detail. For instance, the Economic Code of 2003 has only five articles devoted to economic competition, while individual laws regulate in detail the procedure for the protection of fair competition in a total of more than 75 articles. A similar situation can be observed with regard to bankruptcy. In Ukraine, an independent code of bankruptcy procedures was adopted in 2018. In 2014, a new stage of Ukraine's development began, associated with integration into the European community. This process has both political and economic significance. As a result, in 2019, a group of scientists initiated the fourth codification of the civil law of Ukraine. The new civil code should include modern regulatory tools based on the signs of digitalisation of certain moments, borrowing of constructions of different legal systems, for example, trust.

Unification of all spheres of civil law is of key importance in the process of the fourth codification. It is envisaged to merge the Family Code with the Civil Code and to include a separate section on private international law. Currently, this area is regulated by a separate Act on International Private Law of 2005.

Additionally, it is proposed that the 2003 Commercial Code be repealed due to its inconsistency with the provisions of the 2003 Civil Code.

The establishment of the structure of the Western European modern state in other continents has given rise to many challenges, in which the desire to achieve uniformity like European states in these societies has contributed significantly.
The uniformity of laws is an important aspect for the stability of these states. Not surprisingly, in a multi-religious, multi-lingual, multi-ethnic state like India, the issue of uniform civil code for citizens has many contestations.
This article analyzes such contestations and attempts to examine the need for such a law in India from a historical analytical perspective. The
paper argues that we should look for a comprehensive civil code rather than a uniform code, which will be a logical amalgamation of different
customs and practices and will have a wider agreement. We can call it the Indian Civil Code in true sense.

Ensuring justice and equality to women is getting enmeshed in many other issues like, religion, secularism, and freedom and so on. The Muslim personal law maintained the superiority of men over women based on traditions. The personal law covers marriage, and its dissolution, family rights and obligations, testamentary and intestate succession, personal property, religious and charitable endowments and pre-emption etc. Muslim women undergo many difficulties and experiences sever trauma in the matter concerning their marriage, divorce and inheritance, polygamy, desertion, pardah system and triple divorce etc,. Indian, women have been formally granted equality with regard to enjoyment of political rights by the Indian constitution. But due to application of personal law Muslim women in India experiences inequality, deprivation and violence. Within the family their position is pitiable. The question of women's right as human being is completely ignored and elementary human justice and dignity is denied to them. That is why there is a need to reform the personal law or bring about a uniform civil code to ensure not only equality between men and women but also bring about gender justice.

The principle of basic structure of the constitution is related to Indian polity as well as land reforms by keeping in view the economic development of the country. The underlying principle of this basic structure is Part III (Article 12-35) of the Indian Constitution which deals with Fundamental Rights (FR); Part IV (Article 36-51) states Directive Principles of State Policy (DPSP) and Part XX (Article 368) explains the procedure for the Amendment of the Constitution. After the enactment of the constitution of India, the scenario which prevailed was of the conflict and contradiction between FR and DPSP. On one hand where FR were negative in character by virtue of restricting the power of state, at the same time DPSP resembled the moral responsibility of the state for the development of a nation as a whole. Significantly, the aspects like upliftment from poverty, development of farmers, women and marginalized communities etc. were inherent components of the freedom struggle that the people of India envisioned through the freedom movement. Therefore this article will try to find out how land reforms were operationalized immediately after the constitution came into force and how these reforms raised questions in front of the Supreme Court (SC) about the form of law, amendment, right to property and different cases and thus, how the basic structure of the constitution was formed.

What is the truth about the Uniform Civil Code:
Is there any kind of relationship between the CAA (Citizenship Amendment Act) and the UCC (Uniform Civil Code)?
Is the Uniform Civil Code necessary?
And is it an issue which has anything to do with Hindus at all (let aside Hindus who are "jealous of Muslims because they have the right to have four wives at a time ")?

I. CAA vis-à-vis UCC?
II. Is the Uniform Civil Code necessary?
III. Is it a Hindu Issue?

The debate around the Uniform Civil Code (UCC) has myriad dimensions and is fraught with contestations in India. Not only is the plausibility but also the desirability of such a uniform code dictating the personal lives of people of different faiths need a critical inquiry. The UCC reflects an intense desire of the liberal and majoritarian nation-state to homogenise and universalise its legal framework of personal laws, aiming at the unencumbered self-interested individual, making them the primary unit of these laws. This is highly problematic when the individuals find themselves embedded in a religio-cultural community, deriving meaning, dignity, and security from their faith and community rather than from the secular state that either fails to, or struggles with, recognising community as the basic unit. This article approaches the profound discussion on UCC from a post-secular prism of religious identity. It interrogates the discourse between legal universalism and legal pluralism to problematise the hegemonic narrative of one-nation-one-law. By unpacking the colonial genealogy of the contemporary personal law framework in India and its impact on shaping the socio-cultural imaginations of the people of India and the postcolonial nation-state, this article argues that the teleological narrative of the modern-secular legal system of the UCC is non-neutral as it gives epistemic privileges to certain traditions as ‘norm’ while alienating others. The hegemonic urge to create ‘citizens’ in their own image, whether by liberal-secularist or Hindu nationalists, is a direct contravention of the very notion of a diverse and multicultural democracy where all stakeholders are allowed to be true to their values without being seen as the ‘other’ and a threat to the integrity of the state itself.

In India discourse on gender justice is incomplete without mentioning great pioneer of 20 century-Dr. B. R. Ambedkar. His role in emancipation of women, lower caste people, civil rights of untouchables, and downtrodden is well known. He dedicated his whole life fighting against the discrimination imposed by people of higher castes on lower castes. He believed that until society incorporate equality in caste, class, creed, gender, colour and ethnicity, true independence cannot be achieved. However, his role for gender justice and equality is generally underestimated. Limited people are acquainted with the fact that it is Dr. Ambedkar who for the first time, had initiate the uniform civil code bill in the constituent assembly for regularising the laws related to marriage, divorce, adoption and property which aimed to provide equal right and position to women. In present times, despite availability of various laws and acts for women rights and equality, justice for women in India is yet to be achieved. Various reasons are responsible for in-equal treatment to women. The paper highlights the advantage of having uniform civil code for women in India with reference to Ambedkar's ideology and his teachings.

In India discourse on gender justice is incomplete without mentioning great pioneer of 20 century-Dr. B. R. Ambedkar. His role in emancipation of women, lower caste people, civil rights of untouchables, and downtrodden is well known. He dedicated his whole life fighting against the discrimination imposed by people of higher castes on lower castes. He believed that until society incorporate equality in caste, class, creed, gender, colour and ethnicity, true independence cannot be achieved. However, his role for gender justice and equality is generally underestimated. Limited people are acquainted with the fact that it is Dr. Ambedkar who for the first time, had initiate the uniform civil code bill in the constituent assembly for regularising the laws related to marriage, divorce, adoption and property which aimed to provide equal right and position to women. In present times, despite availability of various laws and acts for women rights and equality, justice for women in India is yet to be achieved. Various reasons are responsible for in-equal treatment to women. The paper highlights the advantage of having uniform civil code for women in India with reference to Ambedkar's ideology and his teachings.

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

Jacques Berlinerblau's "Secularism: The Basics" asks how much and what kind of state separation from religion is required to secure the multiple notions of secularism that have come to dominate debates on faith in the global context. By organizing the book around a distinct set of issues, including questions about the meanings of secularism and its appearance in different contexts that benefit liberal democracy, Berlinerblau implicitly gives voice to the continuity of the tradition of secularism for a large segment of the academic field that has been evolving for the last three decades. While opposing secularism as a monocultural phenomenon, he grapples with the normative pre-definition of political secularism that refers to legally binding actions of the secular state that seek to regulate the relationship between itself and religious citizens and between religious citizens.

Let X be a non-complete code with a ÿnite deciphering delay. We prove that an uncompletable word w of length O(m 2 d 2) exists, where d stands for the delay and m stands for the length of the longest words in X. The proof leads to an explicit construction of w. This result partially resolves a conjecture proposed by Antonio Restivo in 1979.

One of the novelties of Book IX of the most recent achievement of European efforts aimed at harmonization of private laws, the Draft Common Frame of Reference, concerns the subjection of some types of consignments to secured transactions law. The paper endeavors to unearth, what main dilemmas are corollary to, and what factors may justify transplantation of a solution from a system based on 'functional approach'-Article 9 of the American Uniform Commercial Code-into a law predominantly still based on system thinking (legal dogmatism).

In 2017, the Nigerian National Assembly passed the Secured Transactions in Movable Assets Act (STMA), which is predicated on the theoretical underpinnings of Article 9 of the U.S Uniform Commercial Code (UCC Article 9), precisely its unitary-functional approach to secured financing. The STMA claims that its overall aim is to expand access to affordable credit especially for individuals and small businesses. Yet, despite this laudable ambition, certain provisions of STMA significantly betray its aim and objectives, mainly due to the reformers ostensible lack of a proper understanding of STMA's ancestry, i.e., the UCC Article 9 and its case law jurisprudence that has developed over a period of seven decades. One of STMA's defects which largely ignore the realities faced by most of the small businesses and individuals in need of credit financing, is its requirement of them to provide an insurance cover as a precondition for concluding a valid security agreement. Similarly, its private enforcement mechanism which requires an advance notice as well as the unwise involvement of the Nigeria Police in repossession of collateral is problematic: this could be a fertile ground for more cases of police brutality and corrupt practices. Through a doctrinal analysis, comparing the STMA provisions with those of UCC Article 9, the paper shows how certain provisions of the former are inimical to its overall aim and objectives. The paper also suggests transplantable solutions that are likely to assist Nigerian lawmakers in reforming this important legislation.

This Article examines the legal institutions and doctrines underlying the current intermediated system for the holding of securities in Mexico. Rather than revamping the legal framework governing intermediated securities, Mexico's legislature enacted several incremental changes in an attempt to align the framework with the practices and norms of the twenty-first century. These modifications were introduced without any coherent and consistent policy justifications, resulting in a framework inhospitable to transactions with intermediated securities, especially secured loans. This framework also has many gaps, such as in the area of conflict of laws, which makes it unsuitable for foreign investors. Given the recent successful efforts to modernize Mexico's secured transactions law and the filing system, as well as the ongoing digitization of the warehouse receipts system using distributed ledger technologies (Blockchain), it is surprising that very little attention has been paid to modernizing the intermediated securities system. In its future modernization efforts, Mexico should seriously consider the recommendations of the UNIDROIT Legislative Guide on Intermediated Securities, adopted in May 2017, to align with the best international standards. The Legislative Guide is based on the principles underlying the U.S. Uniform Commercial Code Article 8, which would make the Mexican securities market more attractive for U.S. investors and lenders.

In Vietnam, as a result of limited financial competence, it is quite normal for small and medium enterprises to acquire loans from credit institutions, mostly under pledge and mortgage agreements. With the purpose of fostering economic growth, it is, therefore, very important to help individuals and businesses gain access to credit and increase the credit availability for them. In order to do so, obviously the possibility of predicting the time and cost involved in the realization of their security rights should be clearly seen by creditors through clear and effective regulations on enforcement or particularly on the foreclosure of collateral. In fact, Vietnamese laws on secured transactions has recently been developed under the Civil Code 2015, adding two new security devices which are retention of title and retention of property. The new code also clearly distinguishing security devices which have the characteristic of personal rights and real rights as well as perfects the mechan...

Hindu minority and guardianship in Bangladesh holds significant cultural and legal implications. Guardianship implies recognizing parents as the natural guardians of Hindu minor children and outlines their authority over their education, upbringing, and property matters. Guardianship can also be granted to other relatives in case of the parents' absence or incapacity. However, it has been criticized for its gender bias, as it primarily favors the father's guardianship rights over the mother's. This has led to debates on the need for reform to ensure equal rights and representation for both parents.

India is a secular (Panthnirpeksha) democratic republic Rashtra. The Constitution of India guarantees equality to all the citizens irrespective of religions, gender, caste, and class differences. In this article I discuss about Article 44 of the Indian Constitution, which ensures the Uniform Civil Code. The government of India has done many efforts to implement the essence of the Uniform Civil Code in India. This code is related with the notion of equality. For example Hindu marriage Act 1955, Hindu Succession Act 1956 and the recently triple Talaq Bill were passed in parliament to ensure gender equality and democratic liberal principles. In this article, I will discuss why the Uniform Civil Code is necessary in India.

India is a secular (Panthnirpeksha) democratic republic Rashtra. The Constitution of India guarantees equality to all the citizens irrespective of religions, gender, caste, and class differences. In this article I discuss about Article 44 of the Indian Constitution, which ensures the Uniform Civil Code. The government of India has done many efforts to implement the essence of the Uniform Civil Code in India. This code is related with the notion of equality. For example Hindu marriage Act 1955, Hindu Succession Act 1956 and the recently triple Talaq Bill were passed in parliament to ensure gender equality and democratic liberal principles. In this article, I will discuss why the Uniform Civil Code is necessary in India.

The takeaway from the 1961 census data thus stands for 5.7 percent Muslims, 15.25 percent Adivasi and 20.4 percent Hindus are polygamous. Muslims had been the least polygamous since decades in India yet this vital fact has been kept away from public by media as well as academia for vested interests and communal polarization in the country. This also is an indicator that 20.4 percent constitutionally defined Hindus were found to be committing a crime as per HMA 1955, in 1961 census.

The latest NFHS – 5 data from 2019-2021 which was carried and thoroughly analyzed by all major print and digital media platforms shows that the prevalence of polygyny was 2.1% among Christians, 1.9% among Muslims, 1.3% among Hindus, 1.3% among Buddhists, 0.5 among Sikhs and 2.5% among other religious groups. Here again if we put together these handy figures of polygamy of the constitutionally defined Hindus (1.3 + 1.3 + .0.5 =) it stands to be 3.1%, the highest among all, even as per the latest NFHS 2019-2021. Legally this 3.1 and 2.1 (total 5.2) percent people are committing a crime, for they all come under the HMA 1955 and under Sections 494 and 495 of the Indian Penal Code (1860) which criminalized polygamy, but 1.9 percent Muslims are not, instead, they are legal under the Muslims Personal Law (Shariat) Application Act 1937!

License: CC BY 4.0; The following paper is an attempt at exposing the hidden agenda of the Uniform Civil Code (UCC) as it is supposed to be implemented by the BJP government in India. It starts with the experience of the domain of the externally threatened subjectivity and moves on to criticize the UCC by reflecting on its communal intentions, targeting solely the "other" Islamic Law. It goes on to focus on the intersectional issues of property-inheritance, gender question, caste dynamic, variegated food-habits, plurilingual situation etc. In doing so, it also throws light on the uncontradictory contradictions within the ambit of the "Hindu" umbrella, and how it prevents the "Hindus" from having any kind of uniformity for themselves. The author's semantic connotation of the term "UCC" is totally different from the Saffronized Hindutva's politico-religious construal of the same, aiming at the vote-bank politics.

The demand to replace the religion-based and customary personal laws with the progressive, uniform civil code has been there since the pre-independence era and persists even today. Along with it, the intricacies and complexities also remain visible from the days of constituent assembly debates to the present. It is often argued that various aspects of the personal laws dis-privilege women and hinder the realisation of national integration. The laws need to be disassociated from religion, and concrete steps toward complete uniformity in civil laws are immediately required to be taken, like we have in the criminal laws. On the other hand, its antagonists consider it to be an attack on the right to freedom of religion in general and personal and customary laws in particular. Along with it, they have their own set of arguments opposing the demand for UCC. In the present academic venture, an effort has been made to understand the meaning and concept of the UCC by looking into its notion ...

This academic paper explores the significance of a Uniform Civil Code (UCC) in India, as envisaged in Article 44 of the Constitution. It discusses the need for a common set of laws governing marriage, divorce, and inheritance to uphold the principles of equality, secularism, and democracy. By analyzing the importance of treating all citizens equally before the law, regardless of religion, caste, or gender, this paper advocates for the formulation, enactment, and implementation of a UCC to ensure the country's constitutional morality and uphold individual rights and dignity.