- Civil Engineering
UNDERSTANDING UNIFORM CIVIL CODE: ITS NEED AND CHALLENGES
- Russian Law Journal 11(1S)
- CC BY-NC-ND 4.0
- This person is not on ResearchGate, or hasn't claimed this research yet.
Discover the world's research
- 25+ million members
- 160+ million publication pages
- 2.3+ billion citations
- Werner Menski
- B Chatterjee
- Recruit researchers
- Join for free
- Login Email Tip: Most researchers use their institutional email address as their ResearchGate login Password Forgot password? Keep me logged in Log in or Continue with Google Welcome back! Please log in. Email · Hint Tip: Most researchers use their institutional email address as their ResearchGate login Password Forgot password? Keep me logged in Log in or Continue with Google No account? Sign up
Uniform Civil Code in India: A Constitutional Perspective and Ongoing Debate
Posted: 29 Sep 2023
Keshav Patel
Independent
Date Written: September 10, 2023
According to the Constitution of India, Article 44 is a directive principle of the state policy which profoundly elucidates about ‘Uniform Civil Code’. It mentions that state shall enterprise to secure for the citizens a Uniform Civil Code all through the territory of India. The thought of a Uniform Civil Code purposes to supplant subjective laws based on the customs and ethnicities of different religious societies with a mutual set of decrees governing marriage, inheritance, divorce and other particular staples. The objective behind this establishment is to endorse gender social justice, equality and an integrated lawful outline for all citizens. In the considerate understanding of Article 44, it is also important to understand that Article 44 is not enforceable by the court, as it’s a directive principle of state policy. It is the responsibility of the state to strive towards the enactment of uniform civil code but the actual enactment of such a code is subject to political determination and unanimity among various stakeholders. Though it seems very simple to talk about uniform civil code, but it is a very tedious task to implement uniform civil code. As India is a diversified land which is a unification of many religions, communities, castes, belief system. So, the topic of uniform civil code is a matter of debate and controversy in India. There is different thought process among various segments of society regarding uniform civil code, one section of society thinks it will promote secularism and uniformity among citizen and others argue that it will a big concern for probable breach on individual laws and sacred freedoms, as Indian society is diverse. Though Supreme Court of India at various instances and multiple occasions have stated about the need for Uniform Civil Code and need for enactment of uniform civil code, as Supreme Court has always advocated for common set of laws to uphold the values of gender rights, equality and justice. There have been multiple cases related to Uniform Civil Code (UCC) in the Indian Judicial System where has been a topic of debate and litigation and at various places, cases have been brought before the court regarding its implementation and constitutionality. In Shah Bano Begum v. Union of India (1985) case, it dealt with the issue of maintenance for divorced Muslim women. In this case Supreme Court clearly stated that Muslim women are entitled to maintenance under section 125 of the Criminal Procedure Code, regardless of the personal law overriding their marriages. This case glimmered the nationwide deliberation on the prerequisite of uniform, civil code. Another case which sparked the need of uniform civil code was Sarla Mudgal v. Union of India, in which the Supreme court dealt with the issue of bigamy and conversion to Islam for the purpose of contracting a second marriage. The court clearly stated that a Hindu husband cannot sanctify a second marriage while his first marriage still exists, even after converting to Islam. This case emphasized the necessity for a uniform civil code to discourse subjects related to marriage and personal laws. It is significant to note that while the courts have made annotations and commendations concerning the application of a uniform civil code, they have also recognized the intricacies and sensitivities involved. The courts have highlighted the necessity for a composed, sensible and measured approach, taking into account the varied sacred and social practices in India.
Keywords: Uniform Civil Code, Muslim Rashtriya Manch, Social Media,Constitution of India
Suggested Citation: Suggested Citation
Keshav Patel (Contact Author)
Independent ( email ), do you have a job opening that you would like to promote on ssrn, paper statistics, related ejournals, comparative & non-u.s. constitutional law ejournal.
Subscribe to this fee journal for more curated articles on this topic
India Law eJournal
Legal anthropology: laws & constitutions ejournal.
IMAGES
COMMENTS
The Need of Uniform Civil Code and Its Utility with Special Reference to Constitutional Provisions: Researcher: Yadav Sandip Digambarrao: Guide(s): Auradkar J. B. and More V. M. Keywords: Law Social Sciences Social Sciences General: University: Swami Ramanand Teerth Marathwada University: Completed Date: 2022: Abstract: newline:
Uniform Civil Code And New Challenges A Socio Legal Study With Reference To India: Researcher: Anwar Khan: Guide(s): Sunil Asopa: Keywords: Law Social Sciences Uniform Civil Code, Religion, Directive Principle of State Policy, Judicial Trend: University: Jai Narain Vyas University: Completed Date: 2021: Abstract: newline: Pagination: URI:
Shodhganga : a reservoir of Indian theses @ INFLIBNET. Shodhganga. The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. xviii, 443p.
Uniform Civil Code has been kept unattended since long which has made India suffer. Hence, this article discusses the need for the same. (Hazarika) In this book, the author is of th e opinion that uniform civil code is an ignored concept which must be revived and debated upon. The author insists that it is high time that importance is given to ...
owards a Uniform Civil Code in India: Challenges, Prospects, and Stakeholder Perspectives"Dr. Pardeep Inder. stant Professor (Guest Faculty), Department of Law, Punjabi University, Patiala.Abstract:The debate surrounding the implementation of a Uniform Civil Code (UCC) in India has been a lo. gstanding and contentious issue, reflecting diverse ...
The application of a Uniform Civil Code in contemporary India is a complex and contentious issue that involves balancing principles of equality, justice, religious freedom, and cultural diversity. While there are arguments both in favor of and against its implementation, the debate continues to shape the legal and social landscape of the country.
Shambhavi, (2017), "Uniform Civil Code: The Necessity And The Absurdity". 2. Sharma, Sharda Girijesh, (2008), "Uniform Civil Code and Adoption Laws in India." SSRN Electronic Journal. 3. Shetreet, Shimon, and Hiram E. Chodosh (2015), Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse. Oxford University Press,
Uniform civil code and constituent assembly debates As referred before, UCC was originally encapsulated in article 35 of the Draft Constitution. There was a demand to add a proviso in article 35 which would make the UCC, whenever it would have been enacted, not obligatory in nature and personal laws be kept out ...
The A rticle 44 of the Indian C onstitution requir es that the "State shall endeavour to secure for its. citizens a uniform civil code throughout the territory of India". The said article i s ...
17. Uniform Civil Code and its Constitutional Apparatus ..... 267 Nithya C. & Sera Rose Geor ge CASE COMMENTS 18.Maintenance under Muslim Personal Law in Light of Danial Latifi v. Union of India - The Need for a Uniform Civil Code ..... 281 Varnika Chawla 19. Uniform Civil Code and Adoption Laws: A Case Comment on
The thought of a Uniform Civil Code purposes to supplant subjective laws based on the customs and ethnicities of different religious societies with a mutual set of decrees governing marriage, inheritance, divorce and other particular staples. The objective behind this establishment is to endorse gender social justice, equality and an integrated ...
Uniform Civil Code (UCC) for the country. The argument advanced in support of a UCC is that it will further strengthen Indian nationalism and shall also make a great impact in addressing gender inequality, which is very often considered to be the product of archaic personal laws prevailing in the country.
s to the notion of equality, secularism and justice. The concept of a Uniform Civil Code (UCC) emerges as a potential solution to harmonize legal. ractices across religious communities within nation. Uniform civil code, referred to as "One Nation One Law", proposes a single set of laws governing civil matters such as marriage, divorce ...
The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. Shodhganga@INFLIBNET. Kurukshetra University. Department of Law.
Uniform Civil Code: onal and Judicial PerspectiveDr. Yadwinder Singh*AbstractIn a country of a million customs and communities like India, personal law have croppe. up as one of the key factors of conflict among the people. The requirement for a Uniform Civil code in India has been debated and argued several times and it still remains one among ...
Uniform Civil Code. It discusses about the problems Country is facing nowadays and differential treatment of citizens, owing to their personal laws. India is a multi-religious and multi lingual country that is divided on many facets, yet united by nationalist spirit. All people are today governed by their personal laws with respect to marriage ...
1940 - The Idea of Uniform Civil Code is born The idea of Uniform Civil Code was tabled by the National Planning Commission (NPC) appointed by the Congress. There was a subcommittee who was to examine women's status and recommends reforms of personal law for gender equality. 1947 - Question of UCC as a Fundamental Right
1.3ResearchObjectives 1. ToUnderstandthehistoricalbackgroundandconversionalcircumstancesinfailureofimplementationof UniformCivilCode(UCC)inIndia.
Research Paper on an Analytical Study on Uniform Civil Code in India Rudraksh Chandrayan LLM (CL) 2022-2023, A0342622015 INTRODUCTION The concept that is being noted in this dissertation is of the UCC and its legal dimensions. The number one essence of the UCC is examined in this challenge.
Uniform Civil Code in its accurate sense, then it would undoubtedly cover areas like marriage ceremonies, divorce, maintenance, inheritance, adoption and succession of the property in one uniform code, but in this condition the question is difficult to answer that, whether diversity in personal laws can also get protected by establishing ...
heritance, Gender EqualityINTRODUCTIONUniform Civil Code (UCC), defined in Indian Constitution under Article 44 of the Directive Principles of the State Policy states that it is the duty of the state to secure Uniform Civil Code for the r. sidents throughout the region of India. In other words, it stands for "One Nation- O.
oncept 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 an. 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 al.
Shodhganga : a reservoir of Indian theses @ INFLIBNET. Shodhganga. The Shodhganga@INFLIBNET Centre provides a platform for research students to deposit their Ph.D. theses and make it available to the entire scholarly community in open access. Shodhganga@INFLIBNET.