India needs a uniform civil code to prevent conflicts between personal laws and promote secularism
Keywords:
Uniform Civil Code, Personal Law, Secularism, Judicial InterventionAbstract
The paper seeks to discuss those aspects of the Uniform Civil Code that have not been discussed to a greater extent in the past. Uniform Civil Code is an unfinished task in the hand of the legislature, but at present time the political parties and activists have come out in support of it, and the Uniform Civil Code remains a distant dream. The paper seeks to discuss the reasons which have caused delays in the adoption and implementation of the Uniform Civil Code and analysis the internal conditions to determine whether they are conducive to having a Uniform Civil Code or not? Moreover, the discussion regarding India is a secular country in the true sense, which means it does not follow any religion in the country. In this paper author talks about the concept of the Uniform Civil Code and which refers to the common set of secular civil laws which will govern all citizens of India without no consideration of their Religion.
Downloads
References
Constituent Assembly Debates (Proceedings), Vol. VII, Tuesday, Nov. 23, 1948.
Pandey, J.N., “Constitutional Law of India.”
Parminder Kaur, “Personal Laws of India vis-a-vis Uniform Civil Code: A Retrospective and Prospective Discussion, “ www. law mantra.co.in
Dhagamwar, Vasudha, and Indian Law Institute. Towards the Uniform Civil Code. 1989.
Kumar, Ajay. Uniform Civil Code: Challenges and Constraints. 2012. 5. Parashar, Archana. Women and Family Law Reform in India: Uniform Civil Code and Gender Equality. 1992.
Ratnaparkhi, M. S. Uniform Civil Code: An Ignored Constitutional Imperative. Atlantic Publishers & Dist, 1997.
Mahmood Tahir, Muslim Personal Law: Role of the State in the Subcontinent, pp. 1-2 (1977).
Pratishtha Yadav, “Personal Laws vs. Need of Uniform Civil Code in India,” Journal of Advances and Scholarly Research in Allied Education
Krishnadas Rajagopal, “What is the debate on Uniform Civil Code all about?” September 08, 2018
Werner Menski, 'The Uniform Civil Code Debate in Indian Law: New Development and Changing Agenda' (2008) 9(3) German Law Journal, at 212-213.
Smriti Kak Ramchandran, "BJP, RSS hope for consensus on Uniform Civil Code", The Hindu, 22nd August 2020
Pavlov Upadhyay, “Uniform Civil Code around the World,” Lex Insider, December 4, 2015.
Kumari A. K., “In the absence of Uniform Civil Code, Special Marriage is the best alternative for women,” SSRN, January 12, 2007
Mohd Ahmed Khan v. Shah Bano Begum
S. R. Bommai v. Union of India
Sarla Mudgal v. Union of India
John Vallamattom v. Union of India
Lily Thomas, Etc. Etc. vs Union of India & Ors.
State of Bombay vs. Narasu App Mali
Danial Latifi and Another vs. Union of India
“Uniform Civil Code (UCC): who said what,” Times Now Bureau, October 16, 2016
Sachdev, Akasha, “UCC, Citizenship, Article 35A/370: BJP’s Manifesto Light on Legal Reform,” The Quint, April 8, 2019
Mathew, C. K., “Uniform Civil Code: the importance of an Inclusive and Voluntary Approach,” The Hindu Centre, October 26, 2019
Goyal, Shikha, “What is Uniform Civil Code?” Jagran Josh, August 5, 2020
Smriti Kak Ramachandran, "BJP, RSS hope for consensus on Uniform Civil Code", The Hindu, 22nd August 2020
Published
How to Cite
Issue
Section
Copyright (c) 2022 International journal of health sciences
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Articles published in the International Journal of Health Sciences (IJHS) are available under Creative Commons Attribution Non-Commercial No Derivatives Licence (CC BY-NC-ND 4.0). Authors retain copyright in their work and grant IJHS right of first publication under CC BY-NC-ND 4.0. Users have the right to read, download, copy, distribute, print, search, or link to the full texts of articles in this journal, and to use them for any other lawful purpose.
Articles published in IJHS can be copied, communicated and shared in their published form for non-commercial purposes provided full attribution is given to the author and the journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
This copyright notice applies to articles published in IJHS volumes 4 onwards. Please read about the copyright notices for previous volumes under Journal History.
