Uniform Civil Code in India: Impact On Its Implementation
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Keywords

Personal laws
Judicial Activism
Implementation
Contemporary Developments

How to Cite

Uniform Civil Code in India: Impact On Its Implementation. (2024). Journal of Law and Legal Research Development, 1(2), 30-33. https://doi.org/10.69662/jllrd.v1i2.12

Abstract

“Secularism is a religion, a religion that is understood. It has no mysteries, no mumblings, no priests, no ceremonies, no falsehoods, no miracles, and no persecutions” by Robert Green Ingersoll. The paper briefly talks about various aspects and the essentials of the Uniform Civil Code. The paper talks about concerning factors that gave rise to the requirement for the implementation of Uniform Civil Code. It mainly aims to replace Personal Laws based on the scriptures and customs of each major religion in India with a common set of rules governing every citizen. Personal Laws are distinguished from Public Law and it basically covers marriage, divorce, inheritance, adoption, succession and maintenance. The paper briefly deals about challenges to implementing the Uniform Civil Code and its pros and cons of Uniform Civil Code. The paper discusses about judicial activism involved in personal laws and judgments of the Supreme Court where the court has emphasis for the need for the implementation of Uniform Civil Code. The paramount objective of this paper is to understand the detailed concept of Uniform Civil Code i.e. its beginning, contemporary developments, advantages, disadvantages and Role of Judiciary. Thus, at last in the paper, critical analysis and conclusion has been provided. In the process of making this paper, several journals, books and articles were referred and taken into consideration.
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References

Agnes, F. (2007). The supreme court, the media, and the uniform civil code debate in India. The crisis of secularism in India, 294-315.

Dhagamwar, V. (1989). Towards the uniform civil code.

Ratnaparkhi, M. S. (1997). Uniform civil code: An ignored constitutional imperative. Atlantic Publishers & Dist.

Shetreet, S., & Chodosh, H. E. (2015). Uniform civil code for India: proposed blueprint for scholarly discourse. Oxford University Press.

Hazarika, R. (2010). Should India Have a Uniform Civil Code? Available at SSRN 1697580.

Constituent Assembly Debates, Vol. VIII, (1949)

Jain M.P., Indian Constitution Law 904 (5th Ed., Wadhwa and Company Nagpur New Delhi 2008) (196)

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Copyright (c) 2024 Ariffa K (Author)

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