Dreaming a civil code: Envisioning the possibilities and futilities of uniform family law

Rishi, Shriram (2021) Dreaming a civil code: Envisioning the possibilities and futilities of uniform family law. Nyaayshastra Law Review, 2 (1). pp. 1-11. ISSN 2582-8479

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The talk of a ‘uniform civil code’ has been part of Indian legal discourse for decades, with no solution to the various contradictions that exist in personal laws and family law at large. It is imperative to understand the historical context of why such a code is not necessarily uniform in nature but functions as a homogenizing tool that may upstage cultural practices of minorities. The argument may also center around the law giving primacy to either secularism and continuing with the current trend of divergent personal laws or to focus on gender justice due to the inherent
patriarchal nature of some of those laws, thus upholding a demand for uniform gender-positive legislation. This paper attempts to bust such arguments and present a thesis on why successful uniform legislation is not possible at this point in Indian history while also attempting to offer a roadmap towards a future where uniform legislation becomes an accepted form of family but not due to the imposition of a majoritarian regime but through gradual social change where it may be readily accepted by all while still preserving the integrity of minority cultures. India, after all, is a nation of diversity and a singular civil code must acknowledge that to be a successful legislation.

Item Type: Article
Keywords: Uniform civil code | Indian legal discourse | Family law
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 15 Mar 2022 13:34
Last Modified: 15 Mar 2022 13:34
Official URL: https://doi.org/10.17613/0y0h-as37
URI: https://pure.jgu.edu.in/id/eprint/1649


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