Interplay between the uniform civil code and the reform of religious personal laws

Tulsyan, Aryan (2022) Interplay between the uniform civil code and the reform of religious personal laws. ILE Human Rights Law Review (ILE HRLR), 1 (1).

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Abstract

This paper aims to analyse the possibility of the implementation of a Uniform Civil Code in India, and how could the reform of religious personal laws be modelled into a feasible enactment of a UCC. The paper is introduced in Chapter 1, where an explanation of the UCC is provided and the thesis is briefly discussed. In Chapter 2, the Constituent Assembly Debates on the UCC are studied closely, and the opinions of Ambedkar and other members are analysed for the purpose of contextualising the issue. In Chapter 3, the UCC, as proposed by the BJP is discussed, as this is the most recent political model available, and in Chapter 4 the various criticisms of the UCC is explained. Chapter 5 serves the purpose of understanding the way in which the judiciary would be capable of enacting a UCC, and also to study the judgements until now which demonstrate the way in which the judiciary has been successful in reforming religious personal laws for the sake of a UCC. Chapter 6 analyses the findings in Chapter 5 and talks about a probable model of a feasible modern UCC, and the way it could be enacted. The paper concludes its arguments with Chapter 7 and suggestions are provided. The paper succeeds in understanding how the UCC engages and interacts with the 104 INDIA CONST. art. 44. 105 INDIA CONST. art. 14. reform of religious personal laws, and how the latter could be a manifestation of the former.

Item Type: Article
Keywords: UCC | Religious Laws | Personal Laws | Reform | BJP | Constitution| Constituent Assembly Debates | Supreme Court
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 24 Sep 2022 10:31
Last Modified: 24 Sep 2022 10:31
URI: https://pure.jgu.edu.in/id/eprint/4625

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