Harmonizing diversity : Exploring the prospects of enacting a uniform civil code in India

Aggarwal, Madhur (2023) Harmonizing diversity : Exploring the prospects of enacting a uniform civil code in India. Indian Journal of Integrated Research in Law, 3 (2). pp. 276-282. ISSN 2583-0538

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Abstract

In this essay, the author discusses the concept of the Uniform Civil Code (UCC) in India, which aims to establish a single law that governs personal issues such as marriage, divorce, custody, inheritance, and succession, and replaces the diverse personal laws of different religions. The author argues that the UCC is necessary for achieving the objective of a uniform civil code throughout the territory of India, as envisaged in Article 44 of the Directive Principles of State Policy. The essay addresses concerns raised about the UCC being in conflict with the freedom of religion guaranteed under Article 25 of the Constitution, by stating that there is a clear difference between religious faith and belief and religious practices, and that the UCC aims to create uniform laws on matters of personal law rather than a uniform method of practicing religion. The essay cites several judicial pronouncements by the Supreme Court of India, which have emphasized the need for enacting the UCC. It also refutes the argument that the UCC will result in the imposition of religious practices of the majority on the minority. The a concludes that the UCC is an essential step towards achieving social equality and national integration, and the government needs to take necessary steps towards enacting it

Item Type: Article
Keywords: Uniform Civil Code (UCC) | India | Article 44 | Directive Principles
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 22 Nov 2023 18:58
Last Modified: 22 Nov 2023 18:58
Official URL: https://ijirl.com/wp-content/uploads/2023/04/HARMO...
URI: https://pure.jgu.edu.in/id/eprint/6938

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