Uniform civil code in india pdf. Uniform Civil Code For India Book Pdf Download 2022-10-28
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The Uniform Civil Code (UCC) is a proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen. The UCC has been a contentious issue in India, with various political and religious groups supporting or opposing it.
The idea of a UCC was first proposed by the Law Commission of India in its report on the Indian Penal Code in 1954. The commission recommended the adoption of a UCC in order to achieve uniformity and equality among citizens, regardless of their religion. The UCC was included as a directive principle in the Constitution of India, which means that it is not legally enforceable but serves as a guideline for the government to follow while framing laws.
The UCC has been a divisive issue in India, with many religious and political groups opposing it on the grounds that it would infringe upon their personal laws and religious freedoms. The Muslim community, in particular, has opposed the UCC, arguing that it would interfere with the Muslim Personal Law, which governs matters such as marriage, divorce, and inheritance. The Hindu nationalist Bharatiya Janata Party (BJP), on the other hand, has been a vocal supporter of the UCC, arguing that it is necessary to ensure equality and gender justice.
There have been several attempts to implement the UCC in India, but all have been unsuccessful. In 1986, the Supreme Court of India called for the establishment of a UCC, but the government did not take any action. In 2018, the government set up a committee to examine the feasibility of a UCC, but the committee has not yet submitted its report.
One of the main arguments in favor of the UCC is that it would help to eliminate discrimination and promote gender equality. Personal laws in India have often been criticized for being biased against women, particularly in matters such as divorce and inheritance. A UCC would provide a uniform set of rules that would apply to all citizens, regardless of their religion, which could help to reduce discrimination and promote equality.
However, opponents of the UCC argue that it would infringe upon the personal laws and religious freedoms of minority communities. They also argue that the UCC would be difficult to implement and could lead to conflict and social unrest.
In conclusion, the UCC is a complex and controversial issue in India. While it has the potential to promote equality and eliminate discrimination, it also raises concerns about personal laws and religious freedoms. The government will need to carefully consider the pros and cons of a UCC before deciding whether or not to implement it.
Uniform Civil Code For India Book Pdf Download
The Hindu laws got preference because of their relative ease in implementation, preference for such a Brahminical. Time has not blunted the edge of this debate. It is based on the premise that there is no connection between religion and law in modern civilization. Policy elites changed minority law only if they found credible justification for change in group laws, group norms, and group initiatives, not only in constitutional rights and transnational human rights law. This led to her husband appealing to the Supreme Court saying that he had fulfilled all his obligations under Islamic law. So, this book attempts to harmonize the threads of the debate to provide a holistic political analysis. It will help in bringing every Indian, despite his caste, religion or tribe, under one national civil code of conduct.
If particularistic demands do not conflict with basic individual liberty and dignity, they can and should be accommodated within the universalistic framework of citizenship. The possible way is for the Courts to urge the Government for its implementation. Rather the state has to create necessary conditions both through institutional mechanisms as well as through creating a democratic and egalitarian environment where those rights can be enjoyed. It does not negate religious sentiments but regressive dogmas that are not in consonance with harmony, justice, equity and good conscience. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.
Despite the trauma and suffering Muslim women undergo in India, despite their pleas, Muslim Personal Laws on polygamy yet retain this practice remaining uncodified and traditional in their content and approach. Cambridge, Massachusetts: Harvard University Press. Group-specific family laws are said to provide women fewer rights and impede policy change. For this, education, awareness and sensitisation programmes must be taken up. In perfect consonance with Islam where the famous examples of Jamila and Bariah whose marriages were dissolved by the Prophet at their instance, in spite of the fact that the husbands of both were anxious to continue the marital tie bears testimony to this fact.
Shodhganga@INFLIBNET: Uniform Civil Code in India Problems and Perspectives
About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. Noel Coulson; Doreen Hinchcliffe 1978. Evidence for this is apparent in the only Quranic verse dealing with polygamy which occurs only in connection with the protection and rights of orphans in Sura Nisa 4:3. More gender-equalizing legal changes are possible based on the same sources. She approached the courts and the District Court and the High Court ruled in her favour.
Â This article is an essay on the Uniform Civil Code in India. And, particularly how do post-colonial states respond to legally pluralistic regimes that they Inherit at the time of independence? Relevant Ayyats Have Been Quoted From The Quran Along With Various Judicial Verdicts, Vis-A-Vis The Reforms Made In Other Islamic Countries Of The World, Wherein Personal Laws Have Been Subjected To Suitable Change In View Of The Prevalent Local Conditions. Instead of using it as an emotive issue to gain political advantage, political and intellectual leaders should try to evolve a consensus. The differences of opinion are on its timing and the manner in which it should be realized. Over the years various directions have been issued by the Supreme Court for its implementation.
In a democracy, welfare as well as the conceptualisation of social justice are inseparable constituents. Introduction Currently, within the existing legal framework, there exists no uniform family-related law in a single statutory book for all Indians that is acceptable to all religious communities in India. Particularly, feminist movements, within all communities challenge discrimination at all levels. The right of the wife to initiate the proceeding cannot be denied. This will reduce the existing confusion and enable easier and more efficient administration of laws by the judiciary. These are some of the questions that this article will attempt to shed light upon by closely analyzing the Israeli and Indian states' responses to polycentric legal systems that they inherited at the time of their independence.
. Nevertheless, the points of consideration are several. Such implementation was ultimately left to the secular courts. Though the exact outlines of such a code are yet to be spelled out, progressive modern aspects from all existing personal laws will need consideration while disregarding those that are regressive. Throughout the country, there was a variation in preference for scriptural or customary laws because in many Hindu and Muslim communities, these were sometimes at conflict; such instances were present in communities like the Jats and the Dravidians.
This, besides halting vote bank politics indulged in during every election, will take India forward towards its goal of transformation and development. A committee formed for the fundamental rights held the proposal for the Uniform Civil Code to be part of the Directive Principles of State. But at the same time a liberal democracy is to ensure that individual rights are not jeopardised while safeguarding the minority rights. Analyzing the complex construction of rights within a communalized polity, this study attempts to transcend the ongoing debate on the implications of Muslim Personal Law in India and suggests additional policy directives aimed at empowering minority women. In our struggle for implementation of equality, cognisance of justice, incapacitating gender discrimination, rectification, and reform are the key. The changes in the laws of the religious minorities were unexpected, as conservative elites had considerable indirect influence over these laws. Some Muslims see this as part of an onslaught of Hindu domination over minorities.