ISSN 2581-5369
HeinOnline, MANUPATRA, Google Scholar Indexed
Uniformity in Civil Code: Desirability and Challenges
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Dr. Sonal Shankar
Associate Professor at Department of Law, University of Allahabad, Prayagraj, Uttar Pradesh, India
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Garima Singh
Research Scholar at at Department of Law, University of Allahabad, Prayagraj, Uttar Pradesh, India
Abstract
The issue of adoption and implementation of uniform or common civil code (UCC) has generated a lot of conflicts and debates and has been politicized by the Indian society in such a way that it has become a complex problem which yields no easy solutions. The present paper explains the origin, concept and need of the UCC. It also analyses the debates of the constituent assembly, which preceded the constitutional form given to the UCC. It also charts the judicial response to the concept along with the analysis of legislative deliberation of a UCC in Uttarakhand. The article offers an insight in the arena of gender discrimination due to diverse personal laws. It also dwells in the model drafts aimed at substantive equality and offers a jurisprudential critique of the concept.
Keywords
- Uniform civil code
- Gender equality
- Personal laws
- substantive equality
Type
Research Paper
Information
International Journal of Law Management and Humanities, Volume 9, Issue 1, Page 908 - 927
DOI: https://doij.org/10.10000/IJLMH.1111296Creative Commons
This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
Copyright
Copyright © IJLMH 2021