An Analysis on the Personal Laws and Constitutional Challenges of the Uniform Civil Code in India

  • Subhajit Samanta
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  • Subhajit Samanta

    Student at Bikash Bharati Law College (University of Calcutta), India.

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The Uniform Civil Code is a single code which applicable for all the citizens of our country in personal matters such as marriage, divorce, adoption, maintenance and guardianship. Article 44 of the Constitution of India confers "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India". Although, India has many religious law practices such as hindu marriage act which is merely applicable for Hindus and the term "Hindu" included along with the Sikhs, Jains and Buddhists. Besides, the Muslim personal laws are based on their religious texts such as the shariat application act and dissolution of muslim marriage act which are merely applicable on the muslim and Indian christians have the Indian christian marriage act where Parsis are subject to the parsi marriage and divorce act. Nevertheless, there have some "Secular" laws which are applicable for all the citizens irrespective of their religion and caste such as the special marriage act, guardianship and wards act, juvenile justice care and protection of children act, etc. However, Goa is the merely one state in India which has a UCC which is applicable upon the citizens of the state irrespective of their caste and religion. Though, this paper aims to evaluate on the personal laws in India and its various practices in social institutions as well as Constitutional challenges of the implementations of the UCC.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 5, Page 2320 - 2332


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