Exploring the Uniform Civil Code: From Historical Roots to the New Code in Uttarakhand

  • Dr. Ashok Kumar and Abhishek Kumar
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  • Dr. Ashok Kumar

    Professor at School of Law and Governance, Central University of South Bihar, Gaya, Bihar, India

  • Abhishek Kumar

    Research Scholar at School of Law and Governance, Central University of South Bihar, Gaya, Bihar, India

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Abstract

After independence, Uttarakhand became India's first state to enact and implement a Uniform Civil Code (UCC) for its residents. Article 44 of the Constitution of India, a directive principle of state policy, incorporates the unequivocal intention of the Constitution maker “to secure for the citizen a Uniform Civil Code throughout the territory of India.” Although the UCC of Uttarakhand is not applicable throughout the territory of India, it is a crucial law and serves as a blueprint for a UCC for the entire country. The goal of the Code of Uttarakhand is to establish a uniform personal law that applies to all residents of Uttarakhand, regardless of their religion. This article seeks to explore the journey of codifying personal law in India, underscoring the hurdles in implementing a Uniform Civil Code across the country. What were the concerns of the British and the Constituent Assembly? The article also highlights the pros, cons, and salient features of the Uniform Civil Code in Uttarakhand in 2024. What could the future path look like regarding personal law?

Keywords

  • Uniform Civil Code
  • Personal Laws
  • Legal pluralism
  • Live-in-relationship
  • Fundamental right

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 4, Page 1534 - 1542

DOI: https://doij.org/10.10000/IJLMH.1110576

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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.

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