Harmonizing Diversity: Analyzing the Prospects and Challenges of Implementing a Uniform Civil Code in India

  • Manju Sonkar
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  • Manju Sonkar

    Research Scholar at Faculty of Law, University of Allahabad, India

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Abstract

India, a country renowned for its extensive cultural diversity and inclusive society, has been engaged in a prolonged deliberation on the potential adoption of a Uniform Civil Code (UCC). The UCC aims to provide a uniform set of personal rules pertaining to crucial aspects such as marriage, divorce, inheritance, and property, applicable to all religious communities inside the nation. This research study explores the various complex aspects of the Uniform Civil Code (UCC) discourse in India, with the objective of offering a thorough examination of the potential benefits and obstacles linked to its enactment. The paper commences by doing an examination of the historical backdrop surrounding personal laws in India, with a focus on their origins in colonial legacies and religious traditions. The subsequent analysis examines the constitutional framework and judicial decisions that have shaped the discourse surrounding the Uniform Civil Code (UCC), placing particular emphasis on the imperative of establishing a legal system that is both secular and equitable. This research undertakes a comprehensive analysis of the current scholarly literature and empirical evidence to explore the socio-cultural and political factors that have influenced the discourse surrounding the Uniform Civil Code (UCC). The text elucidates the contrasting viewpoints held by different religious groups, proponents of women's rights, and legal scholars, thereby emphasizing the intricate intricacies of the matter. Moreover, the present research article undertakes an examination of international precedents and case studies pertaining to nations that have implemented unified civil codes. This endeavor aims to extract significant lessons and insights that can be applied to the specific circumstances of India. The study provides a comprehensive analysis of the potential advantages associated with the implementation of a Uniform Civil Code (UCC). These benefits encompass the facilitation of gender equality, the simplification of legal processes, and the mitigation of societal conflicts. Concurrently, it tackles the substantial obstacles that are of considerable magnitude, including apprehensions over cultural and religious self-governance, political opposition, and the imperative for meticulous legal formulation.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 1172 - 1192

DOI: https://doij.org/10.10000/IJLMH.115899

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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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