Legal Pluralism and the Politics: A Study

  • Ketan Dayal
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  • Ketan Dayal

    LL.M Student at Chanakya National Law University, India

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Abstract

Pluralism has always been prevalent in India. It has been a center of symbiotic coexistence of varied kinds of life in terms of social, cultural, religious, and legal phenomena ever since the British-run states and the princely state came under the single flag of being recognised as "India." The very practical methods of the land have been the acceptance and coexistence of these varied populations. The term "legal pluralism" refers to the nation's faith-based pluralist system, which aims to incorporate long-standing, widely accepted religious or communal customs. It refers to the various sources of law that can be recognised as both state and non-state in order to meet the demands of various communities, such as the personal laws of various communities living in India. At this point in the concept of legal pluralism's development and acceptance, it is possible to express the hope that growing awareness of its benefits will ultimately help to improve our overall understanding of law and the interrelationship between law and society in all legal systems, whether or not they have a colonial history. We might also define legal pluralism as an approach for incorporating the demands of every community into the legal framework. Hindu law is specifically used to resolve family issues and is a component of the larger Indian legal system. Since it covers Sikhs and Buddhists, it is arguably more inclusive than Mohammedan law. The Indian Divorce (Amendment) Act 2001's provisions for Christians on divorce, separation, maintenance, and adoption were changed to more closely resemble those in Britain as Christian Law has come to be recognised as a plural jurisdiction since the 2000s, resulting in a highly interconnected system of laws. In this paper, we will also compare the idea of a uniform civil code to the current system.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 2151 - 2164

DOI: https://doij.org/10.10000/IJLMH.114638

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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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