Navigating the Complexities of Implementing a Uniform Civil Code in India: A Historical and Comparative Analysis

  • Saurav De
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  • Saurav De

    Ph.D. Scholar at Department of Law, University of Calcutta, India

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Abstract

The concept of a Uniform Civil Code (UCC) in India has been a subject of intense debate and discussion since the pre-independence era. The UCC aims to replace the diverse personal laws, based on religious scriptures and customs, with a common set of laws governing every citizen. This research paper delves into the historical evolution and development of the idea of a UCC in India, tracing its origins to the colonial period and examining its inclusion in the Constitution of India as a Directive Principle of State Policy. This research paper further explores the contentious debates in the Constituent Assembly and the varying perspectives of different communities on the UCC. Through a comparative analysis, this research paper highlights the implementation of uniform civil laws in other countries and their impact on societal cohesion and legal uniformity. The role of the judiciary in India, particularly the Supreme Court, in advocating for the UCC and addressing conflicts arising from personal laws is critically examined. This research paper also presents the unique case of Goa, which operates under a uniform civil code inherited from Portuguese law, and assesses its feasibility as a model for the rest of India. In conclusion, this research paper offers recommendations for gradually implementing a UCC in India, emphasizing the need for a balanced approach that respects religious freedoms while promoting national integration and gender equality. The recent legislative developments in Uttarakhand are discussed as a significant step towards realizing the long-standing goal of a UCC in India.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 2, Page 1516 - 1539

DOI: https://doij.org/10.10000/IJLMH.117217

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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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