Uniform Civil Code: Implementation and Challenges

  • Akanksha Tiwari
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  • Akanksha Tiwari

    Assistant Professor at Shri Ramswaroop Memorial University, Lucknow, India

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Abstract

Uniform Civil Code popularly known as ‘One Nation – One Law’ is defined in Article 44 of the Indian Constitution. It is the duty of the State to secure Uniform Civil Code for the citizens throughout the country. The Uniform Civil Code in India aim to safeguard vulnerable communities, including women and religious minorities, as envisioned by Ambedkar, while simultaneously fostering nationalistic fervor via unity. The main objective behind the UCC is to replace the different personal laws with a common set of rules governing every citizen. Personal Laws are distinguished from Public Law and it basically covers marriage, divorce, inheritance, adoption and maintenance. There is mainly three contextual issues related to Uniform Civil Code in modern India i.e., legitimacy, gender equality and majority v. minority. One of the main raised by opponents of the UCC is the potential impact on minority communities. Personal laws are deeply linked with the religious identity and practices of these communities. They argue that imposing a common civil code may dilute the unique rights protections enjoyed by minority groups and erode their cultural autonomy. Protecting minority rights and preserving their distinct practices is considered crucial in a pluralistic society like India.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1765 - 1773

DOI: https://doij.org/10.10000/IJLMH.115610

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