The Relevance and Need for a Uniform Civil Code in India vis-a-vis the Indian Personal Laws: A Comprehensive Study (Paper)
- Ritwik Guha Mustafi, Chirst University, Bangalore
- December 20, 2020
Content :
India is a diverse nation with multiple religions and languages. Such a diverse nation naturally has multiple codes and personal laws for governing the respective community’s personal issues related to marriage, divorce, inheritance, et cetera. One of the Directive Principles of State Policy in the Part IV of the Constitution of India is Article 44 that provides for a Uniform Civil Code for India. The proposal for a Uniform Civil Code for India to replace the existing personal law systems is a source of never-ending debates. The Indian Judiciary has, on many occasions, highlighted the need for a Uniform Civil Code and has directed the Government of India to take steps in this regard. The path to a Uniform Civil Code in India is fraught with several challenges since it is a sensitive topic. Some of these challenges pertain to the apprehension of majority community rule in India, the non-relation of current Uniform Civil Code provisions with gender equality issues, et cetera.
This paper focuses on the relevance of a Uniform Civil Code in India at present vis-à-vis the Indian personal law systems. The paper briefly examines the historical development of the Uniform Civil Code. The paper concisely analyzes some landmark Indian judicial pronouncements that addressed the issue of Uniform Civil Code. The paper also examines the challenges surrounding a successful adoption of a Uniform Civil Code for India and attempts to provide suggestions to resolve the same while keeping in view the current developments in India. The paper concludes that keeping in view the strained communal relations in India, a Uniform Civil Code with clear and properly revised provisions would be most suitable for the interests of India in the present situation.
Keywords: Uniform, civil, code, judiciary, revised, India.
