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Uniform Civil Code - : National Law Institute University, Bhopal

This document is an introduction to a paper on the Uniform Civil Code in India. It provides background on the current system of personal laws in India, noting that different religious communities have their own laws governing marriage, divorce, and inheritance. This has led to a complex maze of different family laws. The introduction discusses Article 44 of the Indian Constitution, which calls for the state to establish a Uniform Civil Code. The stated research objective is to identify the key factors for needing a Uniform Civil Code and determine its merits. The hypothesis is that a UCC can balance fundamental rights protection with religious practices. The methodology will involve doctrinal research using library resources and the internet. The paper will then cover an overview of the UCC, its constitutional

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56 views4 pages

Uniform Civil Code - : National Law Institute University, Bhopal

This document is an introduction to a paper on the Uniform Civil Code in India. It provides background on the current system of personal laws in India, noting that different religious communities have their own laws governing marriage, divorce, and inheritance. This has led to a complex maze of different family laws. The introduction discusses Article 44 of the Indian Constitution, which calls for the state to establish a Uniform Civil Code. The stated research objective is to identify the key factors for needing a Uniform Civil Code and determine its merits. The hypothesis is that a UCC can balance fundamental rights protection with religious practices. The methodology will involve doctrinal research using library resources and the internet. The paper will then cover an overview of the UCC, its constitutional

Uploaded by

Ajay Sharma
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

CONSTITUTIONAL LAW

UNIFORM

CIVIL CODE - AN URGENT


REQUIREMENT

SUBMITTED BY:
SATYENDRA SINGH BARAHDIA

SUBMITTED TO:
PROF. RAJIV KHARE

INTRODUCTION India has multiplicity of family laws. The Christians have their Christians Marriage Act 1872, the Indian Divorce Act, 1869 and the Indian Succession Act, 1925. The Jews have their uncodified customary marriage law and in their succession matters they are governed by the Succession Act of 1925. The Parsis have their own Parsi Marriage and Divorce Act, 1936, and their own separate law of inheritance contained in the Succession Act which is somewhat different from the rest of the Succession Act. Hindus and Muslims have their own separate personal laws. Hindus law has by and large been secularized and modernized by statutory enactments. On the other hand Muslim law is still primarily unmodified and traditional its content and approach. The family law is partly statutory and partly non-statutory. The present-day family law is thus a maze. There is no lex loci in India in matters of marriage, succession and family-relations. Thus is very confusing. With a view to achieve uniformity of law, its secularization and making it equitable and non-discriminatory, the Constitution contains Art.44 of the Directive Principles of State Policy which runs as follows; The State shall endeavor to secure for the citizens a code throughout the territory of India. uniform civil

STATEMENT OF PROBLEM India requires the State to strive to secure for its citizens a Common Civil Code throughout India as enshrined in Article 44 of the constitution or there exist any other alternative to it.

RESEARCH OBJECTIVE To identify the key factors responsible for the need of Uniform Civil Code. To determine the merits of the Uniform Civil Code.

HYPOTHESIS The UCC would carve a balance between protection of fundamental rights and religious dogma of individuals.

RESEARCH METHODOLOGY The researcher has adopted a purely doctrinal method of research and has made extensive use of the resources available at the library at NLIU, Bhopal. The researcher has also referred to several internet resources in his endeavor.

LITERATURE REVIEW

RESEARCH SCHEME

1.

UNIFORM CIVIL CODE: AN OVERVIEW

2. THE COMMON CIVIL CODE: CONSTITUTIONAL ASPECT

3. MERITS OF UNIFORM CIVIL CODE 4. APPROACH OF THE JUDICIARY 5. SECULARISM v\s UNIFORM CIVIL CODE 6. COMMON CIVIL CODE: NEED OR NO NEED CONCLUSION

BIBLOGRAPHY

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