Uniform Civil Code and Conflicts of Personal Laws

8 Pages Posted: 31 Jul 2020

See all articles by Riya Puniyani

Riya Puniyani

Chaudhary Charan Singh (CCS) University, IIMT College of Law

Date Written: July 4, 2020

Abstract

India is a secular state and nation, which means that it does not follow any religion for the country. In this paper we mainly talk about the concept of the uniform civil code and it’s legal perspective. It commences with the introduction to the Uniform Civil Code in which it defines the concept of the Uniform civil code and also discusses its origin. It refers to the common set of secular civil laws which will govern all citizens of India with no consideration of their Religion, Caste, language or Tribe. India has a common code for laws related to contract, transfer of property, penal laws and other civil laws which are independent of religion. The further areas of laws which will be governed under it are the personal laws related to Adoption and Maintenance, Marriage, Divorce and Inheritance and acquisition and Administration of property. In Part IV of the constitution, article 44 of Directive Principle Of State Policy(DPSP) Directs the state to make a Uniform Civil Code. In spite of the fact that these principles are non-enforceable yet are crucial in the administration of the nation. One such principle given under Article 44 of the constitution which makes an Obligation on the State to establish Uniform Civil Code. This paper discusses the relationship of the Uniform Civil Code with the Secularism and discusses the implementation of the Uniform Civil Code. It may lead to the disintegration of the nation and how this will lead to the break down of Peace and Harmony among the people. It also discusses the Uniform Civil Code and the constitutional guarantees. This paper also talks about the judgement and take of the Indian judiciary towards the Uniform Civil Code.

Keywords: Commences, Diverties, Acquisition

Suggested Citation

Puniyani, Riya, Uniform Civil Code and Conflicts of Personal Laws (July 4, 2020). Available at SSRN: https://ssrn.com/abstract=3643457 or http://dx.doi.org/10.2139/ssrn.3643457

Riya Puniyani (Contact Author)

Chaudhary Charan Singh (CCS) University, IIMT College of Law ( email )

India

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