Uniform Civil Code: The need for change in Muslim Personal Laws

By Anuveeta Datta Chowdhury, University of Petroleum and Energy Studies, Dehradun.

The year 1947 marked the liberation of India from the yoke of the colonial domination. The period after independence witnessed (a) evolution of a new class, (b) the proclamation of the Indian constitution based on the principles of democracy and civil liberty; and (c) the formulation of a development policy based on egalitarian power equation. (more…)

Uniform Civil Code: Time to bring it into force?

By Kanishka Mishra, University of Delhi.

When Uniform Civil Code will get its flesh and blood, it will be a unified legislation combining personal laws of various communities of India and forming a singular law which would include provisions for marriage, divorce, inheritance, adoption, maintenance, property, succession and so on. As of now, Hindus and Muslims are governed by their respective personal laws, which though have transformed a lot after independence like abrogation of various social evils like sati, child marriage, widow re-marriage and amendment of various regressive provisions including inheritance law, but one can clearly see the backwardness and gender bias intrinsically imbibed in these and justified on the basis of religion. Today in the modern emerging economy, that India is, there is absolutely no place for these. (more…)

Uniform Civil Code: Still a dream for every Indian?

By Yukti Makan, Symbiosis Law School, Pune.

India is a unique country not only in terms of geography but also in terms of its social scenario. It is also a land of various cultures and different religions. The Indian culture believes in Unity in Diversity but unfortunately this Unity in Diversity has not helped to bring political unity in India.

Family law in India is predominantly based upon the religious personal laws of  several different communities which exist therein. The laws coming under the umbrella of religious personal laws governing family relations themselves are an amalgamation of customary laws which are interpreted by the courts and the codified personal laws which the legislatures have enacted. The application of personal laws to the respective communities is seen as an essential part of their religion and inherent in their freedom to practice and propagate their religion. (more…)

Uniform Civil Code: Towards Gender Justice

By Dishari Chakrabarti, School of Law, KIIT University.

Politics of our nation has become so ingrained in pacification with specific sections of the society that our fundamental right of free speech and expression cannot be protected by the State. As a consequence of this appeasement the level of tolerance has reduced and which resulted in complete disregard for the law of the country. (more…)