Authors
Divyanshi Gupta
Abstract
This paper focuses on the topic “UNIFORM CIVIL CODE: ONE NATION ONE LAW”. Article 44 of the Indian constitution states that “The state shall Endeavour to secure for the citizens a uniform civil code throughout the territory of India”. A Uniform Civil Code suggests the idea for having the similar civil rules for all peoples without consideration of belief, caste, etc. the aims of uniform civil to make the Indian legal system simple with homogenous society. In India earlier prevailed the personal laws for civil matters like Hindu personal laws and Muslim personal laws. India being a country with diversity there was a requirement of establishing a constant civil code which would prevail so there is uniformity in law of the land relating to civil matters. The need of uniform civil code was a matter of argument for a long time. Though criminal law was codified earlier to the civil code. Constant Civil Code manages the laws of civil which govern the citizens without any partiality at the level of religions, caste or regions. Personal status, Marriage and divorce, rights related to attainment and management of belongings and acceptance are covered under the civil code. Key Words: Constitutional provisions, Personal laws, Secularism
Introduction
The word ‘civil code’ refers to having the rights and laws related to belongings and private issues example wedding and separation, upkeep, adoption and inheritance.
According to situations, there are distinctive rules overseeing these viewpoints for various groups in India. In this way, the laws overseeing legacy or separation between Hindus considered as unique in relation to those relating to Christians and Muslims etc.
The interest for a constant code basically suggests the binding of all "individual laws" into one plan of mainstream rules which manages these angles that will put on all residents of India regardless of the group they have a place with. In spite of the fact that the accurate forms of such a constant code have not been signified, it ought to apparently fuse the most present day and dynamic parts of all current individual laws while disposing of those which are retrograde.
References
What’s a uniform civil code, the economic times, july 28
The Constitution of India, article 44
Need for uniform civil code in India, academike, December 27, 2014
Mohammad Ahmed Khan v. Shah Bano Begum AIR 1985 SC 945
Code of criminal procedure,1973, sec 125
Available at: http://www.lawctopus.com/academike/needuniformcivilcodeindia/
Sarla Mudgal v. Union of India AIR 1995 SC 153
Ms chitraloungani, uniform civil code, Aug 22, 2016
S.R. Bommai v. Union of India (1994)3 SCC 1
Constitution of India , art 25- 26
John Vallamattom v. Union of India AIR 2003 SC 2902
Sarla Mudgal v. Union of India AIR 1995 SC 1531
Available at: http://articles.economictimes.indiatimes.com/2003-07-28/news/27541538_1_uniform-civil-code-personal-laws-sarla-mudgal
Seema v. Ashwani Kumar AIR 2006 SC 1158
Vishwa Lochan Madan v. Union of India and others, (2014) 7 SCC 707
Ms ratnaparkhi, Uniform civil code : an ignored constitutional imperative
The constitution of India
Available at: https://www.scribd.com/doc/138371394/Uniform-Civil-Code
Available at: http://www.lawctopus.com/academike/needuniformcivilcodeindia/
How to cite this article?
APA Style | Gupta, D. (2019). Uniform Civil Code: One Nation, One Law. Academic Journal of Historical Studies, 1(1), 1-10. |
Chicago Style | |
MLA Style | |
DOI | |
URL |