Uniform Civil Code: Analysing The Discrepancies In Marriage Pertaining To Hindu And Muslim Personal Law
- IJLLR Journal
- 7 days ago
- 1 min read
Aman Kapoor & Samridh Chaturvedi, Christ University, Bangalore
ABSTRACT
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.” UCC aims to bring changes in primarily three areas of personal laws i.e.; marriage, property rights and inheritance, this paper intends to clear the perplexity regarding changes UCC would bring in personal laws. This paper employs a comprehensive and multidisciplinary approach, incorporating legal and social perspective to contextualise the discrepancies in personal law through a qualitative analysis of the conundrum the government may encounter while implementing Uniform Civil Code (UCC). It is important to note that Uniform Civil Code will not affect the customary practices of different religions rather it aims to thwart regressive religious practices. This paper starts by introducing UCC from perspective of different stakeholders including the 21st Law Commission report while highlighting the rationale behind their views and its relevance in the present scenario. The objective of this paper is to highlight the major discrepancies relating to marriage under Hindu and Muslim personal laws on subject matters like sapinda relationships and polygynous marriages. For instance, Hindu Marriage Act (1955) does not permit marriage under Sapinda relationships while the Muslim law permits marriage with first cousin. Further, this paper intends to give solution to the conundrum that the government would face while implementing UCC in order to balance the ambiguities.
Keywords: Uniform Civil Code, Uniformity, Personal Laws, Discrepancies, Implementation
