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Uniform Civil Code (UCC) - A Roadmap To Achieve Gender Justice In India




Pragya Bhatnagar


Introduction


The uniform civil code in India refers to the proposal of having a common set of laws that would apply to all citizens, regardless of their religion, for matters like marriage, divorce, inheritance and adoption. Currently, India has different personal laws for different religious communities. For example, Hindus, Muslims, Christians, and other groups follow their own religious laws for personal matters.


The idea of uniform civil code is mentioned in Article 44 of the Indian constitution, which is part of directive principle of state policy. However, it has not been implemented yet, mainly due to concerns over religious freedom and the belief that it could infringe on personal and religious rights.


Supporters of the UCC argue that it would promote equality, justice, and national integration by removing disparities between religious communities. On the other hand, critics argue that it could undermine religious diversity and be seen as an imposition on various communities’ practices and beliefs.


The debate around the UCC is complex, touching upon the issues of secularism, social justice, and minority rights in a pluralistic society like India.


Historical background of the Uniform Civil Code


Uniform civil code during the British rule-


During the British rule in India, the concept of a uniform civil code was not fully realized, but there were attempts to introduce legal reforms that aimed at standardizing certain aspects of personal law, especially for Hindus. British colonial administrators were focused on consolidating their control over the subcontinent and creating a uniform legal framework. However, the approach they took was a combination of codifying certain laws for some communities while allowing others to continue practicing their traditional personal laws.




Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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