Uniform Civil Code in India
Keywords:
religious practices, personal lawsAbstract
The Directive Principles of State Policy are contained in Part IV of the Indian Constitution. Even though these principles are not legally binding, they are essential to the country's administration. Article 44 of the Constitution establishes a responsibility on the state to develop a Uniform Civil Code as one such directive principle. Since its inception, the Supreme Court has issued several directives for its execution. “Due to the over-politicization, however, this remains a pipe dream. There is no universal legislation for personal affairs such as marriage, divorce, adoptions and so forth in the lack of a single law. In their religious teachings and conventions, they provide for gender discrimination practises that are sanctioned by these rules.
References
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Abul Bashar Mohammad Abu and Noman Saeed Ahsan Khalid, ‘Uniform Family Code: An Appraisal of Viability in Pluralistic Bangladeshi Society’ (2011) 16 The Chittagong University Journal of Law.
Constituent Assembly Debates Official Report, Book No. 2, Vol. No. VII, ‘4 November 1948 to 8 November 1949’, Lok Sabha Secretariat, New Delhi, 5th Reprint 2009.
B. Shiva Rao, The Framing of India's Constitution vol 2 (1st edn, Universal Law Publishing Co. Pvt. Ltd. 2012) 206
Saeed Khan, ‘Stop Muslim Polygamy, its ‘heinously patriarchal’ says Gujarat High Court, pitching for a Uniform Civil Code’ The Economic Times (Ahmedabad, 6 November 2015)<http://economictimes.indiatimes.com/news/politics-and-nation/stop-muslimpolygamy
Bhadra Sinha, ‘SC to examine Muslim personal law, aim to end gender bias’ The Hindustan Times (New Delhi 28 October 2015) http://www.hindustantimes.com/india/sc-toexamine-muslim-personal-law-for-polygamy-triple-talaq/storyqpLYAycFxuLkHyvv8zCRTL. html
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