Pendency of Uniform Civil Code

  • Dhaval Satish Vyas
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  • Dhaval Satish Vyas

    Registered Member and Licensed Advocate with the Bar Council of Maharashtra and Goa, India

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Abstract

What are Civil laws? It is nothing but an extension of the statutory, local, domestic, mu-nicipal laws in a civil society. This idea of civics, though is fairly new in the evolutionary history of any law. I would say it is, the modern fabric of society, as defined within the confines of a civilized society in a nation-state.Therefore it is an extension of a state by creating such rules in a codified manner to allow the continued existence of a society. The most basic laws are fundamental rights that emanate from the existence of a human-being, which is far superior to the national laws of a state of the domestic, civil laws within a state, such as statutory laws. However, if we make a distinction between public and private laws, we still find that civil laws can be a part of both because it revolves around the welfare of the same individual. The best example would be contract laws, property laws, and so on. There must be a dis-tinction between public and private laws. The public is a fictional concept created by the act of contractual agreement between the believers of an idea of a nation-state by way of agreeing amongst themselves to adopt and enact the constitution which shall drive all the other laws in the event of a dispute and judicial interpretation and ultimate arbitration by the courts of the land. In such a contextual reference whether the private laws(civil laws affecting personal rights of individuals) must be amended which is most akin to human rights irrespective of the national boundary, one is born into is the major question? Whether the precedential laws of the statutes or the customs overpower these inherent rights one is born with, I can say it can never. The civil laws though private are evolution-ary refinery and yet not fully public as to apply to everyone, uniformly to the last details. It is this distinction that can be maintained even when private civil rights are brought un-der the ambit of the broader public laws made into domestic state laws and its evolved personal laws are applied. In the event, if the private civil rights and the statutory pubic rights are against the very fundamental rights the public laws can be invoked simply by the rights of accession given by an individual when they have adopted unto themselves by way of implied contract, the constitution of India in the great nation-state called India the Bharat. Having created this background, we can further look into the application of a uniform civ-il code and why is it pending in India?

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Research Paper

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International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 405 - 420

DOI: https://doij.org/10.10000/IJLMH.112264

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