Uniform Civil Code: A Fundamental Necessity

  • Nitin Mahendra Maurya
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  • Nitin Mahendra Maurya

    Student at Thakur Ramnarayan College of Law, Mumbai, India

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Abstract

India is a country with the 2nd highest population in the world split by religion and each religious community in India has different particular Personal laws. India follows British- period laws such as Muslim Personal Law, Hindu Personal Law, Parsi Marriage and Divorce Law, and Christian Marriage Law. The country relies on social-period laws to regulate matters such as divorce, custodianship, relinquishment, and heritage, including marriage, divorce, alimony, property heritage, and relinquishment. The UCC intends to replace Personal laws presently in force that apply to different communities and conflict with each other. These laws include Hindu Marriage Act, Hindu Law Succession Act, Indian Christian Marriage Act, Indian Divorce Act, Parsi Marriage and Divorce Act, and Muslim Marriage Act. The Uniform Civil Code has three main issues validity, gender equivalency, and maturity versus nonage. The individual rights approach is perceived to be problematic, offering different laws to members of different religious groups and manhandling women compared to men. The Constitution of India provides for the enforcement of the Unified Civil Code in India. Pursuant to the vittles of Composition 44 of the Constitution of India, the principles guiding public policy state that it's the duty of the State to prepare a single civil law for all citizens of India, the purpose of which is, is the private law and unified civil law of all communities in India, also known as “ One Nation- One Law ”. This study deals primarily with the Uniform Civil Code and its requirements. This exploration work begins with the preface of the Uniform Civil Code. It also gives the need and desire for invariant civil law. India is a republic and all citizens must be treated inversely under the law.

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Research Paper

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International Journal of Law Management and Humanities, Volume 5, Issue 6, Page 1482 - 1493

DOI: https://doij.org/10.10000/IJLMH.113960

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