COMPARATIVE EXAMINATION OF THE UNIFORM CIVIL CODE: INDIA AND OTHER PERSPECTIVES

In the Indian legal and socio-political sphere, the idea of a Uniform Civil Code has been a crucial but divisive topic. The UCC, which is enshrined as a Directive Principle under Article 44 of the Indian Constitution, seeks to establish a uniform set of civil laws governing marriage, divorce, adoption, inheritance and succession in favour of religiously specific personal laws. India's diversified culture and the delicate relationship between religion and the law have caused a delay in the adoption of a UCC, despite the fact that it is meant to support the values of equality, secularism and national cohesion. The purpose of this Research paper is to examine the advantages, difficulties and lessons that can guide India's discussion on personal laws by contrasting it with those of other nations that have enacted a UCC. The strategy taken by India and a few other foreign jurisdictions that have effectively implemented a uniform civil law system are compared in this research paper. In a heterogeneous culture like India, the goal is to present a fair assessment of the possible advantages and difficulties of establishing a UCC. Of doing so, the paper examines the social consequences and legal systems of nations such as Egypt, Tunisia, Brazil, France and Turkey. These nations provide a variety of civil codification approaches that have navigated religious and cultural sensitivities while advancing gender fairness and legal consistency.

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Publication Details

Journal
International Journal of Scientific Development and Research
Published
2025-01-01
DOI
https://doi.org/10.56975/ijsdr.v10i7.304280
Primary Topic
European and International Contract Law
Type
article
Field-Weighted Citation Impact
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article

COMPARATIVE EXAMINATION OF THE UNIFORM CIVIL CODE: INDIA AND OTHER PERSPECTIVES

Dinesh Jain, Prashant Kumar
International Journal of Scientific Development and Research
European and International Contract Law
article

COMPARATIVE EXAMINATION OF THE UNIFORM CIVIL CODE: INDIA AND OTHER PERSPECTIVES

Dinesh Jain, Prashant Kumar
article en

Abstract

In the Indian legal and socio-political sphere, the idea of a Uniform Civil Code has been a crucial but divisive topic. The UCC, which is enshrined as a Directive Principle under Article 44 of the Indian Constitution, seeks to establish a uniform set of civil laws governing marriage, divorce, adoption, inheritance and succession in favour of religiously specific personal laws. India's diversified culture and the delicate relationship between religion and the law have caused a delay in the adoption of a UCC, despite the fact that it is meant to support the values of equality, secularism and national cohesion. The purpose of this Research paper is to examine the advantages, difficulties and lessons that can guide India's discussion on personal laws by contrasting it with those of other nations that have enacted a UCC. The strategy taken by India and a few other foreign jurisdictions that have effectively implemented a uniform civil law system are compared in this research paper. In a heterogeneous culture like India, the goal is to present a fair assessment of the possible advantages and difficulties of establishing a UCC. Of doing so, the paper examines the social consequences and legal systems of nations such as Egypt, Tunisia, Brazil, France and Turkey. These nations provide a variety of civil codification approaches that have navigated religious and cultural sensitivities while advancing gender fairness and legal consistency.

International Journal of Scientific Development and ResearchVol. 10(7)
Amicable Knowledge Solution University (IN)
Peace, Justice and strong institutions
Openalex Percentile: Top 69%
European and International Contract Law
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