LIJDLR

A REVIEW ON JUDICIAL AND LEGAL ASPECTS OF UNIFORM CIVIL CODE

Nandini Joshi, PHD Scholar, Maharaj Vinayak Global University Jaipur (India)

Policy Directives are delineated in Part IV of the Constitution of India. Although these principles lack legal enforceability, they are vital for the governance of the country. Article 44 of the Constitution mandates the state to implement a Uniform Civil Code as a guiding principle. The Supreme Court has issued several orders for its execution; nonetheless, the highly political environment of our nation has rendered it seemingly unattainable. Diverse religious communities in our nation are governed by various personal laws, as there is no singular legislation regulating personal matters such as marriage, divorce, and adoption. These laws legitimate gender discrimination in all its forms, deriving their authority from religious texts and practices, often exhibiting a bias favoring males over females. This article suggests delineating “essential religious practices” from “secular activities” as a means to reconcile the conflicting rights of religious freedom and equality. It is unequivocally evident that a Uniform Civil Code is urgently required. Nonetheless, it should be executed incrementally once the people, especially minorities, are educated about their stipulations and their entitlements.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 1554–1568.
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