Uniform Civil Code

Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book provides a blueprint for alternative frameworks and courses of action, drawing on lessons from comparative context to develop a Uniform Civil Code for India. It explores the interplay between issues of law, culture, and religion in light of various intra-community and inter-community disputes. The book proposes a series of guidelines and considerations to inform this process. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The Courts can resolve certain specific points but the comprehensive code is a legislative function and not for judicial resolution. The second guideline suggests the parallel application of civil and religious law. The securing of a Uniform Civil Code must not negate the possibility of citizens availing themselves of religious law-if they so wish. The third guideline advises a gradual application of a Uniform Civil Code. The development of the code should be done topic by topic, chapter by chapter. The fourth guideline is to deploy tools of mediation in both the formation of the code and its implementation. This mediation should take on two forms—intercommunity mediation and individual mediation. The first of these two relates to a dialogue between the communities of India, to advance an agreement upon the substantive provisions of the Uniform Civil Code. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.

The Book Contains An Analytical, Graphic And Yet, Judicious Study Of The Much Debated And Controversial Topic Of A Suitable Legislation On Uniform Civil Code For All The Citizens Of India Despite Their Religion Or Race Or Ethnicity In Compliance With The Consti¬Tutional Mandate Under Article 44. The Author Has Most Capably And Creditably Examined The Subject In All Its Multi¬Dimensional Aspects And In View Of The Fact That, Like In India, In Almost All Countries Of The World, Muslims Co-Exist With Other Religion/Ethnic Or Racial Groups And Are Governed By The Same Civil Laws Without Any Animus Or Discordant Relationship With Their Fellow Countrymen. Relevant Ayyats Have Been Quoted From The Quran Along With Various Judicial Verdicts, Vis-A-Vis The Reforms Made In Other Islamic Countries Of The World, Wherein Personal Laws Have Been Subjected To Suitable Change In View Of The Prevalent Local Conditions. The Author Has Dispassiona¬Tely And Unequivocally Brought Before The Intelligentsia The Fact That Unfortunately The Subject Has Generated A Lot Of Unavoidable And Spiteful Controversy, Which Sprung Not From Reasons, But From Misconstructed Religious Sentiments. The Entire Contents Of The Book Are Thought Provoking, And They Give An Impetus To Intellectuals To Explain To The People In General, And Muslim In Particular, The Merits And Advantages Of The Uniform Civil Code And Exterminate Their Unfounded Fears.