Author(s): Shamim Ahmad Ansari and Dr. Naseem Akhtar

Abstract: The research paper delves into the multifaceted aspects of the Uniform Civil Code (UCC) in the context of Modern India. Framed under Article 44 of the Directive Principles of State Policy in the Indian Constitution, the UCC strives for "One Nation-One Law," seeking to replace diverse Personal Laws with a unified set of rules governing all citizens. The paper systematically explores the historical roots, contemporary developments, advantages, disadvantages, and the pivotal role of the judiciary in the evolution of the UCC. The introduction outlines the constitutional basis and primary objectives of the UCC, focusing on three contextual issues: Legitimacy, Majority vs. Minority concerns, and Gender Equality. The subsequent sections examine the current political landscape, emphasizing the UCC as a burning issue, with recent attempts at legislation and opposition dynamics in the Rajya Sabha. Contextual issues in Modern India, including Legitimacy, Majority vs. Minority, and Gender Equality, are thoroughly scrutinized. The paper traces events before and after independence, highlighting significant historical milestones, such as the 2nd Law Commission Report of 1835, Queen Victoria's Proclamation in 1858, and the recommendations of the B.N. Rau Committee of 1941.The role of the judiciary is a crucial focus, analyzing key cases like the Shah Bano case of 1985, and emphasizing the need for a proactive approach in achieving the UCC's goals. The paper explores the political perspective of the UCC, scrutinizing arguments for and against its implementation, especially considering the right-wing narrative and recent political pronouncements. Efforts towards the implementation of the UCC are discussed, including the Special Marriage Act of 1954 and the Shah Bano case's aftermath. Recent developments, such as observations by the Delhi High Court in 2021, are highlighted. The paper provides a balanced assessment of the advantages and disadvantages of the UCC, addressing issues of equal status, gender parity, national integration, and potential challenges related to diversity and religious freedom. It further scrutinizes the timing and practicality of implementing such a reform.

Pages: 18-22 | Views: 395 | Downloads: 211

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