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| | | | | | Volume-I,
Issue-II, April-June 2012 | | | | Research
Scapes (An International Multi Disciplinary Journal) |
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Uniform Civil Code: A Failed
Constitutional Provision or A Deliberate Procrastination
Jain M. and Mathur I. CLICK HERE TO ABSTRACT
This
article primarily analyzes the on-going debate
over the implementation of the Uniform Civil
Code in India, in accordance to Article 44 of
the Indian Constitution, by weighing the arguments
in
favour of its implementation and those in opposition
of its implementation. The article aims at analyzing
the debate keeping in mind the diverse Indian
context. Further, this article aims at studying
the view
of judges regarding the applicability of the
Uniform Civil Code via their interpretation
as seen in
various case laws. Following the debates on
implementation and the views of judges, this
article also
aims at comparing the implementation of a similar
uniform code in other countries of the world
with
the situation in India; and draws inference
as to what the relevant factors are which govern
the
applicability of such a uniform code in any
legal system. Lastly but most importantly, this
article aims
at arriving at a practical solution balancing
the positive and negative views regarding the
implementation
of a uniform civil code for in India by extracting
the crux of both sides of the arguments and
churning
them with the prevailing societal order in India.
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