A Conceptual Framework and Comparison of Personal Laws in Light of Uniform Civil Code

Abstract

Uniform Civil Code refers to a common and uniform civil code, that would govern citizens of India irrespective of their religion, caste, creed, sex or other markers. As of now, Indians are governed by their religious laws in matters of civil law, leading to growing criticism of discriminatory nature of some these laws. It is a hotly debated proposal in India today, with analysts divided over its advantages and disadvantages. This research paper, using secondary research tools, discusses why Uniform Civil Code should be adopted as a law, the factors that led to its need and problems in the current personal laws. The study puts a particular emphasis on the gendered nature of the discrimination present in the current personal laws by comparing Hindu and Muslim personal law, and its implementation in other countries. This would help, both laymen and policymakers, to understand Uniform Civil Code in greater detail and it’ s pros and cons, as well as Muslim and Hindu religious laws, fulfilling the study’s primary objective. In conclusion, using qualitative method, the paper presents a case in favor of Uniform Civil Code and why it is the need of the hour.