JURISPRUDENCE OF UNIFORM CIVIL CODE: THREAT TO MULTICULTURALISM AND SECULARISM

Authors

  • Ankitashri Tripathi 2nd Year B.Com LL.B Student, Institute Of Law, Nirma University Author
  • Shashank Shri Tripathi 3rd Year B.A LL.B Student, Balaji Law College, Pune University Author
  • Harsh Yadav 2nd Year B.Com LL.B Student, Institute Of Law, Nirma University Author

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Abstract

India is a land where multiple cultures have thrived since ages. Social groups delineated by various criterions had co-existed since a long time while maintaining their culture. Among several of these that determine this variation in culture is religion. It does not only penetrate and influence the ideology and spirituality but also ultimately manifest ate in material world intercourse between people in and among religious circle. In seemingly trivial to the major activities, religion determines the attitude and behavior of men and women. This crystallizes in culture. Coalescence of religion, personal intercourse in civil life as well as cultural manifestation is invisible. India, where thrive multiple religions with their own characteristic of personal intercourse ranging from marriage to inheritance of multicultural ,Is it then that sweeping uniformly in personal laws imposed by a secular state ,which govern those personal practices of those belonging to same religion, will leave the culture of these religious circle unaffected? The ball set rolling by the Uniform Civil Code shall lead to interference in the cultural life of those groups. A secular state, as fervent professor of equal treatment to all religion it be, shall prejudice the identity of India as a multicultural state, which an Indian patriot be proud of.

Author in this paper would try to analyze the jurisprudence of Uniform civil code, its making, ambit, enactment etc which emerged as the most promising issue of the time. This paper would also reflect the Constitutional provision of India, which talks about uniformity of law in order to secure the interest of the citizen. Author will also try to analytically criticize the approach of bringing uniform civil code in a nation that prides its multicultural society and secular state. In addition to above observation, author will also try to analyze future perspective of Article 44 as well as threats attached with bringing such law in a democratic country like India.

Published

13-04-2017

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Copyright © 2026 by Ankitashri Tripathi, Shashank Shri Tripathi, Harsh Yadav

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How to Cite

Ankitashri Tripathi, et al. “JURISPRUDENCE OF UNIFORM CIVIL CODE: THREAT TO MULTICULTURALISM AND SECULARISM”. Journal of Legal Studies & Research, vol. 3, no. 2, Apr. 2017, pp. 6-20, https://journal.thelawbrigade.com/jlsr/article/view/1951.