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Supreet Kaur (B.Com, LL.B., LL.M INTERNATIONAL JOURNAL FOR LEGAL RESEARCH & ANALYSIS (ISSN 2582 – 6433) VOLUME I ISSUE IV (SEPTEMBER 2020) Email – [email protected] Website – www.ijlra.com 56565656565651 www.ijlra.com Volume IIssue IV|September 2020 ISSN: 2582-6433 DISCLAIMER No part of this publication may be reproduced or copied in any form by any means without prior written permission of Managing Editor of IJLRA. The views expressed in this publication are purely personal opinions of the authors and do not reflect the views of the Editorial Team of IJLRA. Though every effort has been made to ensure that the information in Volume I Issue IV is accurate and appropriately cited/referenced, neither the Editorial Board nor IJLRA shall be held liable or responsible in any manner whatsever for any consequences for any action taken by anyone on the basis of information in the Journal. Copyright © International Journal for Legal Research & Analysis 1 www.ijlra.com Volume IIssue IV|September 2020 ISSN: 2582-6433 EDITORIAL TEAM EDITORS Ms. Ezhiloviya S.P. Nalsar Passout Ms. Priya Singh West Bengal National University of Juridical Science Mr. Ritesh Kumar Nalsar Passout Mrs. Pooja Kothari Practicing Advocate Dr. Shweta Dhand Assistant Professor 2 www.ijlra.com Volume IIssue IV|September 2020 ISSN: 2582-6433 A WORD FROM THE TEAM IJLRA:(ISSN: 2582-6433) is proud to complete its Volume I Issue IV. The current issue consists of articles, short notes, case comments, legislative comments and book reviews, contributed by advocates, academicians, researchers & students from all parts of the country. Each contribution has been thoroughly examined by our editorial team to provide a filtered and quality read. The fact that law as a subject is dynamic and ever evolving makes it imperative for lawyers, academicians, researchers, and students to stay abreast of recent developments. The same thought process has led us to develop a dedication towards providing all the contributors with a platform to express their original ideas on contemporary issues. With the same endeavour to present view on latest legal developments within and outside country we are successful in presenting diverse selection of stimulating articles. We strive hard to stick to the core of the Journal's principles, which includes diversity and open discussion from all aspects of law while maintaining highest standards of professional integrity. The Issue is a culmination of the efforts of several people who must be rightly acknowledged. We would like to place on record our sincere gratitude to all our contributors for their valuable work. We would also like to thank all the members of Editorial Board for their efforts in shortlisting and editing the papers to ensure that the ideas of authors are being expressed in the best possible manner; and finally the members of our technical support team for making this issue reach all our readers by way of an open access system. We sincerely hope that the present issue will come to the expectations of its readers. Team IJLRA 3 www.ijlra.com Vol ume IIssue IV|September 2020 ISSN: 2582-6433 THE INCORPORATION OF UNIFORM CIVIL CODE VIS - A –VIA RETENTION OF PERSONAL LAWS IN INDIA. Ms. Supreet Kaur (B.Com, LL.B., LL.M. (UGC-NET), Presently a Research Scholar, Department of Laws, Guru Nanak Dev University, Amritsar, Punjab) ABSTRACT The idea of incorporation of Uniform Civil Code in Indian legal system is at crossroads and much debated. Article 44 of the Constitution of India provides for Uniform Civil Code as a Directive Principle of State Policy. The theme of the paper is to trace out the development of this concept during different eras of Indian history and to look for the justification of such incorporation. During the pre-independence era, the British legislators provided legislative immunity to the certain religious matters. After Independence, the Constituent Assembly also mooted the retention of respective personal laws of various religious communities. The proposed justification for the introduction of Uniform Civil Code was the harmonious integration of different religious communities through uniformity of laws. The Uniform Civil Code has always been criticized by the religious communities as an encroachment upon on their religious and personal freedoms. The argument draws its strength from the presence of the Fundamental Right of practice, profess and propagate one’s own religion in the Constitution itself. With the increasing instances of exploitation of women and children in particular by the misuse of practices approved by personal laws, Law is expected to not only intervene but also lay down clear standards of conduct for every person as well as community as a whole. Both the Parliament and the Judiciary have made efforts in interpreting this concept in such a way that the personal laws of various religious communities are streamlined towards Uniform Civil Code. Yet, these have failed to bring the desired change in the mindset of the people. The very discussion on Uniform Civil Code raises a suspicion of interference in the religious freedom. Recent developments in personal laws have been seen by many as the much needed foundation for the incorporation of the Uniform Civil Code. The Indian Parliament and Judiciary should aim at harmonizing all the religious communities without causing any damage to the personal laws. India is known for diversity of religions, castes and communities. Law has to ensure that diversity is respected and the rights of minorities are protected. Key Words: Personal Laws, Religions, Uniform Civil Code, Interpretation, Constitution, Parliament. 4 www.ijlra.com Vol ume IIssue IV|September 2020 ISSN: 2582-6433 “I am a Muslim, I lit a Hindu’s lamp using a Christian’s candle. This should be Unity in India.” - APJ Abdul Kalam1 INTRODUCTION Unity in diversity is one of the most powerful attributes of India. India has always set an example that diversity does not pull people apart, rather it brings them together. Starting from the Indus Valley Civilization to the present day India, all the religious communities say, Hindu, Buddhist, Jain, Sikh, Muslims, Christians, Parsi, and many other religions coexist peacefully in this country.2 The basic postulate of every religion is that God is one and thus, the unified vision offered by Him must be followed with unity and integrity.3 To understand the concept of unity in diversity, we need to have clarification of the terms like unity, uniformity, plurality etc. and the difference between them. As pointed out by the Rene Guenon4, there is a difference between unity and uniformity. While uniformity denotes the state of being same and homogeneous, unity points to what connects diverse things. Though there is no uniformity in nature, as it is a product of man-made machines and devices and the so called ‘systems’, but unity reigns in the natural order. Furthermore, the need of unity arises as it is the moral obligation to treat everything, whether living or not, with respect.5 Thus, it is clear from the above discussion that as unity does not mean uniformity; similarly, plurality does not mean division and chaos. Plurality and diversity hold their respective place and help in the fulfillment of important function in the economy of creation. Unity and plurality have a complementary relationship. Unity does not negate plurality; rather it places it in a large context of intelligibility. It is wrong to worship multiplicity for the sake of defending pluralism and reject unity in the name of liberation from totalitarianism. The religions have been accused of advocating totalitarianism and moral exclusion due to the misconception that religions talk about unity and they do not have any idea of handling diversity. The plurality of religions and faiths in the society are not cancelled by the concept of oneness and unity introduced by the God.6 1 Dr. Ayul Pakir Jainulabdeen Abdul Kalam (1931- 2015), an Indian aerospace scientist and former President of India. 2 Rucha K., “Unity in Diversity in India”, available at: https://medium.com/@ruchulya/unity-in-diversity-in- india-c722f833eaef (visited on 07.08.2020) 3 Ibrahim Kalin, “Religion, Unity and Diversity”, available at: https://www.resetdoc.org/story/religion-unity- and-diversity/ (visited on 07.08.2020) 4 Rene-Jean-Marie-Joseph-Geunon (1886- 1951) was a French philosopher and metaphysician. 5 Supra note 3. 6 Ibid. 5 www.ijlra.com Vol ume IIssue IV|September 2020 ISSN: 2582-6433 WHAT IS UNIFORM CIVIL CODE? The term, “Uniform Civil Code”, comprises of three words, i.e. ‘Uniform’ which means same for all, ‘Civil’ means right of a person, or something opposite to criminal and lastly, ‘Code’ which is derived from the Latin word ‘Codex’ which means a book.7 Thus, Uniform Civil Code means a single law which is applicable to all the citizens in their personal matters such as marriage, divorce, custody, adoption and inheritance. The main intention of the Uniform Civil Code is to replace the fragmented personal laws, with one Uniform Code.8 It aims is to have one law for one nation and to compile the laws in order to ensure the protection of their Fundamental and Constitutional Rights.9 UNIFORM CIVIL CODE IN INDIA In 1840, on the basis of Lex Loci Report, The British Government framed Uniform laws for crimes, evidence, and contract but they intentionally left the personal laws. And in the independent India, the Constituent Assembly was set up in 1946 to frame the Indian Constitution.10 Through Article 44, the framers of the Constitution imposed and stressed upon the duty of the Government to implement the principle of UCC. But it remained unfulfilled due to resistance from various religious groups.11 According to one set of members of the Constituent Assembly the Uniform Civil Code is required to reform the society.
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