Debate on Uniform Civil Code
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Muslim Personal Law in India a Select Bibliography 1949-74
MUSLIM PERSONAL LAW IN INDIA A SELECT BIBLIOGRAPHY 1949-74 SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF Master of Library Science, 1973-74 DEPARTMENT OF LIBRARY SCIEVCE, ALIGARH MUSLIM UNIVERSITY, ALIGARH. Ishrat All QureshI ROLL No. 5 ENROLMENT No. C 2282 20 OCT 1987 DS1018 IMH- ti ^' mux^ ^mCTSSDmSi MUSLIM PERSONAL LAW IN INDIA -19I4.9 « i97l<. A SELECT BIBLIOGRAPHY SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIRSMENTS FOR THE AWARD OF THE DESIEE OF MASTER .OF LIBRARY SCIENCE, 1973-7^ DEPARTMENT OF LIBRARY SCIENCE, ALIGARH MUSLIM UNIVERSITY, ALIGARH ,^.SHRAT ALI QURESHI Roll No.5 Enrolment Nb.C 2282 «*Z know tbt QUaa of Itlui elaiJi fliullty for tho popular sohools of Mohunodan Lav though thoj noror found it potslbla to dany the thaorotloal peasl^Ultj of a eoqplota Ijtlhad. Z hava triad to azplain tha oauaaa ¥hieh,in my opinion, dataminad tbia attitudo of tlia laaaaibut ainca thinga hcra ehangad and tha world of Ulan is today oonfrontad and affaetad bj nav foroaa sat fraa by tha extraordinary davalopaant of huaan thought in all ita diraetiona, I see no reason why thia attitude should be •aintainad any longer* Did tha foundera of our sehools ever elala finality for their reaaoninga and interpreti^ tionaT Navar* The elaii of tha pxasaat generation of Muslia liberala to raintexprat the foundational legal prineipleay in the light of their ovn ej^arla^oe and the altered eonditlona of aodarn lifs is,in wj opinion, perfectly Justified* Xhe teaehing of the Quran that life is a proeasa of progressiva eraation naeaaaltatas that eaoh generation, guided b&t unhampered by the vork of its predeoessors,should be peraittad to solve its own pxbbleas." ZQ BA L '*W« cannot n»gl«ct or ignoi* th« stupandoits vox^ dont by the aarly jurists but «• cannot b« bound by it; v« must go back to tha original sources 9 th« (^ran and tba Sunna. -
The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958)
The Ancient Monuments and Archaeological Sites and Remains Act, 1958 (24 of 1958) as amended by The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010(10 of 2010) CONTENTS THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1958 The Ancient Monuments and Archaeological Sites and Remains (Amendment and Validation) Act, 2010 (10 of 2010) Introduction PRELIMINARY Sections 1. Short title, extent and commencement 2. Definitions 2A Construction of references to any law not in force in the State of Jammu and Kashmir ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS OF NATIONAL IMPORTANCE 3. Certain ancient monuments/ etc., deemed to be of national importance 4. Power of Central Government to declare ancient monument, etc., to be of national importance 4A Categorisation and classification in respect of ancient monuments or archaeological sites and remains declared as of national importance under sections 3 and 4 PROTECTED MONUMENTS 5. Acquisition of rights in a protected monument 6. Preservation of protected monument by agreement 7. Owners under disability or not in possession 8. Application of endowment to repair a protected monument 9. Failure or refusal to enter into an agreement 10. Power to make order prohibiting contravention of agreement under section 6 11. Enforcement of agreement 12. Purchasers at certain sales and persons claiming through owner bound by instrument executed by owner 13. Acquisition of protected monuments 14. Maintenance of certain protected monuments 15. Voluntary contributions 16. Protection of place of worship from misuse, pollution or desecration 17. Relinquishment of Government rights in a monument 18. Right of access to protected monument PROTECTED AREAS 19. -
Shatranj Ki Baazi FINAL
SHATRANJ KI BAAZI MUSLIM WOMEN’S ACTIVISM, THE PATRIARCHY AND TRIPLE TALAQ IN MODI’S INDIA Danielle Ayana D’Aguilar Plan II Honors University of Texas at Austin May 15, 2019 Hina Azam, PhD. Middle Eastern Studies Thesis Supervisor Syed Akbar Hyder, PhD. Asian Studies Second Reader To the women of Lucknow who welcomed me into their homes and communities, shared their stories and taught me to understand their perspectives, their hopes and their fears. ❃ ❃ ❃ To my wonderful host mother in Mahanagar, Simi Ahmad, and her youngest daughters, Asna and Aiman. ❃ ❃ ❃ To my dear friend, Roushon Talcott, my family, and others who provided intellectual and emotional support throughout this journey. !i Abstract Author: Danielle Ayana D’Aguilar Title: Shatranj Ki Bazi Supervisor: Hina Azam, PhD. Second Reader: Syed Akbar Hyder, PhD. In August, 2017, the Indian Supreme Court ruled on a landmark case involving one Shayara Bano and four petitioners that instant triple talaq, a unique and controversial variation of an Islamic method for declaring divorce, was incompatible with the Indian constitution due to its detrimental effects on Muslim women and its lack of centrality to the religion. Many news and media sources both in India and around the world were quick to report this as a straightforward victory for Muslim women, while the male-dominated Islamic scholarly community expressed disdain at the least and outrage at the most. However, the matter is far more complicated and requires an understanding of history, social structure and political ideologies in India. The first portion of this paper analyzes the history of State intervention in Muslim personal law from the colonial period onward in an effort to contextualize and critique the current government’s actions. -
Muslim Personal Law and Gender Equality Concerns in India
Advances in Social Science, Education and Humanities Research, volume 162 International Conference on Law and Justice (ICLJ 2017) Muslim Personal Law And Gender Equality Concerns In India Saadiya Faculty of Law, Jamia Millia Islamia, New Delhi-25, India. [email protected] Abstract—Personal laws are mired with controversies on hands of judiciary which in its hypocrisy has treated the questions of gender equality. In India, where each community is Muslim personal law as untouchable, at the same time governed by its own sets of personal laws, Muslim Personal Law, reforming other minority/majority personal laws. This paper is especially, is perceived to further gender inequality. This paper a small attempt of analysing the Muslim personal law in India analyses such gender inequality concerns about the Muslim personal addressing the gender inequality issues, viewing the same with laws in context of property rights and right of dissolution of the lens of usul- ul fiqh. The scope of this paper is restricted to marriage. This paper argues that gender inequality in India stems gender equality concerns only with respect to property rights from deep rooted cultural patriarchy without having any religious and the right of dissolution of marriage. backing and such inequality is further endorsed by discriminatory laws. This paper argues that the despicable condition of Muslim women in India is due to ignorance of usul-ul-fiqh because of which II. MUSLIM PERSONAL LAW AND GENDER EQUALITY they do not assert the rights guaranteed to them by Islam. Lack of CONCERNS IN INDIA. knowledge of usul-ul-fiqh perpetuates the prevalent popular The subject of Muslim Personal Law in India poses unique misconception of Muslim personal law as being oppressive to woman challenges keeping in mind the legal framework and the when in reality it gives them equal rights. -
The Role of Hindu Code Bill in Social Reconstruction of India (With Special Reference to Dr
P: ISSN NO.: 2394-0344 RNI No.UPBIL/2016/67980 VOL-2* ISSUE-10* January- 2018 E: ISSN NO.: 2455-0817 Remarking An Analisation The Role of Hindu Code Bill in Social Reconstruction of India (With Special Reference to Dr. B. R. Ambedkar) Abstract The Hindu Code Bill are the thoughts of such a social reformer who want to reforme the conditions of women making the important laws and regulations about Indian women. In this series Dr. B.R. Ambedkar proves himself such a thinker in India who thinks about reformation of Indian women legally. According to Dr. B.R. Ambedkar, “Women is a main piller of a family whose role is an important in a family i.e. she is first teacher of a child and to make a personality of a child, she has in the centre of a family. If a women in a family is literate, then she will try to literate her child in any condition and literacy is very essential for a civilized society as well as literacy is aware to a women for her rights in a society. Before this Bill, the conditions of Indian women were very miserable—she has no right to take education, no right to live free life, she always depend on her family members like a slave in society. So, the Hindu Code Bill was a step which tried to reform the conditions of Indian women and tried to give the rights of education, services, freedom and to live the life like a man. Pitamber Dass Jatav Keywords: Reforms, Hindu, Code, Bill, Assembly, Debates, Act, Women, Assistant Professor, Indian Society, Religion, Mitakshra, Tradition, Laws. -
Hindutva and Anti-Muslim Communal Violence in India Under the Bharatiya Janata Party (1990-2010) Elaisha Nandrajog Claremont Mckenna College
Claremont Colleges Scholarship @ Claremont CMC Senior Theses CMC Student Scholarship 2010 Hindutva and Anti-Muslim Communal Violence in India Under the Bharatiya Janata Party (1990-2010) Elaisha Nandrajog Claremont McKenna College Recommended Citation Nandrajog, Elaisha, "Hindutva and Anti-Muslim Communal Violence in India Under the Bharatiya Janata Party (1990-2010)" (2010). CMC Senior Theses. Paper 219. http://scholarship.claremont.edu/cmc_theses/219 This Open Access Senior Thesis is brought to you by Scholarship@Claremont. It has been accepted for inclusion in this collection by an authorized administrator. For more information, please contact [email protected]. CLAREMONT McKENNA COLLEGE HINDUTVA AND ANTI-MUSLIM COMMUNAL VIOLENCE IN INDIA UNDER THE BHARATIYA JANATA PARTY (1990-2010) SUBMITTED TO PROFESSOR RODERIC CAMP AND PROFESSOR GASTÓN ESPINOSA AND DEAN GREGORY HESS BY ELAISHA NANDRAJOG FOR SENIOR THESIS (Spring 2010) APRIL 26, 2010 2 CONTENTS Preface 02 List of Abbreviations 03 Timeline 04 Introduction 07 Chapter 1 13 Origins of Hindutva Chapter 2 41 Setting the Stage: Precursors to the Bharatiya Janata Party Chapter 3 60 Bharat : The India of the Bharatiya Janata Party Chapter 4 97 Mosque or Temple? The Babri Masjid-Ramjanmabhoomi Dispute Chapter 5 122 Modi and his Muslims: The Gujarat Carnage Chapter 6 151 Legalizing Communalism: Prevention of Terrorist Activities Act (2002) Conclusion 166 Appendix 180 Glossary 185 Bibliography 188 3 PREFACE This thesis assesses the manner in which India’s Bharatiya Janata Party (BJP) has emerged as the political face of Hindutva, or Hindu ethno-cultural nationalism. The insights of scholars like Christophe Jaffrelot, Ashish Nandy, Thomas Blom Hansen, Ram Puniyani, Badri Narayan, and Chetan Bhatt have been instrumental in furthering my understanding of the manifold elements of Hindutva ideology. -
Directive Principles of State Policy
DIRECTIVE PRINCIPLES OF STATE POLICY 36. Definition.—In this Part, unless the context otherwise requires, ―the State has the same meaning as in Part III. 37. Application of the principles contained in this Part.—The provisions contained in this Part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. 38. State to secure a social order for the promotion of welfare of the people.— (1) The State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a social order in which justice, social, economic and political, shall inform all the institutions of the national life. (2) The State shall, in particular, strive to minimise the inequalities in income, and endeavour to eliminate inequalities in status, facilities and opportunities, not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. 39. Certain principles of policy to be followed by the State.—The State shall, in particular, direct its policy towards securing— (a) that the citizens, men and women equally, have the right to an adequate means of livelihood; (b)that the ownership and control of the material resources of the community are so distributed as best to subserve the common good; (c) that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment; (d) that there is equal pay for equal work for both men and women; (e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength; 1 (f) that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment. -
Kle Law Academy Belagavi
KLE LAW ACADEMY BELAGAVI (Constituent Colleges: KLE Society’s Law College, Bengaluru, Gurusiddappa Kotambri Law College, Hubballi, S.A. Manvi Law College, Gadag, KLE Society’s B.V. Bellad Law College, Belagavi, KLE Law College, Chikodi, and KLE College of Law, Kalamboli, Navi Mumbai) STUDY MATERIAL for FAMILY LAW II Prepared as per the syllabus prescribed by Karnataka State Law University (KSLU), Hubballi Compiled by Reviewed by Dr. Jyoti G. Hiremath, Asst.Prof. Dr. B Jayasimha, Principal B.V. Bellad Law College, Belagavi This study material is intended to be used as supplementary material to the online classes and recorded video lectures. It is prepared for the sole purpose of guiding the students in preparation for their examinations. Utmost care has been taken to ensure the accuracy of the content. However, it is stressed that this material is not meant to be used as a replacement for textbooks or commentaries on the subject. This is a compilation and the authors take no credit for the originality of the content. Acknowledgement, wherever due, has been provided. II SEMESTER LL.B. AND VI SEMESTER B.A.LL.B. COURSE - V : FAMILY LAW - II : MOHAMMEDAN LAW AND INDIAN SUCCESSION ACT CLASS NOTES Contents Part I - : Mohammedan Law : (127 pages) 1. Application of Muslim Law 2. History, Concept and Schools of Muslim Law 3. Sources of Muslim Law 4. Marriage 5. Mahr / Dower 6. Dissolution of marriage and Matrimonial Reliefs 7. Parentage 8. Guardianship and Hizanat 9. Maintenance 10. The Muslim Women(Protection of Rights on Divorce)Act,1986 11. Hiba / Gifts 12. Administration of Estate 13. -
THE CONSTITUTION (AMENDMENT) BILL, 2016 By
1 AS INTRODUCED IN LOK SABHA Bill No. 218 of 2016 THE CONSTITUTION (AMENDMENT) BILL, 2016 By SHRI SADASHIV LOKHANDE, M.P. A BILL further to amend the Constitution of India. BE it enacted by Parliament in the Sixty-seventh Year of the Republic of India as follows:— 1. This Act may be called the Constitution (Amendment) Act, 2016. Short title. 2 Omission of 2. Article 44 of the Constitution shall be omitted. article 44. Insertion of 3. After Part IVA of the Constitution, the following Part and articles thereunder shall be new Part IVB. inserted, namely:— "PART IVB UNIFORM CIVIL LAW 5 Definition. 51B. In this Part, unless the context otherwise requires, "the State" has the same meaning as in Part III. Uniform civil 51C. The State shall, within one year of coming into force of this Act, secure for the code for the citizens a uniform civil code throughout the territory of India.". citizens. STATEMENT OF OBJECTS AND REASONS The founding fathers of the Constitution while framing the Constitution of India have been instrumental in including uniform civil laws for all citizens throughout the country. It was therefore included as a Directive Principle of State Policy under article 44 which requires the State to secure for the citizens of India a Uniform Civil Code throughout the territory of India. However, even after sixty-six years of the framing of the Constitution, the Uniform Civil Code is yet to be enacted. India is a country of multi-religions and every religion has its own set of personal laws to govern their respective personal matters like marriages, adoption, succession, etc. -
Rajya Sabha —— List of Business
RAJYA SABHA —— LIST OF BUSINESS Friday, July 23, 2021 _______ 11 A.M. ——— MOTION FOR ELECTION TO THE COCONUT DEVELOPMENT BOARD, KOCHI SHRI NARENDRA SINGH TOMAR to move the following Motion:— “That in pursuance of clause (e) of sub-section (4) of Section 4 of the Coconut Development Board Act, 1979 (No.5 of 1979), read with clauses (i) and (ii) of sub-rule (1) of Rule 4 of the Coconut Development Board Rules, 1981, this House do proceed to elect, in such manner as the Chairman may direct, one Member from amongst the Members of the House to be a member of the Coconut Development Board.” ———— #QUESTIONS QUESTIONS entered in separate lists to be asked and answers given. ———— (FROM 2.30 P.M. TO 5.00 P.M.) PRIVATE MEMBERS’ LEGISLATIVE BUSINESS Bills for introduction 1. DR. KIRODI LAL MEENA to move for leave to introduce a Bill to The Uniform Civil provide for the constitution of the National Inspection and Investigation Code in India Bill, Committee for preparation of Uniform Civil Code and its implementation 2020. throughout the territory of India and for matters connected therewith or incidental thereto. ALSO to introduce the Bill. 2. SHRI V. VIJAYASAI REDDY to move for leave to introduce a Bill The Right of further to amend the Right of Children to Free and Compulsory Education Act, Children to Free 2009. and Compulsory Education ALSO to introduce the Bill. (Amendment) Bill, 2020. 3. SHRI V. VIJAYASAI REDDY to move for leave to introduce a Bill The Constitution further to amend the Constitution of India. -
Religious Diversity in Asia
Religious Diversity in Asia Edited by Jørn Borup Marianne Q. Fibiger Lene Kühle LEIDEN | BOSTON For use by the Author only | © 2020 Koninklijke Brill NV Contents List of Tables and Figures vii Notes on Contributors ix Introduction 1 Jørn Borup and Marianne Q. Fibiger Part 1 Religious Diversities – Past and Present 1 Religious Diversity on the Korean Peninsula, Past and Present 23 Don Baker 2 Religious Diversity in Japan 48 Ugo Dessì 3 The Double-Layered Diversification of Religion in Post-Renovation Vietnam 67 Chung Van Hoang PART 2 Identities 4 Some ‘Side Effects’ of Religious Diversity: Exploring Religious Conversion in the Indian Secular State 93 Ayelet Harel-Shalev and Noa Levy 5 The Challenge of Diversity: Evangelical Missionaries and Ethno-Christianity in Reform Era Yunnan 119 Gideon Elazar 6 From Syncretism to Split: Ethnographic Insights from a Socio-Religious Movement in India 145 Santosh K. Singh For use by the Author only | © 2020 Koninklijke Brill NV vi Contents Part 3 Education 7 Religious Diversity with Chinese Characteristics? Meanings and Implications of the Term ‘Religious Diversity’ in Contemporary Chinese Dissertations 169 Yu Tao and Ed Griffith 8 How Religious Diversity Is Represented and Taught in Asian School Textbooks 193 Satoko Fujiwara Part 4 Ritual 9 Worshipping Durga(s) Dasara, Durga Puja and the Dynamics of Goddess Worship in a Former Princely State in Odisha, India 223 Uwe Skoda 10 Religious Diversity and Interreligious Contestations in Sri Lanka: The Encounter between Buddhism and Islam in the Galebandara Cult in Kurunagala 243 Kalinga Tudor Silva Part 5 Diaspora 11 La Caridad, Oshún, and Kuan Yin in Afro-Chinese Religion in Cuba 271 Martin A. -
Ghana's Constitution of 1992 with Amendments Through 1996
PDF generated: 26 Aug 2021, 16:30 constituteproject.org Ghana's Constitution of 1992 with Amendments through 1996 This complete constitution has been generated from excerpts of texts from the repository of the Comparative Constitutions Project, and distributed on constituteproject.org. constituteproject.org PDF generated: 26 Aug 2021, 16:30 Table of contents Preamble . 14 CHAPTER 1: THE CONSTITUTION . 14 1. SUPREMACY OF THE CONSTITUTION . 14 2. ENFORCEMENT OF THE CONSTITUTION . 14 3. DEFENCE OF THE CONSTITUTION . 15 CHAPTER 2: TERRITORIES OF GHANA . 16 4. TERRITORIES OF GHANA . 16 5. CREATION, ALTERATION OR MERGER OF REGIONS . 16 CHAPTER 3: CITIZENSHIP . 17 6. CITIZENSHIP OF GHANA . 17 7. PERSONS ENTITLED TO BE REGISTERED AS CITIZENS . 17 8. DUAL CITIZENSHIP . 18 9. CITIZENSHIP LAWS BY PARLIAMENT . 18 10. INTERPRETATION . 19 CHAPTER 4: THE LAWS OF GHANA . 19 11. THE LAWS OF GHANA . 19 CHAPTER 5: FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS . 20 Part I: General . 20 12. PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS . 20 13. PROTECTION OF RIGHT TO LIFE . 20 14. PROTECTION OF PERSONAL LIBERTY . 21 15. RESPECT FOR HUMAN DIGNITY . 22 16. PROTECTION FROM SLAVERY AND FORCED LABOUR . 22 17. EQUALITY AND FREEDOM FROM DISCRIMINATION . 23 18. PROTECTION OF PRIVACY OF HOME AND OTHER PROPERTY . 23 19. FAIR TRIAL . 23 20. PROTECTION FROM DEPRIVATION OF PROPERTY . 26 21. GENERAL FUNDAMENTAL FREEDOMS . 27 22. PROPERTY RIGHTS OF SPOUSES . 29 23. ADMINISTRATIVE JUSTICE . 29 24. ECONOMIC RIGHTS . 29 25. EDUCATIONAL RIGHTS . 29 26. CULTURAL RIGHTS AND PRACTICES . 30 27. WOMEN'S RIGHTS . 30 28. CHILDREN'S RIGHTS . 30 29. RIGHTS OF DISABLED PERSONS .