Paper Details

“In India, from time to time, Uniform Civil Code has been a hot issue among the scholars, jurists and courts; but it has mislead the populace instead of developing consensus to codify the personal civil laws for all Indians with equal application and force. Doubts have been created that through the uniform civil code the personal civil laws of majority in India will be imposed over the minority as regards to their private issues viz. Marriage-divorce-maintenance, adoption, gift, inheritance and succession. Personal laws are, by and large, customary laws; all customary laws are not necessarily to be progressive. In all customary laws, there exist some rigorous/ static arrangements, not admissible in a welfare society. The need is to severe such rigorous/ static arrangements or to put certain restrictions upon it; as has been done through codification of Hindu personal laws in India. Since in India, unlike other welfare democracies, here is diversity of religion, custom, practices and opinion etc., looking for a uniform civil code could be futile to implement. Here requires an Indian Civil Code to codify and regulate the personal affairs of the Indians putting the diversity in its centre. In this paper the author has tried to put certain plan to codify all personal laws in India so that they could be progressive and stand in conformity with the notions of a welfare society.”

Uniform Civil Code, misleading, religious institutions, religious injunctions, Indian Civil Code, progressive and welfare State.