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Chanakya National Law University, Patna: Submitted To:-Dr. Anirudh Prasad Professor of Constitutional Law

This document is a draft proposal for a paper on the topics of freedom of religion and uniform civil code in India. It provides an introduction to the current system of personal laws in India and discusses Article 44 of the Directive Principles which calls for a uniform civil code. The proposal outlines the aims, hypothesis, and research methodology. It proposes examining the reasons given for a uniform civil code as well as potential downsides. The tentative chapter outline and bibliography are also included.

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Ishan Bramhbhatt
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142 views5 pages

Chanakya National Law University, Patna: Submitted To:-Dr. Anirudh Prasad Professor of Constitutional Law

This document is a draft proposal for a paper on the topics of freedom of religion and uniform civil code in India. It provides an introduction to the current system of personal laws in India and discusses Article 44 of the Directive Principles which calls for a uniform civil code. The proposal outlines the aims, hypothesis, and research methodology. It proposes examining the reasons given for a uniform civil code as well as potential downsides. The tentative chapter outline and bibliography are also included.

Uploaded by

Ishan Bramhbhatt
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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D R A F T

CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

CONSTITUTIONAL LAW

“FREEDOM OF RELIGION AND UNIFORM CIVIL CODE”

SUBMITTED TO:-
R O U G H

DR. ANIRUDH PRASAD


PROFESSOR OF CONSTITUTIONAL LAW

SUBMITTED BY:-
ROHIT KUMAR
FIFTH SEMESTER
ROLL NO. :-1847
B.B.A., LL.B. (HONS)
SESSION - (2017-2022)
INTRODUCTION

India has multiplicity of family laws. The Christians have their Christians Marriage Act 1872,
the Indian Divorce Act, 1869 and the Indian Succession Act, 1925. The Jews have their
uncodified customary marriage law and in their succession matters they are governed by the
Succession Act of 1925. The Parsis have their own Parsi Marriage and Divorce Act, 1936, and
their own separate law of inheritance contained in the Succession Act which is somewhat
different from the rest of the Succession Act. Hindus and Muslims have their own separate
different from the rest of the Succession Act. Hindus and Muslims have their own separate
persona laws. Hindus law has by and large been secularized and modernized by statutory
enactments. On the other hand Muslim law is still primarily unmodified and traditional its
content and approach.

The law is communal insofar as each community or religious group has its own distinct law to
govern domestic relations. It is also personal insofar as each person carries his own aw wherever
he goes in India. The family law is partly statutory and partly non-statutory. The present-day
family law is thus a maze. There in no lex loci in India in matters of marriage, succession and
family-relations. Thus is very confusing.

With a view to achieve uniformity of law, its secularization and making it equitable and non-
discriminatory, the Constitution contains Art.44 of the Directive Principles of State Policy which
runs as follows; “The State shall endeavor to secure for the citizens a uniform civil code
throughout the territory of India”.

If a Common Civil Code is enacted and enforced:

o It world help and accelerate national integration;


o Overlapping provisions of law could be avoided;
o Litigation due to personal law world decrease;
o Sense of oneness and the national spirit would be roused, and
o The country would emerge with new force and power to face any odds finally
defeating the communal and the divisionist forces.
Israel, Japan, France and Russia are strong today because of their sense of oneness which we
have yet to develop and propagate.

India has set before itself the ideal of a secular society and in that context achievement of a
uniform civil code becomes all the more desirable such a code will do away with diversity in
matrimonial laws, simplify the Indian legal system and make Indian society more homogeneous.
It will de-link law from religion which is a very desirable objective to achieve in a secular and
socialist pattern of society. It will create a national identity and will help in containing
fissiparous tendencies in the country .The uniform civil code will contain uniform provisions
applicable to every one and based on social justice and gender equality in family matters.

According to the Committee on the Status of Women in India : “The continuance of various
personal laws which accept discrimination between men and women violate the fundamental
rights and the Preamble to the Constitution which promises to secure to all citizens “equality of
status, and is against the spirit of natural integration”. The Committee recommended expeditious
implementation of the constitutional directive in Art 44 by adopting a Uniform Civil Code.

AIMS AND OBJECTIVES

1. To study and analyse freedom of religion.


2. To study impact of uniform civil code.

HYPOTHESIS

The researcher is of the opinion that freedom of religion and uniform civil code will have beneficial
impact in India.
RESEARCH METHODOLOGY

This study is oriented to study and analyse the the freedom of religion and uniform civil code in
India. Secondary data involves the collection of data through past research studies, journals,
magazines, books, leading databases, articles and internet.

LIMITATION OF THE STUDY

The researcher intends to cover only few areas of freedom of religion and uniform civil code which
are relevant to the proposed study.

As study was done within a limited time, the researcher could not select sufficiently large sample
for the study.

TENTATIVE CHAPTERISATION

CHAPTER – I: INTRODUCTION AND RESEARCH METHODOLOGY

CHAPTER – II: FREEDOM OF RELIGION AND UNIFORM CIVIL CODE: REASON GIVEN
FOR ITS IMMINENT NECESSITY

CHAPTER – III: DOWNSIDE OF UNIFORM CIVIL CODE

CHAPTER – IV: CONCLUSION AND SUGGESTIONS


BIBLIOGRAPHY

The researcher has consulted following sources to complete the rough proposal:

Secondary sources:

Secondary sources include books, articles, magazines, journals, websites etc.

o BOOKS:
1. Author: M.P. JAIN, Indian constitutional law, Published by Lexis Nexis, Edition – 8th ,
(2017)

o WEBSITES:
1. https://www.lawteacher.net/free-law-essays/civil-law/uniform-civil-code.php
2. https://m.economictimes.com/news/politics-and-nation/uniform-civil-code-is-essential-for-
national-harmony-objections-to-it-are-spurious/articleshow/65929230.cms

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