( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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UNIFORM CIVIL CODE: CHALLENGES AND PATH AHEAD

    1 Author(s):  NEERAJ SHARMA

Vol -  8, Issue- 1 ,         Page(s) : 330 - 335  (2017 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Uniform civil code is seen as an anecdote in a diverse society like india, where people are divided across the line of religion and caste. This code has the potential to provide uniformity to the Indian society as far as the personal matters are concerned. At present, there appears to be a “total confusion” over the incoherent stipulations with respect to marriage, divorce, adoption, maintenance and inheritance in personal laws of different religions. The inconsistency in personal laws has been challenged on the touchstone of Article 14, which ensures the right to equality. It had been contended that right to equality is endangered by personal laws, which leads a significant sections of some religious community at a disadvantage. On the other hand there are those who invoke Article 25, which guarantees the freedom to practise, profess and propagate any religion. However, it is a matter of fact that Clause (2) of Article 25 empowers the State to frame any law to regulate or restrict “secular activity which may be associated with religious practice”.

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