LEGAL PLURALISM V/S UNIFORMITY: DEBATING THE IMPLEMENTATION OF UNIFORM CIVIL CODE IN A DIVERSE SOCIETY

 

AUTHORED BY AASHITA BAGHEL & AYUSHI JAIN

 

 

 

ABSTRACT

India has long grappled with the complex issue of instituting a Uniform Civil Code (UCC) that would provide a common set of laws governing personal matters like marriage, divorce, inheritance, and adoption, rather than the current personal law systems based on religious affiliations. This article explores the history and background of the UCC debate in India, tracing its origins to the British colonial era and the subsequent discussions during the drafting of the Indian Constitution. It examines the key arguments made by proponents and opponents of the UCC, including concerns over preserving personal religious freedoms versus the goal of national integration and gender equality. The article also analyses recent political developments and Supreme Court rulings that have reignited the national discourse on the implementation of a UCC and deals with legal pluralism. It states the facts about non -uniformity in Indian society. Through this comprehensive overview, the paper provides context for understanding the complexity and contentiousness of this long-standing constitutional debate in India.

 

Keywords - Legal pluralism, uniformity, gender equality, religious freedom, reignited

 

INTRODUCTION

"A uniform civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies." 

- B. R. Ambedkar 

 

Definition and key aspects of UCC -  

The Uniform Civil Code[1] (UCC) is a controversial and long-debated topic in Indian politics and law. The UCC refers to the idea of having a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption, applicable to all Indian citizens regardless of their religion. Article 44 of the Indian Constitution directs the state to endeavor to secure a UCC for the citizens throughout the territory of India. However, the implementation of the UCC has faced significant opposition, primarily from religious minority groups who argue that it would violate their fundamental right to practice their religion and personal laws.  

 

The constitutionality of the UCC has been a matter of intense legal and political discourse in India. Proponents argue that the UCC aligns with the principles of equality, non-discrimination, and national integration enshrined in the Constitution. They contend that having a common set of civil laws would promote social cohesion and gender justice. Opponents, on the other hand, maintain that the UCC would infringe on the religious and cultural rights of minority communities, and that its implementation should be voluntary rather than mandatory. 

 

Legal pluralism[2], the coexistence of multiple legal systems within a single jurisdiction, has been a defining feature of Indian society for centuries. The country is home to diverse religious and cultural communities, each governed by its own set of personal laws concerning marriage, divorce, inheritance, and other familial matters. This diversity reflects. India's rich tapestry of traditions, customs, and beliefs, but it also presents challenges in achieving legal uniformity and ensuring equality before the law. 

 

However, opponents of a UCC express concerns about the potential infringement upon religious freedom and cultural autonomy. They argue that personal laws are deeply ingrained in the religious and cultural identities of communities and should be respected as a matter of individual rights. Imposing a uniform set of laws, the contend could lead to resentment, social unrest, and the marginalization of minority groups. Moreover, critics question the feasibility of implementing a UCC in a country as diverse and pluralistic as India, where religious and cultural differences run deep throughout the country.  

 

RESEARCH METHODOLOGY

The gathering of secondary data was done by the researcher as part of a doctrinal investigation. In order to present a thorough picture, a variety of sources, including articles, comments, statements and her publications, were used to combine different jurists’ points of view. To find trends in the paper’s judicial declarations, case laws were also used. 

 

Some sought of primary data also used as a part of research such as personal laws (Hindu personal law and Muslim personal law), constitution of India.  

 

HISTORICAL BACKGROUND OF THE UCC IN INDIA:

The Uniform Civil Code is a proposal to have a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption, that would apply to all Indian citizens irrespective of their religion. The aim is to replace the current system of personal laws based on the religious affiliations of the parties involved. 

 

Pre-Independence (Colonial Era)

The concept of a UCC was discussed during the colonial period, with the British administration making attempts to codify laws governing personal matters such as marriage, divorce, and inheritance. However, these efforts were limited and did not lead to the enactment of a comprehensive UCC. The Lex Loci Report of October 1840[3] – The need and demand for uniformity within the codification of Indian law with respect to crimes, evidence, and contracts was underlined. It was moreover expressed that such codification should not apply to the personacccific laws and cultural contexts of those states. In Goa, for example, the Uniform Civil Code has been in place for several decades and has influenced social norms and legal practices in matters of family law. However, the implementation and impact of such laws may differ from state to state based on factors such as religious diversity, cultural practices, and political considerations.  

 

Key provisions and Aspects of the proposed UCC –

It's important that any comprehensive implementation of a Uniform Civil Code at the national level in India would require extensive deliberation, consultation with stakeholders, and possibly even constitutional amendments, given the diverse religious and cultural landscape of the country. The Uniform Civil Code (UCC) in India is a complex and contentious issue that raises various concerns among different stakeholders. Some of the actual concerns regarding the implementation of a UCC in India include: 

1. Religious and Cultural Diversity: India is a country with rich religious and cultural diversity, and different communities follow distinct personal laws governing marriage, divorce, inheritance, and other personal matters. Implementing a UCC would require reconciling these diverse practices and traditions, which could potentially lead to resistance from certain religious and cultural groups who fear loss of identity or infringement upon their religious freedoms as mentioned in article 25, 26, 27, 28[4]. These articles protect the religious rights of the citizens throughout the country.  

2. Secularism and Freedom of Religion: India's secular ethos guarantees freedom of religion to its citizens, allowing them to follow their own personal laws based on their faith. Some argue that imposing a UCC could be seen as a violation of this principle by favouring one set of laws over others, potentially leading to religious tensions and conflicts. 

3. Gender Justice: Proponents of a UCC often argue that it would promote gender equality by providing uniform rights and protections to women across all communities. Provided under article 14 and article 15[5]. However, opponents raise concerns about the potential impact on women's rights, particularly in patriarchal societies where existing personal laws may offer certain protections to women that could be lost under a uniform code. 

4. Political Considerations: The issue of implementing a UCC is highly politicized in India, with various political parties and interest groups taking different positions based on their ideological leanings and electoral considerations. Political parties may be reluctant to support or oppose a UCC based on calculations of electoral gain or loss among different communities. 

5. Implementation Challenges: Enacting a UCC would require significant legislative effort and administrative resources to draft, debate, and implement uniform laws across the country. There may be logistical challenges in ensuring effective enforcement and compliance, particularly in regions with limited infrastructure and resources. 

6. Societal Acceptance and Education: Any attempt to introduce a UCC would require extensive public awareness campaigns and educational initiatives to garner support and address misconceptions about its implications. Building consensus and trust among diverse communities is essential for the successful implementation of a UCC. 

Overall, the concerns surrounding the Uniform Civil Code in India are multifaceted and require careful consideration of legal, social, cultural, and political factors to find a balanced and equitable solution.

 

EFFORTS TOWARDS IMPLEMENTATION OF UCC –

The Uniform Civil Code has been part of the BJP's manifesto for the 1998 and 2019 elections. In November 2019, Narayan Lal Panchariya introduced a bill in Parliament for its introduction, but it was withdrawn due to Opposition protests. Kirodi Lal Meena brought the bill again in March 2020, but it was not introduced in Parliament. There have also been petitions before the Supreme Court seeking equality in laws related to marriage, divorce, adoption, and succession. 

The 2018 consultation paper acknowledged that certain practices within the various family law regimes in India discriminate against women and need to be addressed. 

 

In the Shah Bano case[6] in 1985, regarding the rights of a Muslim woman in divorce, the Supreme Court observed that “Parliament should outline the contours of a common civil code as it is an instrument that facilitates national harmony and equality before law.” https://www.indiatoday.in/law/story/uniform-civil-code-challenges-and-debates-over-the-years-2393239-2023-06-15

 

Uttarakhand government's decision: In July 2023, the Uttarakhand government announced its decision to implement the UCC in the state. This was part of the state government's election manifesto. Formation of expert committee the state government formed a high-level expert committee to study the feasibility and modalities of implementing the UCC in Uttarakhand. The committee is expected to submit its report within 6 months. 

Drafting the UCC framework: Based on the consultations and its own research, the expert committee is in the process of drafting a comprehensive Uniform Civil Code framework for Uttarakhand. This will include provisions related to marriage, divorce, inheritance, adoption, and other personal laws. 

Implementation challenges: There are some concerns and challenges that the state government will need to address, such as ensuring the UCC respects the religious and cultural diversity of the state, protecting the rights of marginalized communities, and aligning it with the provisions of the Indian Constitution. 

Timeline for implementation: If the expert committee's recommendations are accepted, the Uttarakhand government aims to implement the UCC in the state by the end of 2024, making it the first state in India to do so. 

It's important to note that this is the status as of August 2023, and there may have been further developments or changes since then. The implementation of the UCC in Uttarakhand is still an ongoing process. On February 7, 2024, the Legislative Assembly of the state of Uttarakhand in India passed the Uniform Civil Code (UCC) Bill. On March 13, the bill was granted assent by President Droupadi Murmu. The bill claims to establish a uniform and equal set of rules on personal status law, including marriage, divorce, succession, and inheritance, that applies to all citizens of the state irrespective of religion. However, according to section 2 of the code, the law does not apply to Scheduled Tribes of the state. https://timesofindia.indiatimes.com/india/uttarakhand-becomes-first-state-to-pass-landmark-uniform-civil-code-bill/articleshow/107493657.cms 

 

Uttarakhand Chief Minister Pushkar Singh Dhami said the new law’s aim is “equality, uniformity, and equal rights” and that “the UCC will mainly remove the discrimination against women.” He also said that “the new legislation is not against any religion or community but will bring uniformity in the society.” https://timesofindia.indiatimes.com/india/uttarakhand-becomes-first-state-to-pass-landmark-uniform-civil-code-bill/articleshow/107493657.cms 

 

However, the bill has come under criticism from opposition parties as well as religious minority and women’s rights organizations. The opposition stated that the bill was aimed at “extracting political mileage” ahead of national elections in April-May 2024 and accused the government of rushing the passage, as the draft should have been sent to a select committee for review before a final vote. According to the Associated Press, Yashpal Arya, an opposition Congress party lawmaker said that “this is a nefarious political design to drive a wedge in the society on religious lines.” 

 

Time reports that Jamiat Ulema-e-Hind, a leading Muslim organization of religious scholars, said that “we cannot accept any law that is against Sharia because a Muslim can compromise with everything, but he or she can never compromise on Sharia and religion.” Women’s rights and legal experts also expressed concern over the requirement to register live-in relationships as “moral policing” and as an “invasion of privacy.” A statement from Uttarakhand women’s rights organizations stated:  

 

While seemingly being uniform across religions, the Bill is actually criminalising and regulating constitutionally acceptable behaviours, like adult consenting cohabitation, called “live in’, reducing autonomy and choice, which the women in this country have attained through concerted efforts, inside the homes and on public platforms. Moral policing measures have been introduced in this regard. What is shocking is that this law is applicable even to those living outside Uttarakhand, apart from being applicable on all residents of the state including those who do not have a domicile. (“India: Legislative Assembly of Uttarakhand Enacts Uniform Civil Code,” 2024) [7]

 

LEGAL PLURALISM V/S UNIFORMITY

Legal pluralism and uniformity represent two contrasting approaches to legal systems within diverse societies, and the debate over implementing a Uniform Civil Code (UCC) is often framed within this context. 

1. Legal Pluralism: This approach recognizes and accommodates the existence of multiple legal systems within a society, often reflecting different cultural, religious, or customary norms. In a legally pluralistic society, different communities may adhere to their own sets of laws and dispute resolution mechanisms. Proponents argue that legal pluralism respects diversity and promotes cultural autonomy. 

2. Uniformity: On the other hand, uniformity advocates for a single, standardized legal system that applies equally to all members of society, irrespective of their cultural or religious background. The implementation of a Uniform Civil Code aims to establish uniform laws governing personal matters such as marriage, divorce, inheritance, and adoption. 

The debate over implementing a Uniform Civil Code in a diverse society like India, for example, is complex and multifaceted:

Arguments for UCC: Supporters of UCC argue that it promotes gender equality, social justice, and national integration by ensuring equal rights and treatment for all citizens regardless of their religious or cultural affiliations. They contend that a uniform legal framework is necessary to uphold fundamental rights and prevent discrimination, particularly against marginalized groups. 

Arguments against UCC: Opponents of UCC raise concerns about cultural imperialism, religious freedom, and the potential erosion of traditional customs and practices. They argue that imposing a uniform code may infringe upon the religious and cultural rights of minority communities, leading to social unrest and disharmony. They also point out the challenges of reconciling diverse legal traditions within a single legal framework. 

 Ultimately, the debate over implementing a Uniform Civil Code requires careful consideration of various factors, including principles of justice, cultural sensitivity, social cohesion, and individual rights. Finding a balance between legal pluralism and uniformity is crucial in navigating the complexities of governance in diverse societies. 

 

PERSONAL LAW AND UNIFORM CIVIL CODE

In India, personal laws govern matters such as marriage, divorce, inheritance, and succession based on the religious or customary practices of different communities. These personal laws are applicable to individuals based on their religious affiliation or customary practices, and they coexist alongside general civil laws enacted by the Indian Parliament. 

The personal laws in India are primarily derived from religious texts, customs, and traditions, and they vary depending on the religious or cultural background of the individual. The major religious communities in India, such as Hinduism, Islam, Christianity, Sikhism, and others, have their own set of personal laws. The implementation of a Uniform Civil Code (UCC), as envisaged in Article 44 of the Indian Constitution, remains a subject of debate and discussion in India.

 The UCC aims to replace personal laws with a common set of laws applicable to all citizens irrespective of their religious or cultural identity. However, resistance to the implementation of a UCC exists among certain religious and cultural groups who view it as a threat to their identity and autonomy. 

Some arguments against the implementation of a UCC include concerns about religious freedom, cultural diversity, and the potential erosion of minority rights. Critics argue that personal laws are deeply ingrained in the religious and cultural identities of communities and should be respected as a matter of individual rights. Some of the majr personal las in india includes: 

Hindu Personal Law: Governed by statutes such as the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, and others. These laws apply to individuals belonging to the Hindu, Jain, Buddhist, and Sikh communities. 

Muslim Personal Law: Governed by Islamic law or Sharia, as well as statutes like the Muslim Personal Law (Shariat) Application Act, 1937. These laws apply to individuals belonging to the Muslim community. 

Christian Personal Law: Governed by statutes such as the Indian Christian Marriage Act, 1872, and the Indian Succession Act, 1925. These laws apply to individuals belonging to the Christian community. 

Parsi Personal Law: Governed by statutes like the Parsi Marriage and Divorce Act, 1936, and the Parsi Succession Act, 1865. These laws apply to individuals belonging to the Parsi community. 

In the State of Bombay vs. Narasu Appa Mali[8] case is a significant legal landmark in Indian jurisprudence. It pertains to the conflict between personal laws and the State's efforts to enforce social reforms, particularly in the context of marriage and divorce laws. In this case, the Bombay High Court ruled that personal laws, which are based on religious customs and traditions, are not subject to constitutional scrutiny. The court held that personal laws are not laws enacted by the legislature and, therefore, are not within the purview of Article 13 of the Indian Constitution, which deals with laws inconsistent with or in derogation of fundamental rights. The decision essentially established that personal laws, including those governing marriage, divorce, and inheritance, are exempt from constitutional scrutiny. This has had significant implications for the Uniform Civil Code debate in India and the balance between religious freedom and state intervention in personal matters. The case remains relevant in discussions surrounding legal reforms, especially regarding the implementation of a Uniform Civil Code as envisioned in Article 44 of the Indian Constitution. 

 

People considers religion above all aspects and are concerned for safeguarding their custom, ethics and values by continuing them. Generally, they argue that origin of personal laws is divine origin and its can’t be changed or amended, which is not true. And from all these concepts of various communities throughout India there is huge variation in laws that governs the people of different religion like Hindus of north and south both have different sets of law for civil matters whereas Muslim, Christians and Sikhs have their own sets of laws for civil matters. Likewise in Muslims inheritance rules of Shias and Sunnis is different. Most of the countries throughout the globe are trying to mend this difference even Muslim countries are modifying their personal laws to make it uniform for all citizens. 

 

Arguments that favour implementation of Uniform Civil Code in India are:

1. Indian personal laws are highly based on traditional mindset and stereotypes which is ambiguous for modern society. 
2. Its majorly focuses on patriarchal society in which women are not provided with proper rights and there is gender bias resulting in injustice to female. 
3. Majority of the population is against such system as traditionalism is today moulding towards new advanced nation where inter-caste and even inter-religion marriages are common and personal laws create hurdles in such relationship. In long terms also during inheritance and   divorce etc. 
4. Muslim women in India face specific challenges due to the non-uniformity of personal laws across religions. Here are some of the key issues: 
   1. 1. Divorce: Under Muslim personal law, a husband has the unilateral right to divorce his wife by pronouncing "talaq" (divorce) three times, often without the need for judicial intervention. This practice, known as "triple talaq," has been criticized for leaving women vulnerable to arbitrary and instant divorce, without adequate legal recourse.
      2. Maintenance: Muslim women may face difficulties in obtaining maintenance (financial support) from their husbands after divorce, as the law does not always guarantee them a fair share of marital assets or adequate financial support for themselves and their children.
      3. Inheritance: In matters of inheritance, Muslim women may receive unequal treatment compared to men. Under Islamic law, female heirs may be entitled to half the share of male heirs in certain situations, leading to disparities in inheritance rights. 
      4. Polygamy: While polygamy is legally restricted in India under the Hindu Marriage Act, it is permitted under Muslim personal law, allowing Muslim men to have multiple wives. This practice can negatively impact the social and economic well-being of women and their families. 
      5. Child Marriage: Although child marriage is prohibited by law in India, some Muslim personal laws may allow for underage marriages with certain conditions. This can result in violations of the rights of girls and lead to adverse consequences such as early pregnancies, limited education opportunities, and increased health risks. 
      6. Access to Justice: Muslim women may face barriers in accessing justice and legal remedies due to cultural and societal pressures, lack of awareness about their rights, and limited availability of legal support services tailored to their specific needs. 

 

Overall, the non-uniformity of personal laws across religions in India can exacerbate the challenges faced by Muslim women, particularly in matters of marriage, divorce, maintenance, inheritance, and child rights. Efforts to address these issues often involve advocating for legal reforms, promoting gender equality, raising awareness about women's rights, and providing support services to empower Muslim women to assert their rights and access justice. 

 

In the Mohammad Ahmed Khan v. Shah Bano[9] case, also known as the Shah Bano case, is a landmark legal case in India that dealt with the rights of Muslim women in matters of maintenance after divorce. In this case, Shah Bano, a Muslim woman, sought maintenance from her husband, Mohammed Ahmed Khan, under Section 125 of the Code of Criminal Procedure (CrPC), which provides for maintenance to wives, children, and parents who are unable to maintain themselves. Khan argued that since Shah Bano was governed by Muslim personal law, she was not entitled to maintenance beyond the iddat period (the period of waiting after divorce) as prescribed by Islamic law. The Supreme Court of India ruled in favor of Shah Bano, holding that Section 125 of the CrPC applies to all Indian citizens, irrespective of their religion, and that Muslim women are entitled to maintenance under this provision. The court held that if Muslim women were denied maintenance under Section 125, it would be discriminatory and violative of their fundamental rights guaranteed under the Indian Constitution. However, the judgment sparked widespread controversy, particularly among conservative Muslim groups who argued that the court's decision interfered with Islamic personal law. In response to the backlash, the Indian Parliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986, which limited the maintenance amount for divorced Muslim women to the period of iddat only, effectively overturning the Supreme Court's decision. The Shah Bano case remains a significant moment in the discourse on women's rights, religious personal laws, and the balance between constitutional guarantees of equality and religious freedoms in India. 

 

In the Shayara Bano v. Union of India[10]8case, also known as the Triple Talaq case, is a landmark legal case in India that addressed the constitutionality of the practice of instant triple talaq (talaq-e-biddat) among Muslims. Shayara Bano, a Muslim woman, petitioned the Supreme Court of India challenging the practice of triple talaq, where a Muslim man could divorce his wife by uttering the word "talaq" three times, often in a single sitting, without any reasonable cause or due process. Bano argued that this practice violated her fundamental rights to equality, dignity, and non-discrimination guaranteed under the Indian Constitution. In a historic judgment in August 2017, the Supreme Court of India declared the practice of instant triple talaq unconstitutional and struck it down as arbitrary and violative of Muslim women's fundamental rights. The court held that triple talaq had no basis in the Quran and was inconsistent with Islamic law principles. The judgment was hailed as a victory for gender justice and women's rights in India. The Supreme Court's ruling prompted the Indian government to introduce legislation criminalizing the practice of instant triple talaq. In 2019, the Muslim Women (Protection of Rights on Marriage) Act was enacted, making the pronouncement of instant triple talaq a cognizable offense punishable by imprisonment. The Shayara Bano case marked a significant step towards gender equality and the protection of women's rights in India, particularly within Muslim personal laws. It underscored the importance of ensuring that religious practices are in harmony with constitutional principles of equality and justice. 

 

Arguments against implementation of UCC:

1. Threat to Minority Rights: Critics argue that a UCC could potentially infringe upon the rights and autonomy of religious and cultural minorities by imposing a uniform set of laws that may not align with their beliefs, customs, and traditions. They fear that a UCC could undermine the diversity and pluralism of Indian society. 
2. Violation of Religious Freedom: Opponents of a UCC contend that it could violate the constitutional right to freedom of religion, which guarantees individuals the freedom to practice and propagate their religion. They argue that imposing uniform laws across religious communities could restrict this freedom and interfere with religious practices and personal beliefs. 
3. Socio-Cultural Impact: Some argue that a UCC could disrupt social and cultural practices that are deeply ingrained in religious communities, particularly in matters such as marriage, divorce, inheritance, and adoption. They contend that personal laws reflect the diverse cultural heritage of India and should be preserved to respect the rights and identities of different communities. 
4. Potential for Social Unrest: Critics warn that the imposition of a UCC could lead to social unrest and conflict, particularly in communities where personal laws hold significant religious or cultural importance. They fear that attempts to impose uniformity in laws could provoke resistance and backlash from religious groups, potentially destabilizing social harmony. 
5. Complexity of Implementation: Implementing a UCC would require significant legal reforms and legislative amendments to harmonize diverse personal laws across religious communities. Critics argue that the process of drafting and enacting a UCC could be complex, time-consuming, and politically contentious, with challenges in achieving consensus among stakeholders. 
6. Gender Equality Concerns: While proponents of a UCC argue that it could promote gender equality by ensuring uniform rights and protections for all citizens, opponents raise concerns about the potential impact on women's rights within certain religious communities. They argue that personal laws may contain provisions that offer protections to women that are not guaranteed under a uniform code. 
7. Federalism and State Autonomy: India's federal structure grants states significant autonomy in matters of personal law. Critics argue that imposing a UCC could undermine this federal structure and encroach upon the legislative powers of states, potentially leading to conflicts between central and state governments. 

  

CONCLUSION

The debate over a Uniform Civil Code in India reflects a fundamental tension between legal pluralism and uniformity. Proponents argue that a UCC would promote national unity, gender equality, and a common Indian identity, doing away with the personal law systems that they view as antiquated and discriminatory. Opponents, however, contend that such a code would violate the religious and cultural freedoms guaranteed by India's Constitution, with disproportionate impacts on minority communities.

 

This clash of principles - between individual/group rights and the state's interest in a unified legal framework - has been the crux of the UCC debate for decades. While the Supreme Court has continued to push for the UCC's implementation, successive governments have been reluctant to take concrete steps, wary of the political backlash that could ensue. The complexity of India's diversity, the sensitivity of personal laws, and the challenges of harmonizing religious, customary, and civil codes further complicate the path toward a universally acceptable UCC.

 

Ultimately, the future of the UCC remains uncertain, caught between the ideals of legal uniformity and the realities of India's plural legal landscape. As the national dialogue on this issue evolves, lawmakers will have to carefully balance the competing imperatives of individual freedoms, gender justice, and the state's unifying vision. The resolution of this long-standing constitutional debate will have profound implications for the nature of citizenship and the boundaries of secularism in the world's largest democracy.

 

 

REFERENCE

1.theamikusqriae.com. (2023, March 3). Retrieved April 12, 2024, from https://theamikusqriae.com/uniform-civil-code-in-india-an-examination-of-its-feasibility-and-implications/#:~:text=It%20applies%20uniformly%20to%20everyone,and%20commonality%20among%20the

2.uniform civil code. (2024, March 8). Retrieved April 12, 2024, from https://en.m.wikipedia.org/wiki/Uniform_Civil_Code#:~:text=British%20India%20(1858%E2%80%931947),-See%20also:%20Hindu&text=The%20Lex%20Loci%20Report%20of,be%20kept%20outside%20such%20codification.

3. the uniform civil code of Uttarakhand. (2024, March 3). Retrieved April 12, 2024, from https://en.wikipedia.org/wiki/The_Uniform_Civil_Code_of_Uttarakhand_Act,_2024

4.Ahmad, Tariq. (2024, March 21). Legislative assembly of Uttarakhand enacts UCC. Retrieved April 10, 2024, from https://www.loc.gov/item/global-legal-monitor/2024-03-21/india-legislative-assembly-of-uttarakhand-enacts-uniform-civil-code/#:~:text=Article%20India%3A%20Legislative%20Assembly%20of%20Uttarakhand%20Enacts%20Uniform%20Civil%20Code&text=On%20February%207%2C%202024%2C%20the,assent%20by%20President%20Droupadi%20Murmu.

5. Shekhar. (2024, February 7). UCC debate. Retrieved April 20, 2024, from https://forumias.com/blog/uniform-civil-code-arguments-for-and-against-explained-pointwise

6. Uttarakhand became first state to pass landmark civil code bill. (n.d.). Retrieved April 20, 2024, from https://timesofindia.indiatimes.com/india/uttarakhand-becomes-first-state-to-pass-landmark-uniform-civil-code-bill/articleshow/107493657.cms

7. Pillalamarri. (2021, September 20). Legal Pluralism in the ancient world. Retrieved April 20, 2024, from https://studentbriefs.law.gwu.edu/ilpb/2021/09/20/legal-pluralism-in-the-ancient-world/

8. MATHUR. (2023, June 28). UCC challenges and debates over the years. Retrieved April 2, 2024, from https://www.indiatoday.in/law/story/uniform-civil-code-challenges-and-debates-over-the-years-2393239-2023-06-15

 

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[1] Uniform Civil Code https://ijcrt.org/papers/IJCRT2208583.pd (last visited on April 8, 2024)

[2] Legal pluralism  https://www.culs.org.uk/per-incuriam/legal-pluralism-in-india-divisive-and-discriminatory - :~:text=Legal%20pluralism%20is%20broadly%20the,of%20the%20Indian%20legal%20system (last visited on April 8, 2024)

[3] The lex loci report of 1840 https://en.wikipedia.org/wiki/Law_Commission_of_India (last visited on march 30, 2024)

[4] Constitution of India, Part III, Freedom of Religion

[5] Constitution of India, Part III, Right to Equality

[6]Mohd. Ahmed khan vs Shah Bano Begum and Ors, 1985 AIR 945 (1985) SCR

[7] Library of congress , article https://www.loc.gov/item/global-legal-monitor/2024-03-21/india-legislative-assembly-of-uttarakhand-enacts-uniform-civil-code/ - :~:text=Article%20India%3A%20Legislative%20Assembly%20of%20Uttarakhand%20Enacts%20Uniform%20Civil%20Code&text=On%20February%207%2C%202024%2C%20the,assent%20by20President%20Droupadi%20Murmu

[8] State of Bombay vs. Narasu Appa Mali, AIR 1952 Bom 84

[9] Mohammad Ahmed Khan v. Shah Bano, 844 (1985) SCC

[10] Shayara Bano vs UOI, (2017) 9 SCC 1