International Journal For Multidisciplinary Research
E-ISSN: 2582-2160
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A Widely Indexed Open Access Peer Reviewed Multidisciplinary Bi-monthly Scholarly International Journal
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Volume 6 Issue 5
September-October 2024
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Uniform Civil Code: A Balancing Act Between Equality and Diversity
Author(s) | Kanchankumar Tejram Shewale |
---|---|
Country | India |
Abstract | This research paper examines the challenges of applying uniform legal frameworks, specifically the Uniform Civil Code (UCC), in culturally and religiously diverse contexts like India. The paper highlights how historical, geographical, and environmental factors have influenced the evolution of religious practices, particularly in personal laws. India’s colonial history, religious diversity, and political influences have shaped distinct legal systems across communities. While International human rights norms emphasize equality and non-discrimination, the implementation of a UCC must account for India's vast cultural landscape. The study underscores the importance of balancing religious freedom with individual rights, especially women’s rights, while exploring the potential conflicts between personal laws and constitutional principles of equality. Case studies such as the Shayara Bano and Shah Bano judgments further illustrate the judiciary’s role in advocating for a UCC. Drawing on international examples like Turkey, the paper explores how a secular legal framework could promote equality while being inclusive of diverse cultural practices. |
Keywords | Uniform Civil Code (UCC), Religious and cultural diversity in India, Personal laws and equality, Indian Constitution, International human rights law |
Published In | Volume 6, Issue 5, September-October 2024 |
Published On | 2024-09-13 |
Cite This | Uniform Civil Code: A Balancing Act Between Equality and Diversity - Kanchankumar Tejram Shewale - IJFMR Volume 6, Issue 5, September-October 2024. DOI 10.36948/ijfmr.2024.v06i05.27503 |
DOI | https://doi.org/10.36948/ijfmr.2024.v06i05.27503 |
Short DOI | https://doi.org/gzwpzp |
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