Constitutionality of Personal Laws and Movement Towards Uniform Civil Code in India

Authors

  • Davis Panadan Dharmaram Vidya Kshetram

Keywords:

Constitutionality, Fundamental Right, Human Right, Personal Laws, Secularism, Uniform Civil Code

Abstract

The Personal Laws based on religion have created confusion and conflict and many of provisions in some of the Personal Laws are discriminatory and are against the basic human rights and fundamental equality enshrined in the Indian Constitution. The demand for a Uniform Civil Code has been raised right from the beginning of Indian Independence and the demand is getting wider support now especially among the educated segment of the population. The paper deals with the constitutionality of Personal Laws. So the question arises that whether Personal Laws come under the purview of Indian Constitution or whether Personal Laws are constitutionally valid is analysed in detail, the movement towards Uniform Civil Code are discussed and Uniform Civil Code with its pros and cons are looked into. The paper concludes with certain practical suggestions.

Author Biography

Davis Panadan, Dharmaram Vidya Kshetram

Adv. Davis Panadan CMI, a research student pursuing PhD in law at the National Law School of India University, Bengaluru, holds LLM from the same institution and a Licentiate in Oriental Canon Law from Pontifical Oriental Institute, Rome. He is author of many articles and at present he is lecturer of civil and canon law at Dharmaram Vidya Kshetram, Bengaluru.

References

Seervai H. M., Constitutional Law of India, 2 vols., 4th ed. Bombay: Tripathi, 1991, 677.

Constituent Assembly Debates, vol. VII, 549-550.

State of Bombay v. Narasu Appa Mali, AIR 1952 Bom 84.

Sant Ram v. Labh Singh, (1964) 7 SCR 756.

Ashish Chug, “Too Personal to Be Uniform?” Lawyers Collective (July 2003), 4-10.

Srinivasa Aiyar v. Saraswathi Ammal, and Ram Prasadv, State of U.P., AIR 1952 Mad 193 and AIR 1957 All 411. Itwari v. Asghari and Shahulameedu v. Subaida Beevi, AIR 1960 All 684 and (1970) KLT 6.

Mohd. Ahmad Khan v. Shah Bano Begam, AIR 1985 SC 945.

Begum Subanu alias Saira Banu v. AM. Abdul Gafoor, AIR 1987 SC 1103.

Mangila Bibi v. Noor Hossain, AIR 1992 Cal 92.

M. Alavi v. T. V. Sofia and Bishnu Charon Mohanty v. Union of India, AIR 1992 Cal 92. AIR 1993 Ker 21 and AIR 1993 Ori 176.

Sarla Mudgal v. Union of India, 1995 (2) KLT 45.

S. N. Balasundaram, “The Conflict between Tradition and Modernity,” Journal of Dharma 11, 3 (July-September 1986), 237-38.

T. S. Devadoss, “Social Equality in a Multi-Religious Society,” Journal of Dharma 11, 3 (July-September 1986), 303.

S. S. Nigam, “Uniform Civil Code and Secularism,” G. S. Sharma, Secularism: Its Implications for Law and Life in India (Bombay: Tripathi, 1966), 160.

Tahir Mohmood, “Uniform vs. Common Civil Code in India,” Journal of Dharma 11, 3 (July-September 1986), 231.

V. R. Krishna lyer, “Strategy towards a Uniform Civil Code,” Journal of Dharma 11, 3 (July-September 1986), 219.

Meher K. Master, “Personal Laws of Religious Communities in India,” Journal of Dharma 11, 3 (July-September 1986), 266.

Asuthosh Mookerjee, Marriage Separation and Divorce, 2nd ed., Calcutta: S. C. Sarkar, 1991, 298.

CIC 1059, Canon Law Society of Great Britain and Ireland, The Canon Law: Letter and Spirit, London: Geoffrey Chapman, 1995, 58.

CCEO 780, Canon Law Society of Great Britain and Ireland, The Canon Law, 108.

Rajeev Dhavan, “Uniform Civil Code: The Article 13 Solution,” Indian Express (2 June 1995), 8.

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Published

2015-06-29

How to Cite

Panadan, D. . (2015). Constitutionality of Personal Laws and Movement Towards Uniform Civil Code in India. Journal of Dharma, 40(2), 211–230. Retrieved from https://dvkjournals.in/index.php/jd/article/view/182