Global Perspectives On Uniform Civil Code: Comparative Analysis On Legal Uniformity And Cultural Pluralism
- IJLLR Journal
- 3 hours ago
- 1 min read
Jeya Bharathi Sivakumar, Christ (deemed to be university) Delhi NCR
1. ABSTRACT
The Uniform Civil Code (UCC) seeks to replace religion-based personal laws with a uniform code applicable to matters of marriage, divorce, inheritance, and adoption. Article 44 of the Indian Constitution calls for a UCC, but its enactment has been controversial given India's diversity. However, specific states have passed a unified legal code, including Goa, which has adopted the Portuguese Civil Code, and Uttarakhand, which passed a UCC in 2024. This research paper studies the historical background, implementation challenges, and impact of UCC implementation by surveying the Goa UCC and Uttarakhand UCC and considering models of legal unification globally. Additionally, this research studies civil codes successfully implemented in countries across the globe, including France and Tunisia, which have successful legal unification while ensuring gender equality, legal certainty, and social cohesion. Reviewing these international experiences assists in developing a comprehensive assessment of best practices and important policy tools that are required for a uniform civil code to be fully functional. By evaluating the legislative framework, judicial interpretation, and socio-political related responses, this study will compare the Goa and Uttarakhand UCC as a case study of a model to build from an everlasting UCC nationwide.
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