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The Constitutional Implications Of The Uniform Civil Code In India: Analysing The Debate Surrounding

The Constitutional Implications Of The Uniform Civil Code In India: Analysing The Debate Surrounding The Implementation Of A Uniform Civil Code For All Citizens, Irrespective Of Religion




Sreejith Bose, School of Law, Christ (Deemed to Be) University

ABSTRACT

This research paper examines the constitutional implications of implementing a Uniform Civil Code (UCC) in India. The UCC aims to create a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption, applicable to all citizens irrespective of their religion. The paper analyses the debate surrounding the UCC, which has been ongoing for decades, and the constitutional challenges to its implementation. The paper examines the constitutional provisions related to the freedom of religion, the right to equality, and minority rights, which are at the center of the debate. The paper also evaluates the arguments for and against the UCC, including the need for a common civil code, the protection of minority rights, and the practical challenges of implementing such a code. The paper concludes that the implementation of a UCC would require a nuanced understanding of the constitutional framework and a careful consideration of the interests of all stakeholders, including religious minorities.

Keywords: Freedom of Religion, Right to Equality, Minority Rights, Uniform Civil Code, Religious Minorities.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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