Rituraj Derhgawen & Raman Goyal, BBA LL.B. (Hons.), Amity University Noida
INTRODUCTION
Personal laws in India have been a subject of substantial debate across various spheres, including academia, religion, politics, and society. They have frequently led to significant conflicts within communities and between different communities. The recent focus on personal laws has revolved around the potential creation of a uniform civil code, a matter of particular importance given the prevailing political climate in India.
The Law Commission's consultation paper on Family Law Reform was prompted by a reference from the Ministry of Law and Justice on June 17, 2016, to explore the establishment of a Uniform Civil Code. Over two years, the Commission conducted extensive research, gathering more than 75,378 suggestions for reforms in family law. Although the Commission did not view the Uniform Civil Code as necessary, it used the opportunity to address significant ambiguities surrounding personal laws in India. The consultation paper discusses various provisions within Hindu, Muslim, Parsi, and Christian Law, proposing several changes through amendments and enactments. It primarily focuses on issues such as marriage and divorce, custody and guardianship, adoption and maintenance, and succession and inheritance, aiming to enhance the fairness and equality of personal law.
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