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Author: Shimon Shetreet
Publisher: Oxford University Press
ISBN: 0199089477
Category : Law
Languages : en
Pages : 301
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Book Description
Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book provides a blueprint for alternative frameworks and courses of action, drawing on lessons from comparative context to develop a Uniform Civil Code for India. It explores the interplay between issues of law, culture, and religion in light of various intra-community and inter-community disputes. The book proposes a series of guidelines and considerations to inform this process. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The Courts can resolve certain specific points but the comprehensive code is a legislative function and not for judicial resolution. The second guideline suggests the parallel application of civil and religious law. The securing of a Uniform Civil Code must not negate the possibility of citizens availing themselves of religious law-if they so wish. The third guideline advises a gradual application of a Uniform Civil Code. The development of the code should be done topic by topic, chapter by chapter. The fourth guideline is to deploy tools of mediation in both the formation of the code and its implementation. This mediation should take on two forms—intercommunity mediation and individual mediation. The first of these two relates to a dialogue between the communities of India, to advance an agreement upon the substantive provisions of the Uniform Civil Code. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.
Author: Shimon Shetreet
Publisher: Oxford University Press
ISBN: 0199089477
Category : Law
Languages : en
Pages : 301
Get Book Here
Book Description
Article 44 of The Constitution of India, provides that 'The State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.' Even after more than six decades, this anticipated code has not been developed or implemented. This book provides a blueprint for alternative frameworks and courses of action, drawing on lessons from comparative context to develop a Uniform Civil Code for India. It explores the interplay between issues of law, culture, and religion in light of various intra-community and inter-community disputes. The book proposes a series of guidelines and considerations to inform this process. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The Courts can resolve certain specific points but the comprehensive code is a legislative function and not for judicial resolution. The second guideline suggests the parallel application of civil and religious law. The securing of a Uniform Civil Code must not negate the possibility of citizens availing themselves of religious law-if they so wish. The third guideline advises a gradual application of a Uniform Civil Code. The development of the code should be done topic by topic, chapter by chapter. The fourth guideline is to deploy tools of mediation in both the formation of the code and its implementation. This mediation should take on two forms—intercommunity mediation and individual mediation. The first of these two relates to a dialogue between the communities of India, to advance an agreement upon the substantive provisions of the Uniform Civil Code. The second relates to mediation between individuals, in occasions where dispute arises in the realm of personal law.
Author: M. S. Ratnaparkhi
Publisher: Atlantic Publishers & Dist
ISBN: 9788171567225
Category : Law
Languages : en
Pages : 140
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Book Description
The Book Contains An Analytical, Graphic And Yet, Judicious Study Of The Much Debated And Controversial Topic Of A Suitable Legislation On Uniform Civil Code For All The Citizens Of India Despite Their Religion Or Race Or Ethnicity In Compliance With The Consti¬Tutional Mandate Under Article 44. The Author Has Most Capably And Creditably Examined The Subject In All Its Multi¬Dimensional Aspects And In View Of The Fact That, Like In India, In Almost All Countries Of The World, Muslims Co-Exist With Other Religion/Ethnic Or Racial Groups And Are Governed By The Same Civil Laws Without Any Animus Or Discordant Relationship With Their Fellow Countrymen. Relevant Ayyats Have Been Quoted From The Quran Along With Various Judicial Verdicts, Vis-A-Vis The Reforms Made In Other Islamic Countries Of The World, Wherein Personal Laws Have Been Subjected To Suitable Change In View Of The Prevalent Local Conditions. The Author Has Dispassiona¬Tely And Unequivocally Brought Before The Intelligentsia The Fact That Unfortunately The Subject Has Generated A Lot Of Unavoidable And Spiteful Controversy, Which Sprung Not From Reasons, But From Misconstructed Religious Sentiments. The Entire Contents Of The Book Are Thought Provoking, And They Give An Impetus To Intellectuals To Explain To The People In General, And Muslim In Particular, The Merits And Advantages Of The Uniform Civil Code And Exterminate Their Unfounded Fears.
Author: Tahir Mahmood
Publisher:
ISBN: 9788186609019
Category : Civil law
Languages : en
Pages : 208
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Book Description
Author: Prem Bisht
Publisher:
ISBN:
Category :
Languages : en
Pages : 156
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Book Description
India is currently amidst a transition, its' society is becoming more educated, connected and exposed. There is a debate brewing, laws once set in place to bring order to the society may no longer be in-line with the Indian principles. Principles that the people of India adopted for themselves, embodied in the form of their Constitution. After more than 70 years of various judgments and legislation, is India ready for one nation one code? This book aims to bring more people to an important ongoing debate. A debate surrounding Uniform Civil Code (UCC). It sinks the reader into the world of diversities that exist in plain sight in order to appreciate the extent to which this law can reshape the Indian society. The content of this book will suit both legal researchers and interested individuals who seek to understand the complex nature of personal laws in India.
Author: Partha S. Ghosh
Publisher: Routledge
ISBN: 1136705112
Category : Law
Languages : en
Pages : 353
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Book Description
It is a political study of the controversy surrounding the issue of the uniform civil code vis-à-vis personal laws from a South Asian perspective. At the centre of the debate is whether there should be a centralized view of the legal system in a given society or a decentralized view, both horizontally and vertically. This issue is entangled within the threads of identity politics, minority rights, women’s rights, national integration, global Islamic politics and universal human rights. Champions of each category view it through their own prisms, making the debate extremely complex, especially in politically and socially plural South Asia. So, this book attempts to harmonize the threads of the debate to provide a holistic political analysis.
Author: Gerald James Larson
Publisher: Indiana University Press
ISBN: 9780253214805
Category : History
Languages : en
Pages : 376
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Book Description
Most of the papers presented at a conference held at Bloomington in 1999; some previously published.
Author: Nandini Chavan
Publisher: Hope India Publications
ISBN: 817871079X
Category : Women
Languages : en
Pages : 377
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Book Description
The basic objective of this book is to explore the possibilities of reform in Muslim Personal Law and Hindu Personal Law from women rights perspective. It is a long, complex discourse. But the key factor in the whole discourse is gender . The issue of Uniform Civil Code (UCC ) is being hugely politicized and communalized by communal forces in the name of religion. But the endeavour here is to see the whole issue objectively through the lens of gender equality.
Author: M. P. Raju
Publisher: Anamika Pub & Distributors
ISBN: 9788174951816
Category : Civil law
Languages : en
Pages : 408
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 56
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Book Description
Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1722
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Book Description
