ijalr

Trending: Call for Papers Volume 4 | Issue 4: International Journal of Advanced Legal Research [ISSN: 2582-7340]

CHALLENGES IN IMPLEMENTATION OF A UNIFORM CIVIL CODE & COMPARATIVE ANALYSIS – Eashita Raj

ABSTRACT

This paper examines the multifaceted challenges inherent in implementing a uniform civil code within the context of religious pluralism. Grounded in legal theory and socio-legal analysis, the study explores the complexities of harmonising diverse religious laws governing personal matters such as marriage, divorce, inheritance, and adoption into a unified legal framework. Drawing upon constitutional principles, the research investigates the tension between safeguarding religious freedoms and minority rights and the imperative of establishing a uniform legal system applicable to all citizens.

Furthermore, the study delves into the societal dynamics surrounding the proposed uniform civil code, including resistance from religious leaders and traditionalists, and its potential impact on social cohesion and interreligious relations. Gender equality emerges as a critical consideration, necessitating an examination of discriminatory practices entrenched in religious laws and their alignment with constitutional guarantees. Additionally, the dissertation analyses the political dimensions shaping the discourse and implementation of a uniform civil code, highlighting electoral dynamics, party agendas, and governance structures. Operational challenges such as legal literacy, administrative capacity, and enforcement mechanisms are explored, alongside insights gleaned from international and comparative legal perspectives.

By elucidating these issues, the dissertation contributes to a comprehensive understanding of the complexities involved in implementing a uniform civil code amidst religious pluralism, offering insights for policymakers, legal practitioners, and scholars grappling with this intricate legal and societal terrain.