Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse by Shimon ShetreetUniform Civil Code for India: Proposed Blueprint for Scholarly Discourse by Shimon Shetreet

Uniform Civil Code for India: Proposed Blueprint for Scholarly Discourse

byShimon Shetreet, Hiram E. Chodosh

Hardcover | June 8, 2015

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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 blueprintfor 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 alegislative 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 guidelineadvises 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 arisesin the realm of personal law. The proposed blueprint derives guidance from the experience of other nations and the many ways in which they have faced the challenge of introducing a civil code and maintaining respect for local community laws and social customs. The blueprint also focuses on the relationships between religion andthe state. This set of proposals should alleviate the suspicion of the Muslim community or the Hindu majority community. A Uniform Civil Code can be developed to achieve two simultaneous objectives: to maximize the sustainability of traditions and community values while also reinforcingconstitutional values that prevent discrimination and, in particular, unfair practices to girls and women in a democratic country.
Shimon Shetreet, LLB, LLM, Hebrew University, MCL, DCL, holds the Greenblatt Chair of Public and International Law at the Hebrew University of Jerusalem, Israel, and is past chairman of the Sacher Institute of Legislative Research and Comparative Law. He was a member of the Chief Justice Landau Commission on the Israeli Court System, 1...
Title:Uniform Civil Code for India: Proposed Blueprint for Scholarly DiscourseFormat:HardcoverDimensions:344 pages, 8.5 × 5.43 × 0.03 inPublished:June 8, 2015Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198077122

ISBN - 13:9780198077121


Table of Contents

AcknowledgementsSimon Shetreet: PrefaceHiram Chodosh: PrefacePart One: The Uniform Civil Code in Comparative PerspectiveIntroduction1. Comparative Anaysis of Law, Religion, and Culture2. Country Study of Law, Culture, and Religion3. Comparative Lessons and the Case of IndiaConclusion to Part OnePart Two: Mediating the Uniform Civil Code4. Conflicting Ideals of Authority5. Conflicts of Law6. Conflicts of Reform7. Social and Political ConflictsConclusion to Part Two: Institutionalizing Mediation of the Uniform Civil CodeAppendicesBibliographyIndexAbout the Authors