Year: 2024
Type: article
Abstract: The 42nd Amendment to the Indian Constitution[1] heralded India as a "Sovereign, Socialist, Secular Democratic Republic". This initiated a constitutional narrative that has sparked ongoing debates and scrutiny regarding the true essence of India's secularism. As the nation approaches the 2024 general elections, the ruling party has discussed the potential implementation of the Uniform Civil Code at the forefront of political discourse. Currently, numerous areas of civil law are regulated by personal laws, encompassing Hindu, Muslim, Christian, and Parsi Law. Notably, communities like Sikhs, Jainas, Buddhists, Dalits, Scheduled Castes, and tribes are categorised as Hindus under the Hindu Personal Laws[2]. The adoption of the Uniform Civil Code is intrinsically linked to the rejection of these personal laws. This raises several questions and contradictions relating to the state of multireligious secular India and its dynamics with the women’s rights movement. The introduction of a Uniform Civil Code limits the nature of legal pluralism in India and can hinder the governance of tribal societies through customary laws. Under the scope of this commentary, the authors discuss the legal pluralism in India and the impact of the introduction of a uniform civil code on customary laws of tribes placing special emphasis on the inheritance rights of tribal women. The paper also discusses the approach of the higher courts in securing property rights for tribal women in the absence of such a code.
Source: PRAWO i WIĘŹ
Author: Jyoti Singh
Institution: Christ University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4411877904