Common Civil Code in India

Topics: Common law, Marriage, Law Pages: 19 (7084 words) Published: May 2, 2011

The aim of this research paper is to determine the extent and scope of Research Methodology on the society through research and by using different cases and events to determine the total effect of the common civil code in India. It explains the extent of common civil code in India with cases and circumstances wherever necessary. Aims and Objectives

* To determine the extent of common civil code in India
* To discuss the impact of common civil code
* The effects on The Indian Society
* The various Pro’s and Con’s of common civil code.
Sources of Data:
The researchers have extensively relied on primary sources of data such as case laws and secondary sources such as articles, books, journals, etc. Mode of Writing
The mode of writing is descriptive and analytical of the different cases and the book, article etc.
Mode of Citation
A uniform mode of citation has been followed throughout the papers. These citations are based the book “The Blue Book Of Citations”.

Common civil code of India is a term referring to the concept of an overarching Civil Law Code in India. A common civil code administers the same set of secular civil laws to govern all people irrespective of their religion, caste and tribe. This supersedes the right of citizens to be governed under different personal laws based on their religion or caste or tribe. Such codes are in place in most modern nations. The common areas covered by a civil code include laws related to acquisition and administration of property, marriage, divorce and adoption. This term is used in India where the Constitution of India attempts to set out a common civil code for its citizens as a Directive Principle, or a goal to be achieved. The mere three words and the nation break into hysterical jubilation and frantic wailing. These three words are enough to divide the nation into two categories - politically, socially and religiously. Politically, the nation is divided as BJP, which propagates implementation of the Common Civil Code and the non BJP including the Congress party, Samajwadi party, who are against the implementation of the Common Civil Code. Socially, the intelligentsia of the country, who analyse logically the pros and cons of the Common Civil Code and the illiterate who have no opinion of their own and succumb to the political pressure are at opposite poles. And, religiously, there is a dangerous widening schism between the majority Hindus and the minority community mostly the Muslims

In India, most family laws are determined by the religion of the parties concerned. Hindus, Sikhs, Jains and Buddhists come under Hindu law, whereas Muslims and Christians have their own laws. Muslim law is based on the Sharia. The personal laws of other religious communities were codified by an Act of the Indian parliament. Other sets of laws such as criminal laws and civil laws on contract, evidence, transfer of property, taxation were also codified in the forms legislation.

This debate on Common Civil Code dates back to the colonial period. The Lex Loci Report of October 1840 emphasized the importance and necessity of uniformity in codification of Indian law relating to crimes, evidences, contract etc., but it recommended that personal law of Hindus and Muslims should be kept outside such codification. In Hindu law there are two principal schools, Dayabhaga and Mitakshara. Mitakshara is again subdivided into four minor schools. Beside, the custom of sadachar also occupies important position. Attempts to reform Hindu law by legislative processes commenced during British period. Reforms such as The Caste Disabilities Removal Act, 1850, the Hindu Widow Remarriage Act, 1856, the Hindu Inheritance(Removal of Disabilities) Act, 1928, the Hindu law of Inheritance(Amendment) Act, 1929, the Hindu Gains of Learning Act, 1930, the Hindu Women's Right to Property Act,...
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