Published January 12, 2024 | Version v1
Journal article Open

UNIFORM CIVIL CODE IN INDIA: IMPLICATIONS FOR GUARDIANSHIP AND ADOPTION LAWS

  • 1. LL.M. Student, The Christ University, Bengaluru.
  • 2. ROR icon Christ University

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ABSTRACT

India, a diverse nation with a myriad of personal laws governing various aspects of family and civil matters, has long debated the implementation of a Uniform Civil Code (UCC). From birth to death, religion influences the lives of individuals, and personal laws have been meticulously crafted to cater to the diverse demands of its citizenry. Article 44 of the Indian Constitution, often called a social document, places a non-mandatory duty upon the state to strive for a UCC. This research paper explores the potential impacts of implementing a UCC within the Indian legal landscape, particularly concerning guardianship and adoption. The paper critically examines the existing legal provisions and practices under various personal laws and envisions how they might transform a uniform code. Furthermore, this paper seeks to unveil the broader implications of such legal transformations, focusing on the evolving rights and responsibilities of children and their guardians over time. Aspects such as inheritance, custody, and the overall well-being of children are integral to this discussion. This paper contributes to the ongoing discourse by offering a comprehensive overview of the potential effects of UCC implementation on guardianship and adoption in India. It underscores the significance of evaluating this substantial legal reform's cultural, social, and legal dimensions. By analysing the expected changes in the legal framework, this research provides valuable insights into how future generations may navigate the evolving landscape of guardianship and adoption. It highlights the potential benefits, challenges, and considerations that policymakers, legal practitioners, and society should contemplate in seeking a more uniform and equitable legal system.

Keywords: Uniform Civil Code, Guardianship, Adoption, Personal Laws etc.

 

 

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