Academic Blueprint for the Implementation of a Uniform Civil Code for India

Shetreet, Shimon

Journal: Utah Law Review

Volume: 2011

Year: 2011

Bluebook Citation: 2011 UTAH L. REV. (2011)

Author: Shimon Shetreet: all 5 publications


Abstract

For more than sixty years, Article 44 of the Constitution of India, which requires the implementation of a uniform civil code in Inida, has been overlooked—if not by words, then by deeds. However, it exists, and must be applied. The guidelines suggested in this Article—implementation by the legislature rather than the courts, parallel application of civil and religious law, graduate application of provisions of the code, and both intercommunity mediation and individual mediation—could serve as a blueprint for a scholarly discourse on the implantation of a uniform civil code in India.

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