THE DISSENT BETWEEN UNIFORM CIVIL CODE (UCC) AND CUSTOMARY LAW: AN OVERVIEW
Keywords:
Uniform Civil Code, customary law, women rights, tribal rights, traditional practiceAbstract
Customary law encompasses the age old traditional practices of the people, indigenous or otherwise. These laws are flexible in nature and often ignite debate and leads to certain disagreement at local, regional or national level. The recent debate and discourse on UCC sparked many of the issues mainly concerning gender. This paper tries to highlight the contradictory position of UCC, customary law and women, tribal rights et cetera. The tribal population of the country are often thrown in the dilemma of functioning with the current issue.
References
I. The Constitution of India, 1950
II. Parminder Kaur, PersonaL laws of India vis-a-vis Uniform Civil Code a retrospective and prospective discussion, law mantra think beyond others (International Monthly Journal, I.S.S.N 2321 6417) Journal.lawmantra.co.in www.lawmantra.co.in
III. Mohd. Ahmed Khan vs. Shah Bano Begum AND Ors. date of judgment23/04/1985
IV. Topi Basar, Uniform Civil Code And Tribal Customary Laws-Uniformity In Diversity?, October 21, 2016 available at http://www.livelaw.in/uniform-civil-code-tribal-customary-laws-uniformity-diversity/
V. Topi Basar, Necessity of codified customary laws – an emergent need, https://thedawnlitpost.com/necessityofcodifiedcustomarylawsanemergentneed/
VI. Saqib Khan, Customary Laws VS. Gender Equality in Nagaland, http://raiot.in/customary-laws-vs-gender-equality-in-nagaland/
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