DAVIS
PANADAN
Dharmaram
Vidya Kshetram, Bangalore
Paper Title: “Constitutionality of Personal Laws and Uniform Civil Code in India"
Abstract
The
demand for a uniform civil code has been raised right from the beginning of
Independent India as guaranteed by the constitution because of the presence of
the personal laws which is based on religion. This guarantee itself was the
choice of equality as the fundamental postulate which itself was the
consequence of discrimination in the name of religion. Personal laws based on
religion have created confusion and conflict and many of provisions in some of
the Personal laws are discriminatory and are against the basic human rights and
fundamental values enshrined in the constitution. Therefore, the call for a
uniform civil code is getting wider support especially among the educated
segment of the population of India. This issue divides for and against and is
seen devoid of pragmatic considerations. The main task of my paper “Constitutionality of Personal laws and
Uniform Civil Code in India” is that whether Personal laws come under the
purview of Indian Constitution and whether Personal laws are constitutionally
valid. I will also critically examine judiciary’s movement towards uniform
civil code, the pros and cons for a uniform civil code and will suggest some solutions.
Adv.
Davis Panadan CMI, a Research student pursuing PhD in law at the National
Law School of India University, Bangalore, holds LL.M from the same institution
and a Licentiate in Oriental Canon Law from Pontifical Oriental Institute,
Rome. He is author of many articles and at present he is lecturer of civil and
canon law at Dharmaram Vidya Kshetram, Bangalore. He is specialized in Human
Rights laws and the Constitution of the Country.