Uniform Civil Code for India

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Description
The power of the state and the freedom of religion are difficult to reconcile in the resolution of personal and family law, Should the state develop a uniform body of law, or should religious communities have the right to develop their own diverse approaches to issues of personal and family law? The present volume explores this controversial question in the context of the Indian democracy, where the Constitution anticipated but has not yet realized the development of a uniform civil code.
Providing a blueprint of alternative frameworks and courses of action towards the development of the uniform civil code in India, the volume recommends that the legislative branch take responsibility for the preparation and implementation of a uniform civil code, that religious law should remain as a parallel law system, and that any such uniform code should be developed, applied, and enforced through a process of mediation.
The authors navigate alternative paths in which a uniform civil code can simultaneously promote the sustainability of religious traditions and community values and reinforce basic human rights protections that prevent discrimination, especially against women.
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Contents
Table of Cases     
Table of Legislation    
Introduction      
Part One : The Uniform Civil Code in Comparative Perspective
1   Comparative Analysis of Law, Religion, and Culture     
2   Country Studies of Law, Culture, and Religion     
3   Comparative Lessons and the Case of India     
4   Conclusion to Part One     
Part Two : Mediating the Uniform Civil Code
5   Conflicting Ideals of Authority    
6   Conflicts of Law     
7   Conflicts of Reform     
8   Social and Political Conflicts    
9   Conclusion to Part Two: Institutionalizing Mediation of the Uniform Civil Code     
Appendices : Supreme Court Judgments Dealing with the Uniform Civil Code
Appendix 1
Appendix 2
Appendix 3
Bibliography    
Index 
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Author Details
Shimon Shetreet holds the Greenblatt Chair of Public and International Law and is past chairman of the Sacher Institute at the Hebrew University of Jerusalem, Israel. He is President of the International Association of Judicial Independence, Member of the Royal Academy of Sciences and Arts of Belgium, Former Cabinet Minister and Member of Parliament of Israel and Former Senior Deputy Mayor of Jerusalem. He has received the International Jurists Award, New Delhi, in 2010.
Hiram E. Chodosh is President and Professor of Claremont McKenna College. Prior to his arrival in Ctaremont, Chodosh served as Dean of the S.J. Quinney College of Law at the University of Utah, where he was also the Hugh B. Brown Endowed Presidential Professor of Law and Senior Presidential Adviser on Global Strategy. President Chodosh served as a Fulbright Senior Scholar in India in 2003, received the Gandhi Peace Award in 2011, and was named one of the 25 most influential legal educators in 2013.
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