The concept of Uniform Civil Code and the personal laws in India

Abstract

In many cases, the Supreme Court has held that secularism as a part of the basic structure of the Constitution. Major religions practiced in India are Islam, Hinduism, Jainism, Buddhism, Sikhism and, Christianity. In India, there are laws according to religion and Goa is the only state in India to have a UCC called as the Portuguese Civil Code or Napolean Code or Goa Civil Code. Article 25(1) states- Freedom of conscience and free profession, practice and propagation of religion. Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion Conflict between Right to freedom of religion and UCC is discussed, with particular emphasis on Goa Model i.e the Portuguese Civil Code. A guided procedure of how UCC could be implemented in India, along with the prevailing conflicts, and whether the UCC model will be successful in Indian Diaspora is discussed, with special emphasis on Muslim Personal Laws and its conflict with Hindu Laws.