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Muslim Personal Laws Vis-S-Vis Uniform Civil Code: Prospects And Constraints, Sukdeo Ingale, Priyanka Gawai
Muslim Personal Laws Vis-S-Vis Uniform Civil Code: Prospects And Constraints, Sukdeo Ingale, Priyanka Gawai
Sukdeo Ingale
This paper addresses the tousle between Muslim personal laws and Uniform Civil Code. India is a multi-religious ‘secular’ country, where every religion is divided in different sects and denominations having their different (and sometime contradicting) customs and traditions. The personal laws based on such customs and traditions having ‘utmost religious content’ govern various matters including marriage, divorce, succession, inheritance, adoption, maintenance, guardianship, etc. This created difficulties in distribution of justice. To answer this issue, ‘the idea of Uniform Civil Code’ was first mooted in the Constituent Assembly in 1947. Uniform Civil Code, only three words have divided the nation into …
Freedom Of Religion, Avihay Dorfman
Freedom Of Religion, Avihay Dorfman
Avihay Dorfman
Why it is that the principle of freedom of religion, rather than a more general principle such as liberty or liberty of conscience, figures so prominently in our lived experience and, in particular, in the constitutional commitment to the free exercise of religion? The Paper argues, negatively, that the most prominent answers offered thus far fall short; and positively, that the principle of freedom of religion arises out of a thicker understanding of the much neglected relationship between religious liberty and democracy. Indeed, a proper account of the legitimacy of the democratic process, I argue, dissolves the mystery surrounding freedom …