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 a 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.
Contents: Preface. 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. Appendices. Bibliography.
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