Modern Family Law in India Essay

3420 Words Sep 10th, 2013 14 Pages
Modern Family Law: Changing attitudes and Agendas in the Personal Laws and the Uniform Civil Code

Introduction:
In the current modern state the need for a legal centralism is required. The dominant legal model of the uniform legal system brings out the modern State and the attitude of the people. India is one of the many countries in which the uniform legal system has gained such momentum maybe not in implementation but has gained much interest in a heated political debate. Article 44 of the Constitution of India, 1950 has anticipated the eventual implementation of the uniform legal system. Article 44 in the constitution of 1950, reads,
“Uniform Civil Code for the citizens of India- the State shall endeavor to secure for the citizens
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Among the 22 member states of the Arab League, Tunisia alone explicitly prohibits polygamy; however, it is generally frowned upon in many of the more secularized Arab states, such as Egypt. Few other countries including Libya and Morocco require the written permission of the first wife if her husband wishes to marry a second, third, or fourth wife. Therefore, countries like Turkey have followed the West and abolished the personal law system.
Justice Krishna Iyer in a celebrated case has stated that, “It is surprising that dubious religious interpretations with values valid in a bygone age are being enforced in the current times by civil courts in our professedly secular state when those values have become mere legal superstitions, if not anathema for the community at large, out of a false sense of solicitude to a fancied section of society. The Indian Constitution directs that the State should endeavor to have a uniform civil code applicable to the entire Indian community” .
Irrespective of gender, the Indian community’s outlook is changing with the advent of time and is becoming more secular in nature. Men and women are treated equally and the right to equality under the Constitution is upheld in a very serious nature. A man’s uncontrolled freedom to contract into a bigamous marriage, the non-equitable treatment of woman in a marriage, the unfettered right of a Muslim man of Triple Talaq, Polygamy amongst Muslim men, these are being overlooked in a

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