Modern Family Law in India Essay
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 …show more content…
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