Arguendo

Arguendo is the Core Project in the Lex Coterie Group of Organizations.

Monday, 30 June 2014

Vacancy At FSA.!


A few vacancies have arose in FSA and we are inviting applications for the same. We are interested in hiring for the following posts:-


1. Advertisement Manager- This is a new post created for all the social network lovers.  If you are an expert at social media's and interested in marketing FSA and getting FSA new deals this post suits perfect to you.
Minimum qualification: Any interested candidate having completed his/her second year or is pursuing the same from any law college across the country may apply for the given post having strong managerial skills and has an expertise of negotiations.

2. Assitant Editors- 1.
Minimum qualification: Any interested candidate having completed his/her second year or is pursuing the same from any law college across the country may apply for the given post.
We request smart, professional and ambitious persons to apply in the respective area of interest in accordance with the vacancies that have arose. We would appreciate hardworking individuals who would put in all their hard work and make FSA a bigger family.

3. Twitter Handler- 1.

Minimum qualification: Has to be a law students who spend substantial amount of time on twitter. Please send the like to your twitter id as qualification requirement. (SOP is not required for this post)

Applicants are requested to mail in their C.V. and SOP to fsa.hrd@gmail.com. addressed to Kinnori Ghosh, HR (head), FSA. 

The deadline for such applications is 05.07.2014. (Saturday).

It is worthy of mention that all prima-facie selected applications shall go through a process of interview and thereafter the successful candidates shall be put on probation for one month and then made permanent to their post. Such members shall be entitled to certificate of appreciation only if their performance remains satisfactory to the core team of FSA.

For any further query, contact: Kinnori Ghosh.
HR, FSA.
Phone number:+91 7600641089.
E-mail: kinnorighosh@gmail.com.

Wednesday, 25 June 2014

ONLINE 30 DAYS WORKSHOP ON LEGAL DRAFTING FOR LAW STUDENTS

AIM:
This workshop aims to help law students with LEGAL DRAFTING skills. The course will not only incorporate the top notch heads of document drafting in the legal field but will also take in account each and every minor aspect of the same. Pursuing this 30 Days workshop will help the students in their internships and later in the career.
Duration: 30 Days
Schedule of the Course:
The Course is divided in 4 Modules.
1st Module: Legal Drafting
  • Exhaustive Study of Rules relating to Drafting under Code of Civil Procedure, 1908
  • Drafting of Plaint
  • Drafting of Written Statement
  • Bail Application
  • Drafting of Writ Petitions
  • Drafting of Power of Attorneys
  • Tasks for Drafting Each One of the Above
2nd Module: Memorial Making
  • Drafting and Marshaling of Facts
  • Classification of Case Laws according to the Facts
  • Framing up of Issues and Arguments
  • Detailing the Contentions
  • Drafting of a Memorial on the Given Case
3rd Module: Research Paper; Legal Article Writing; and Legal Research
  • Study on the Blue Book 19th Edition and OSCOLA Method of Citation
  • Framing of the Legal Article or Research paper (Framing up of the Executive Summary, Methodology, Research Hypothesis, Recommendation, Implementation Strategy )
  • Locating the Case Laws and Briefing them.
  • Case Commentary
  • Writing of a Legal Article

4th Module: Contract Drafting
  • Key Contract Concepts necessary for Drafting
  • Framing up of a Contract
  • Structuring of the Contract
  • Model Contract Drafting
Salient Features:
  • Assignments
  • Online Notes/Study Material
  • Powerpoint Presentations
  • Audio/Visuals Content
  • Expert Advice
  • Q&A Support
  • Sample Legal Docs and Formats
  • Rewards for Good Performance in Assignments
Fee Structure: Rs.1000/-(for Indian applicants) & $50 for International Applicants
Certificate of Accomplishment:
The students will be required to submit assignments at regular intervals. The assignments thus submitted will reside as the property of Legal Desire. Students who complete their assignments on time with satisfactory results will be awarded with the Certificates after the completion of this workshop followed by a  final exam to be conducted on 23rd August, 2014.
Registration : 
1. Online Registration by Making Online Payment of Fees
(i) For Indian Applicants:
(ii)International Applicants. Please Use Paypal to Register for Course Registration:
                                                 (For International Users Only)
2. Offline Registration by Making Offline Payment via Bank Draft or Bank Transfer
Important Dates:
  • Registration Starts: 20th June, 2014
  • Registration Deadline: 15th July, 2014
  • Workshop Dates: 20th July- 19th August, 2014
  • Online Exam: 23rd August, 2014
  • Certificates Dispatch: 25th August, 2014
Contact: 
Abhimanyu: +91-7579253001
Tejaswini: +91-9031595961
Email: workshop@legaldesire.com
Download:

FREQUENTLY ASKED QUESTIONS FOR THIS WORKSHOP

1.What are the computer requirements for this course?
There is no special High-end requirement for Legal Desire Online Campus. You must have a good working Internet Connection and Browser (Recommended: Chrome and Mozilla) in order to take this online Course.
Also, Our Legal Desire Campus Portal is Mobile Ready. You can take this workshop with your smartphone also.
2.What is the format of an online class? How do i learn?
The Course will be taught online via Legal Desire Campus.(Online Portal of Legal Desire Courses), Regular Course Material in Pdf, Presentation, Videos and Word format will be uploaded on websitem which are in downloadable form.
3.Would i have to be online at a certain time for class?
Yes. You have to come online every day in order to get your course materials. You can login at anytime during the day and take course materials.
4.How many hours per day i have to be study or attain the class?
You need to be online whole day or fix time, you can login at anytime during the days of this workshop on regular interval as every day new chapter will be uploaded.
5.What is the pattern of exam?
Exam will be Online in Multiple Choice Questions which you will be able to give at the comfort of home from pc or laptop. There will be 50 Multiple Choice Questions in total. Also there will some assignment during the course which you need to complete in order to receive certification of this course.
6.What is the duration of exam?
The Online Exam will have time limit of 45 Minutes. Once it is started the timer will continue till the completion of test or till 45 Minutes which ever is earlier.
7.How can i get the certificate after clearing the online test ?
After successful completion of exam and submission of assignments. The Certificate will be dispatched to your mailing address submitted by you.


TheWitnessStand: One Year In CNLU, Patna.

It’s been a month staying and studying at CNLU and I have come to know what actually college life is.
It’s been a month full of joy and merry making; a month which gave me my second home with amiable family members (friends, seniors and professors). It also took a good toll of my patience and withstanding arduous circumstances’ abilities which actually primed me meticulous and painstaking.
I’m always betrothed with some work in the college and have a particular schedule which I’ve been following for the last one month and I really keen on it because it always keeps me active and occupied. In the beginning I felt that it won’t be possible for me to keep pace with the new schedule and would surely fall behind, but gradually I was in the swing of the new things and was ready to gear up to the changes. The Parliamentary Debate sessions, the mock MUN sessions, the juvenile politics, girls ‘and’ friends, are all quite engaging and endearing but above all these, are those people who are actually behind all these activities (except for the “girls ‘and’ friends” part) and without whose support and efforts we wouldn’t have had these myriad opportunities: our seniors.

Before arriving at the college, I wondered how the college is going to be, and essentially how the seniors (especially the immediate seniors) are going to be; callous, harsh, unsympathetic, inconsiderate or any other adjective synonymous to these? But to my surprise they turned out to be warm-hearted, soft, sympathetic and considerate.
They are quite helpful, understanding and always there to help and guide you whether it be related to any subject matter or extracurricular activities. There is no fear in our minds when we communicate with them. What we have for them in our minds is admiration and the words ‘Sir’ and ‘Ma’am’ come out of respect for them and not because of any pressure or unwarranted influence. There is nothing called ‘gap’ between us for the reason that we have developed a fiduciary relationship now.
There are all kinds of seniors available here- one to help and assist you with your studies, another to help you out with your extracurricular activities and another to advise you how to tackle with the exam trepidation. Some are ‘sociologists’ who would go on advising you about how to socialize with others in the college and here happens to be some ‘psychologists’ as well who would tell you what kind of a mindset one has and whether it is advisable to converse with any particular person or not. This is the reason why I personally like to touch base with them on a regular basis. The positive interaction which we had in our introduction sessions during the first couple of weeks with our seniors was quite beneficial as you get to gel up with them and with your batch mates as well and also get to know the protocols of college life. Every time I felt like having more and more of such interactions. It’s quite obliging to have such understanding and cooperative seniors.



About the Author:-


Utkarsh                                                                                                                    
Campus Correspondent
3rd Semester, CNLU, Patna

Tuesday, 24 June 2014

Interning In A Village: What you Need To Keep In Mind.!

The author Tejaswini Ranjan is a current 5th Semester student of CNLU Patna who has been interning for the last one month in  Zarap Village ( Kudal, Sindudurg, Maharashtra). She put forward the 10 points anyone should remember when you choose to intern in a village.! 



1. When you land in a village where the language(s) you speak is/are neither spoken nor, understood by the people; you automatically develop the skill of using sign language and end up learning at least a bit of that language.

2.  Consequently, you start pissing people(friends and relatives) with your long phone calls and chats
since, you have nobody around to talk who can understand anything you are trying to say.

3. As I had been accommodated here with a family.All you are supposed to eat is the home made food which is provided to you. You will obviously come across a wide range different delicacies (most of which you would never have heard of), if you belong to a different region (or even if you dont.!). 

4. You keep on differentiating between the village you are staying in and the one you belong to. To the natives, you state (exaggerated) facts to establish your own village to be a better one.

5. The Village timings shock you, most of the times completely. For example,  the post office functions betweeb 8:am to 11:30am. Most of the shops (they are actually very few in number) close by 6-7pm.

6. You experience a new kind of weather and imagine whether you like the weather. ( I had never come across such scary rain falls.)

7. All the ghost stories discussed, and those you watched haunt you at night. You Google for such stories from that village, you come across some, and every night pray for your survival.

8. You learn to sleep with your bed on the floor. Insects come to greet you everytime, and you eventually learn how to make peace with mosquitoes.
If you see some lizards, snakes and others around, and act fearlessly, you title yourself "KHATRON KE KHILADI".

9. You treat your laptop like a family member. You share all your emotions with it. I watched all the hindi movies repeatedly, just to make sure Hindi exists.

10. Irrespective of how much you enjoy work. you cant wait to get back.!!



Thursday, 19 June 2014

Legal Desire Online 30 Days Workshop on Drafting






Master Yourself this Summer in:

Legal Research

Memorial Making

Research Paper/Legal Article Writing

Contract Drafting

And More...

Registration Fees: Rs.1000/- only

Hurry Only Limited Spots!!!


For More Details & Register, Visit: 


www.legaldesire.com/drafting

TheWitnessStand:- 5 Reasons To Join Faculty of Law, IFHE Hyderabad.



The question might sound very difficult. Why should you study at Faculty of Law, IFHE? Noting that there is no death of law colleges in India, why choose FOL, IFHE, assuming you didn’t get through CLAT into the few top NLUs and are now looking for alternatives. In my opinion, then current question should be why not FOL, IFHE. The following will try to present an unbiased opinion as to why one should join FOL, IFHE. Please keep in mind the Faculty of Law offers BBA-LLB, which is much cooler (and a bit more hectic) then a simple BA-LLB.

1)     I am not going to give you figures of 100% placement cause for one, the first batch hasn’t passed out yet and for second, no college can guaranty 100% placement.  What I can tell you instead is that Faculty of Law, IFHE, Hyderabad is part of the ICFAI Group which includes IBS Hyderabad, one of the top B- Schools in the country, and ICFAI Law School Dehradun , which is a very prestigious law school in itself. ICFAI Group has thousands of students passing out each year from the MBA, BBA, Btech and Law programs. Hence placement scenario would be as good as if not better than most law schools. (Not making any promises here, strictly my belief)


2)     Faculty of Law, IFHE is located inside the central campus of ICFAI Group, the IBS-IFHE Hyderabad Campus. It is a 99 acre campus which includes everything from multiple gyms, tennis courts, a swimming pool, football field, badminton and squash courts, a three floor centrally air conditioned library, a medical clinic with doctors and ambulances in case of emergencies, a miniature “WalMart” (Actually a miniature store where you can get everything you would require and even some stuff you wouldn’t) and 2 canteens filled with juice parlors, bakeries, a Wings & Fry’s outlet besides the general food counter.  We even have movies show on campus from time to time thanks to the Entertainment Club of the MBA students. (I could actually go on about it for quite some time, but I am sure most of you have got the picture.)

3)     One of the biggest problem students from other parts of India face when they join a Law school in a different part is that they have an issue adjusting with the food. That would never be an issue in IFHE. Our mess is run by one of the best catering groups in India, namely, Sodexo.  We are served everything from Paneer Dosa to Allu Paratas, from Noodles to Lemon Rice. For those who are willing to spurge a bit, there are a lot of dhabas just outside the campus which serve mouth watering Hyderabadi Biriyani to Afghani Chicken. I think I have more then made my point.

4)     The Law Department has its own separate library apart from Law books being also kept in the Central Library, multiple AC classrooms, a separate computer lab. There is WiFi in the entire campus, which is actually very helpful when you need to access Manupatra (which can be accessed from our college Intranet) for your research while chilling in the canteen. Between the Legal Club, Sports Club, Cultural Club and the Moot Court Society you would have enough of extracurricular activities to keep both your mind and body sharp.

5)     Now to one of the most important features of FOL. Faculty of Law has a compulsory internship policy which means that every student has to complete atleast one internship, of the duration 4 weeks, per year. The student is expected to make a report and put forward a presentation at the end of the internship period based on what he/she had learned.  At Faculty of Law, IFHE every students is assigned a Faculty as a Mentor. The Mentor guides the student through his/her internships and helps them in case of any and every kind of problem they might encounter during the course. I shall refrain from commenting on Faculty-Student interactions in other Law colleges, but in Faculty of Law, Professors play an active role and take serious interest in the academic and extracurricular life of each and every student and are always willing to help whenever necessary.



For Further Details One Can Check Out Our Website:- http://www.ifheindia.org/fol/

Online Enrollment:- http://www.ifheindia.org/bballb/bballbprg.asp

Application Material and Form:- http://www.ifheindia.org/fol/IFHE_BBA_%20LLB_appl%202014.pdf

CALL FOR PAPERS FOR PUBLICATION IN RGNUL LAW REVIEW (RLR) (July- December- 2014)

RGNUL Law Review invites well-researched, quality contributions on contemporary and relevant issues in law with cherished object to enhance knowledge quotient and at the same time initiate intellectual dialogue and debate yielding fruitful result. Contributors are instructed to follow RLR scheme and style for the citation process, failing which their contribution will not be accepted for publication.
Last Date of submission of the manuscripts: 31st, July, 2014
For Invitation letter, click here
For RLR scheme and style used for citation, click here

For more information, visit http://rgnul.ac.in/

TheWitnessStand: DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY- A fresh name in the list of NLUs.

INTRODUCTION:-

With growing importance for quality legal education, various national law schools acquired lot of importance. To meet the requirements of students of this State, the Government of Andhra Pradesh decided to establish a new Law University and as per the decision of the Council of Ministers meeting held on 30-06-2008 the Governor of Andhra Pradesh promulgated the Andhra Pradesh University of Law Ordinance, 2008 on 8th July 2008. Subsequently the cabinet on 04-08-2008 approved Andhra Pradesh University of Law Bill, 2008, replacing the Ordinance and this Bill was passed by the State Legislature on 28th August 2008 and became an Act after the same was assented to by the Governor on 23rd September 2008. Thus A.P. University of Law came into existence with Visakhapatnam as Main Campus.
Thus, Andhra Pradesh University of Law” name changed as “Damodaram Sanjivayya National Law University” vide Andhra Pradesh University of Law (Amendment) Act, 2012 (Act No. 15 of 2012) published in the Andhra Pradesh Gazette Extraordinary dated 14th May 2012.  The Government of Andhra Pradesh has notified vide G.O. Ms. No. 63 dated 22-5-2012 that the 22nd Day of May 2012 is the date on which the provisions of the said Act shall come into force.
Further, this year the Core Committee of CLAT 2014 at its meeting held on 24-05-2014 has resolved to include DSNLU in CLAT 2014 subject to first fulfillment of certain conditions.


ACADEMICS AND ADMINISTRATION:-
The government appointed Prof. A. Lakshminath as the first Chancellor, Y. Satyanarayana as the First Vice-Chancellor and Amancherla Subrahmanyam as the first Registrar of the university, presently, the Vice-Chancellor is Prof. R.G. Babu Bhagavath Kumar and the Registrar is Prof. Pasala Sudhakar.
DSNLU conducts teaching in law and allied disciplines, with emphasis on practical training of the students in technical skills of the profession through Moot Courts, Seminars, Project Reports, Expert Lectures, work and Interns in law chambers, Court visits and conducting Legal aid and Legal literacy camps in parts of the country, the most recent one being "Abhyeti" conducted in Bhopal. The first national moot court competition of DSNLU was held on February 15 & 16.
This is the only National Law University to enter into MoUs with other National Law Universities, which are:


The Universities that have agreed in principle for exchange are:
IN BRIEF:-
Damodaram Sanjivayya National Law University (DSNLU) is a National Law University located at VisakhapatnamAndhra PradeshIndia constituted by the DSNLU Act, 2008. It offers 5 year integrated B.A LLB. (Hons.) course to eligible Undergraduate students utilizing the scores of students appearing for the Common Law Admission Test. Integrated LL.B LL.M, PhD and LL.D courses are also conducted by the university. The university has an upcoming campus in Sabbavaram(Vishakhapatnam) with over 150 acres of sanctioned land. Till then the academic and administrative building is located at sector-11, MVP Colony, Vishakhapatnam.

Official Provisional Inclusion Link:-  http://www.gnlu.ac.in/news-inner.php?newsId=96

About The Author:-

Aditi Indrani is a current student of DSNLU and a Campus Correspondent of for the Sake of Argument.

Friday, 13 June 2014

For a Better Tomorrow: Interview With Laavnaya Kaushik, Founder of NGO, Folks & Us





For the Sake of Argument Correspondent, Tripti Pandey, catches up with Ms. Laavnaya Kaushik. This young lady has already been running a NGO and making difference to lives of many around her daily. And she is only 19.!







Tripti (T): Please introduce yourself to readers.

Laavnaya Kaushik (L) : I am one of you. I am 20yrs old with same work as you, and the same dream as any of you have. I am Laavnaya Kaushik, but I am one of you. Profile wise I have been running an NGO FOLKS AND US FOUNDATION for the past four years apart from being a third year law student who aspires to make a change.


(T): How did you come up with such an idea?

(L): I had gone for conference to the United States and there we visited the United Nation headquarters and they had a slogan that read,"Think Globally, Act Locally". Being on an international forum you realise where you stand as representative of a country and that’s when I decided I should try and help build our country


(T): Still four years back, you were in school, so running a NGO and making one would have been difficult choice to make. You already had your studies to handle. What motivated you?

(L): Ever since I was a kid my parents always asked me to push my boundaries and the faith my sister had in me gave me confidence. Plus 16-18yrs is the age where we have this new found energy which has to be channelized in the right direction and I guess that’s what I tried to do.



(T): What has been your biggest obstacle so far?

(L): In the beginning the biggest obstacle was to be taken seriously. After all I was 16yrs old and I had people relying on me.


(T): How do you manage studies, college and your work?

(L): The key is to prioritise and manage your time well. I would be kidding if I say it’s easy if you are dedicated there’s always time for everything. Having an everyday to do list for long term plans has always helped me.


(T): Where do you wish to be in next 8 years?

(L): Umm,. I wish to be in the Forbes list would pursue being a successful lawyer but at the same time like a mother cannot give up on her child, folks and us will always have a special place in my life.


(T): …And what bout Folks and Us?

(L): I really wish and hope in coming 8 years, Folks and Us would have affected and brought change in life of 20% people of India.


(T): There may be many who might have tried to do what you did, but they were never able to motivate themselves enough. A message for those readers?


(L): Find the one thing that matters to you that you believe in and put your heart and soul in it. It’s your life, take charge.

Uniform Civil Code: The "Great Divide" Analysis.

The Constitution of India came into force in 1950. Since then, there has emerged a fierce debate regarding the implementation of various directive principles mentioned in part IV of the Constitution and their relationship with respect to various fundamental rights. Among these directive principles, Article 44 is that one such article which has been a real bone of contention for decades. This article provides for a uniform civil code for the citizens and states that “the state shall endeavor to secure for the citizen a uniform civil code. There was a great uproar in the constituent assembly as to whether Article 44 shall be drafted or not. Political stalwarts like Minoo Masani, Hansa Mehta, B.R. Ambedkar and K.M. Munshi asserted for a uniform civil code which would hold precedence over the personal civil laws of various religious communities. This was mainly opposed by Muslim and Christian members of the constituent assembly.
  1. Article 44 vs. Article 25: vis-à-vis Uniform Civil Code

  1. Arguments in favour of Uniform Civil Code  

There are supporters of this code, which consists of mainly feminists, Hindu fundamentalists and liberal thinkers. They claim that a uniform civil code would overcome the particular and often reactionary aspects of personal laws of various religious communities which tend to create ambiguities regarding issues such as marriage. This would in turn lead to modernization of society, social upliftment and rise in the status of women and children. According to them the absence of Uniform Civil Code gives rise to a situation where you can see vestiges of backwardness in the society. For Liberal thinkers, these personal laws show a colonial attitude which was marked by appeasing various communities, hence linking them to the current political scenario where the politics of appeasement has gained prominence over the interests of citizens. They refute the criticism against Uniform Civil Code which is based on the assertion that it will clash with article 25. They say that objectives contained in article 44 by no means want to offend religious freedom of faith and undermine the clauses of article 25. To drive home the point they give the example of sub clause b of clause 2 of article 25 which provides an exception to the effect that any existing or future laws providing or the social welfare and reform shall not be affected by the operation of this article.  They also point out to the fact that due to the non-enforcement of a uniform civil code, article 14 and article 18 are violated which provides for right of equality and prohibition of discrimination on the grounds of sex and religion. Much of their criticism is directed towards Muslim personal laws, which according to them is highly unjust to Muslim women as was seen in the Shah Bano case (Mohd. Ahmed Khan v. Shah Bano Begum, 1985 SCR (3) 844.). They quash the misapprehension around the issue of bigamy in Islam by giving examples of countries like Syria, Tunisia, Morocco, Iran, etc. where the practise of polygamy has been either totally prohibited or severely curtailed to check the misuse and abuse of this obnoxious practise. In addition to this there are Hindu fundamentalists who are seeking retributive justice and assert that since the personal laws of Hindus had been codified in 1955 by the Hindu code bill, despite the fact that within Hinduism, there exists a variety of subcultures, same should be done with the personal laws of Muslims.  


  1. Arguments against Uniform Civil Code

It is now more than half a century, since article 44 was incorporated as one of the directive principles in the Indian constitution. But successive government have not shown the required will to enact a uniform civil code, despite many judgments given by the Supreme Court favoring the implementation of it. Though, off and on, the need for a uniform civil code is debated with both its supporters and detractors locking horns with each other, ultimately nothing happens and the matter is left aside so as it could gather a little dust. Many political theorists and constitutional expert who criticise uniform civil code assert that Article 44 appears to be in direct confrontation with article 25 of the constitution which is a fundamental right. Article 25 states that: “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.” They also postulate that there is a lot of diversity and dogmatic zeal attached with the personal laws of different communities, which won’t allow uniformity of any sort. They also remark that there would be dominance of values of particular religion which would be highly detrimental to the interests of the minorities. This according to them makes the proposition of a uniform civil code highly unacceptable and impractical. In addition to these theorists are the Muslim Ulemas, who join them in taking pot-shots at Article 44. According to them if reforms need to be there, then it has to be within the personal laws of that community. They claim that the Muslim community is an educationally and economically backward community and if the government is really interested in bringing equality then it should work on these fields rather than focusing on the issue of uniform civil code. Further, for them it is very difficult to disregard the Sharia law which is an integral part of Islam. The foremost argument is put forward by All India Muslim Personal Law Board (AIMPLB) in this regard who assert that implementation of a uniform civil code would deprive Muslim community of their freedom regarding the practise of specific customs like Bigamy and unilateral divorce leading to curtailment of their fundamental right to practise religion.
  1. Critical Analysis

Examining both the sides of the argument, makes us feel that this situation is an insolvable one. Puzzling it is, but not insolvable. A little dexterity in approach is needed to solve this intractable situation. The Indian constitution envisages a secular state by guaranteeing religious freedom to all the communities. The respect for various religions that our constitution holds is not just governed by laws and rules, but by a certain bigger ideal, even though this respect and religious freedom is subject to certain limitations. The main thing that we have to understand here is that Indian secularism runs deep within the conventions governing the constitution, and there is a philosophy of coexistence of various religions attached with it. To strengthen this philosophy, the support of two powerful factors are necessary – a higher degree of tolerance by all religious sects and strict adherence by all the concerned to the principles of equality and non-discrimination, which are the cornerstone of our constitutional edifice. This philosophy won’t be compromised by the mere implementation of uniform civil code. But uniform civil code can certainly solve many issues and give a boost to the two powerful factors mentioned above. Though initially there would be a lot of discontentment among various religious communities, but with the passage of time it can certainly help us to shift our focus from religious issues to more pertinent issues affecting the society at large such as poverty, child undernourishment, etc. Here the role of the state should be brought to limelight. In pursuance of the goal of secularism, the state must surely act as a cohesive force and not act as to bring discord among the various religious communities. Indian state has from time immemorial lacked the will to act and has shown only its softer side. This is because our politicians who have the control over the state machinery are guided by mainly sectarian concerns and not by national interests, example being the non-implementation of the Uniform Civil Code which can be such a good tool for national harmony. It is also very interesting to examine the background of various critics and the nature of their criticism. Most of these critics are the people who benefit from this status-quo. The criticisms that they shower against the Uniform Civil Code, although are buttered heavily by the notions of human freedom have a heavy parochial underpinning attached to it. For people like Ulemas, and Hindu Sadhus, the status of their community is the last thing in their minds. These so called religious ‘scholars’ have double standards and have reinterpreted personal laws so as to suit their own needs. It is due to this overall mind-set created by these religious heads and politicians that people of ‘lesser gods’ suffers.
  1. Conclusion: The Path Ahead


People assert that implementation of Article 44 would be going ‘beyond the limits’ as it proposes to bring in uniformity. They assert that equality should be brought in and hence the focus should be on reforming the personal laws from within. This statement is inherently flawed as most of the civil codes are already same in most of the religions and hence uniform civil code can be made into a middle path if we implement it though a slow and steady approach. Further, Uniform Civil Code doesn’t propose to scrap all the freedoms of various religious groups. It tries to bring a certain degree of uniformity becomes of necessity to improve the overall social fabric of our country. Examples of other countries can be taken in this regard which have implemented a uniform civil code in their respective countries. True is the fact that religion is a sentimental and a sacred issue in India, but it is high time that government take some concrete steps rather than just toying with the issue. Article 44 is a constitutional ideal which has a just motive in contrary to what its critics make it to be. It is sad that parliament has done nothing for the implementation of article 44 despite repeated progressive judicial announcements. B.R. Ambedkar once said that “the parliament should have the liberty to encroach upon the religious domain in order to reform our social system, which is so full of inequities, discriminations and other things, which conflict with our fundamental rights.” Sadly this assertion cannot be made a reality in a country where a step towards social welfare is always considered as an ‘extreme step’.


About The Author:-



This article has been written by our Campus Correspondent, Pravesh Aggarwal, who is a first year student of RGNLU Punjab.