It, therefore, needs to be asked if it is possible or practicable to reconcile these divergent laws and formulate a uniform or common code that is acceptable to all communities. The practice of triple talaq is a classic example. Women activists highlighted their legal status and according to them, "main problem is that there [are] many laws but women are dominated not by secular laws, not by uniform civil laws, but by religious laws.
The Shah Bano case soon became nationwide political issue and a widely debated controversy. It means freedom of religion and conscience. The Uniform Civil Code UCC in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.
These themes have remained basically the same to this day. The phrase used in Section 3 I A of the Act, is reasonable and fair provision and maintenance to be made to see that the divorced woman get sufficient means of livelihood after divorce, and that she does not become destitute or is not thrown out on the street.
Why does it matter. The conclusion in these cases, one of which involved Polygamy, was quite convoluted. Reformist Bill Passed The present government has brought forward the issue as a part of its fulfillment of manifesto of having a Uniform Civil Code.
Personal laws were first framed during the British Raj, mainly for Hindu and Muslim citizens. When the husband stopped paying her maintenance after the time required by Muslim law, she petitioned the court claiming that the criminal code should apply to Muslims, and that she deserved more maintenance than she would be given under Muslim Personal Law.
The debate now centred on the divinity of their personal law. September 09, In its consultation paper last week, the Law Commission chose codification of personal laws over the UCC as a way to end discrimination within religions.
While many thought the UCC would coexist alongside the personal law systems, others thought that it was to replace the personal law. Muslim law is based on the Shariat. Sep 11,India is, thus, among the nations that legally apply the Sharia law.
Inthe Supreme Court of India was asked to review four cases where Hindu men had converted to Islam in order to marry a second wife.
It was made applicable per Section 3 only to those Muslims who declared in writing their intent to come under it.
The Hindu Code Bill, one of the foremost pieces of social legislation, had triggered enormous opposition. This would protect the plurality of religions, too, and may be the way forward for the near future.
Practical difficulties due to diversity in India It is practically tough to come up with a common and uniform set of rules for personal issues like marriage due to tremendous cultural diversity India across the religions, sects, castes, states etc. These include the previously mentioned talaq form which only men may perform.
In JulyJustice Basudev Panigrahi ruled that "A divorced Muslim woman is entitled to maintenance after contemplating her future needs and the maintenance is not limited only up to the iddat period. This diversity, both religious and regional, should not get subsumed under the louder voice of the majority, the Commission said.
Perception of UCC as encroachment on religious freedom Many communities, particularly minority communities perceive Uniform Civil Code as an encroachment on their rights to religious freedom.
Calls for a Uniform Code have not witnessed the protests and alarms that took place following the Shah Bano case in There will be no scope of politicization of issues of the discrimination or concessions or special privileges enjoyed by a particular community on the basis of their particular religious personal laws.
Having dealt with the problem of Child Marriage, the British then realized that the question of divorce needed to be reformed. Furthermore, article 44 expressly mandates the government to introduce a uniform civil code, which would include such items as marriage, inheritance and divorce, which were the main protections granted to Muslims in their personal law.
But the British did not impose this Act on all Muslims. On another occasion, ina judge in Allahabad found the entire principle of triple talaq divorce unconstitutional.
Dharma holds society together through the ethical rule of law, not religion. The triple talaq issue is definitely not about religion, it was about gender justice. The Uniform Civil Code is the application of one national civil irrespective of their religion.
Uniform civil code covers various areas like marriage, divorce, inheritance, adoption. As these matters are secular in nature so that it can be enacted through a uniform law.
Uniform civil code is the proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen.
These laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Uniform civil code: SC refuses to interfere, won’t issue directive to Centre Written by Utkarsh Anand | New Delhi | Updated: December 8, at am.
The apex court said it was for Parliament to take a call on the uniform code and that the law is well settled on this point. Sep 08, · The Law Commission of India notes that the tracts of the Constituent Assembly debates reveal a lack of consensus on what a potential uniform civil code would janettravellmd.com: Krishnadas Rajagopal.
The Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.
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Uniform Civil Code: An Overview.Uniform civil code