UCC
UCC –
- It is a proposal to replace the personal laws of each major religious community in India with a common
set governing every citizen.
- It is mentioned in Article 44 of the Directive Principles.
- Earlier focused on the Muslim Personal Law and was demanded by Prime Minister Jawaharlal Nehru.
- It administers the same set of secular civil laws to govern all people.
NEED FOR UNIFORM CIVIL CODE –
- To provide justice and equality to the people of all religions and sects.
- Child marriages accepted in all religious communities.
- Enact rules for compulsory registration of marriages irrespective of religion.
- Triple Talaq controversy.
- Muslim law doesn't provide for maintenance for the wife. The
- Mehr amount is supposed to take care of this aspect.
- All India Muslim Personal Law Board (AIMPLB) and Darul Uloom interfere with the marital status of
Indian Muslim citizens and pass judgments.
- Similarly, caste panchayats and khap panchayats are also non-elected bodies.
- To control polygamy.
- false information and impression about UCC.
- necessary for our national unity and secularism.
- Contradiction in constitution - it recognizes the continued existence of Personal Law and guarantee
equal rights.
IMPORTANT JUDGEMENTS –
Shah Bano Case,1985-
- Shah Bano ,6o, went to court asking maintenance from her husband who had divorced her.
- The court ruled in her favor, orthodoxy deemed the verdict an attack on Islam.
- Muslim Women (Protection of Rights on Divorce) Act, 1986 enacted.
- Gave Muslim woman the right to maintenance for the period of iddat (about three months) after
divorce.
Sarla Mudgal vs. Union of India-
- question of whether a Hindu husband by embracing Islam can solemnize a second marriage.
- amounts to abusing the personal laws.
- A Hindu marriage can be dissolved under the Hindu Marriage Act, 1955 only.
THE GOAN MODEL –
- Goa is the only state in India which has enforced Uniform Civil Code for all citizens.
- Allows equal division of income and property regardless of gender between husband, wife and between
children.
- Severe provisions for divorce.
- No polygamy or Triple Talaq for Goan Muslims.
- Each spouse in case of divorce is entitled to a halfshare of the property.
LAW OF MAITRI KARAR IN GUJARAT –
- A system in Gujarat where a man and a woman
- entered into a friendship agreement, a legitimate contract before a magistrate.
- Had a social and legal sanction.
- Considered as a method to bypass the stringent provisions of the Hindu Marriage Act and enter an
"undeclared second marriage".
- Gujarat government ultimately passed an Act in 1982, prohibiting such love- pacts making them
punishable.
RECENT ACTIVITIES –
- Pakistan, Bangladesh, Afghanistan, and Iran have regulated their divorce law and polygamy. It shows
that these are not essential religious practices beyond reform.
- the Centre opposed the practice of triple talaq, nikah halala and polygamy among Muslims in the
Supreme Court.
CONCLUSION –
- A Common Civil Code, to govern personal matters of all citizens irrespective of religion is the need of
the hour.
- A committee of eminent jurists should be considered to maintain uniformity.
- Care must be taken not to hurt the sentiments of any community.
- Practices like triple talaq, polygamy and nikah halala need to be banned.
- The government must prepare a good environment for uniform civil code by explaining the contents
and significance of Article 4.
- The press, radio, television, and various other means of communication must help.
- Conservative sections of the citizens must be made to understand the utility of uniformity of laws.
- Education, awareness, and sensitization programmes must be taken up.
