Types of Uniform Civil Law: If we talk about the types of Uniform Civil Law, it is divided into five types-
[a] marriage
[b] divorce
[C] Alimony
[d] Succession
[e] Adoption
The types of Uniform Civil Laws:
1. Marriage and Divorce Laws: These laws would standardize the process of marriage and divorce across all communities. This would include regulations regarding marriage ceremonies, age of marriage, conditions for divorce, property division upon divorce, etc.
2. Inheritance and Succession Laws: Uniform laws regarding inheritance and succession would govern how property and assets are distributed after a person's death. This would encompass rules related to wills, intestate succession (when there is no will), and inheritance rights of heirs.
3. Adoption Laws: Uniform adoption laws would regulate the process of adoption, including eligibility criteria for adoptive parents, procedures for adoption, rights of adopted children, and legal recognition of adopted status.
4. Guardianship Laws: These laws would determine the rights and responsibilities of legal guardians, including custody arrangements for minors, decision-making authority, and financial support.
5. Property Laws: Uniform property laws would govern the ownership, transfer, and management of property, including rules related to land ownership, lease agreements, property disputes, and rights of tenants.
Implementing a Uniform Civil Code aims to promote equality, secularism, and social justice by ensuring that all citizens are subject to the same set of laws irrespective of their religious or cultural background. However, the implementation of such laws can be complex and requires careful consideration of diverse religious and cultural practices within the country.
There are ten important points which explain why uniform civil law is necessary -
[1] This law is not related to Hindu-Muslim debate.
[2] This is law beyond words like majority and minority.
[3] Instead of uniform, it has been named Common Civil Law.
[4] Therefore, the pros and cons of the law should be discussed on its provisions.
[5] Therefore, this is a clear law which should not be complicated on the above subject.
[6] This is a progressive and progressive law.
[7] To restore the rights and dignity of women and children who have been deprived of the rights for the last 75 years under this law.
[8] Therefore, its only objective is to ensure the rights of women and children.
( 9] This law is not about taking away the rights of the people but about giving rights to the people.
[10] This law will prove to be a big step towards social justice.
How is this law in accordance with the provisions of the Indian Constitution?
[1] Article 37 of Part 4 of the Indian Constitution states that the provisions contained in this part of the Constitution will not be enforceable by the court. Nevertheless, if the Union feels that laws can be made on these subjects for the governance of the country, then it can do so.
Therefore, on this basis, the government can make a uniform civil law because it is a part of this list. Uniform Civil Code is included in Article 44 of Part 4 of the Indian Constitution. Thus this policy is part of the Directive Principles. According to this article The State [i.e. India. shall endeavor to secure for the citizens a uniform civil code throughout the territory of India [This was earlier Article 35. Later it was known as Article 44].
[3] Under Article 14, every citizen of India has the right to equality on the basis of religion, race, caste, sex and place of birth. It is the duty of our state to protect every citizen of the country on all these subjects.
[4] According to Article 15, no citizen of the country can be discriminated against on the basis of religion, race, caste, sex, place of birth.
[5] Social justice has also been mentioned in the Preamble of the Constitution of India. Besides, freedom of expression, worship and belief has also been given. It says, "We the people of India, to make India a sovereign nation and to secure to all its citizens social justice, freedom of thought, expression, belief, religion and worship, equality of status and opportunity, and Resolved to promote fraternity, which ensures the dignity of the individual and the unity and integrity of the nation, we in our Constituent Assembly today, dated 26 November 1949, hereby adopt, enact and surrender this Constitution.
[6] The Seventh Schedule of the Constitution defines the rights between the states and the Union. Its concurrent list includes subjects like marriage and divorce, child and minor adoption, intestacy and succession, undivided family and partition. Therefore, laws can be made on these subjects.
Therefore, on the basis of Directive Principles, Preamble, Fundamental Rights contained in the Constitution, citizens cannot be deprived of equal civil law.
Will this law affect the marital customs of different religions?
No, the Uniform Civil Code will not have any impact on the customs and traditions of any religion, sect or sect. In fact, this very point is exaggerated in opposition to the Civil Code. Whereas the truth is that the Uniform Civil Code will have no effect on all the religions of the country and their culture and customs. Like Nikaah among Muslims, Anand Karaj among Sikhs, Phere in front of fire among Hindus and Holy Matrimony among Christians, etc. marital customs will be according to the respective beliefs of all the religions.
The Uniform Civil Code will not have any impact on the customs and traditions of any tribe in the country. In fact this law has nothing to do with their methods. Arrangements have been made in both the Government of India and the Constituent Assembly for their protection in the country. The laws for religious and cultural protection of tribes are as follows:-
[1] The social and traditions of Naga tribes have been protected in Article 371 [A]. Under this, no Act of Parliament will be applicable on the religious and social practices of Nagas unless the Nagaland Legislative Assembly approves it through a resolution.
[2] Article 371 [G] provides protection to the social and traditional traditions of Mizo tribes. Under this, no Act of Parliament will be applicable on the religious and social practices of Mizo people unless the Legislative Assembly of Mizoram approves it by resolution.
[3] There is a provision in Article 338[A] to constitute the National Commission for Scheduled Tribes. This commission is also playing a big role in the protection, welfare and development of the tribes.
[5] The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2008 has also been passed by the Parliament. Under this also, protection has been provided to the traditional knowledge and rights of the forest dependent tribes.
[5] Tribal areas have been declared in the Fifth and Sixth Schedule of the Indian Constitution. There are 10 states in the Fifth Schedule - Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Odisha, Telangana, Andhra Pradesh, Gujarat, Jharkhand, Maharashtra and Rajasthan. Whereas the Sixth Schedule includes four states Meghalaya, Assam, Mizoram and Tripura.
[6] According to Rule 4 of Article 244 (1) of the above mentioned Fifth Schedule, Tribal Advisory Council can be established in these states on the instructions of the President. The duty of this council is to provide advice regarding the welfare and progress of the Scheduled Tribes of the state.
[7] Autonomous District Councils [ADCS] have been established in the above mentioned four states in the Sixth Schedule. To protect the rights of the tribes in these areas, the right of autonomous local administration has been given.
[8] After independence, Hindu Code Bill has been brought. It has four acts
[i]Hindu marriage Act 1955
[ii] Hindu Adoptions & maintenance Act 1956
[iii] Hindu Minority & Guardianship Act 1956
[iv]Hindu Succession Act 1956.
These enactments are all providing Section 2 of these statutes provides their application. However Sub-section (2) of section 2, excluded its application to the members of the scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the central Government so directs. They are still governed by their customs. Therefore, there will be no impact on the arrangements given in the Indian Constitution for the protection of the tribals' customs and traditions.
What is the opinion of the Constituent Assembly of India?
Most of the members of the Sub-Committee on Fundamental Rights in the Constituent Assembly had proposed the early implementation of the Uniform Civil Code. Committee members - M R Masani, Hansa Mehta and Rajkumari Amrit Kaur said we are of the view that a uniform civil code should be guaranteed to the Indian people with in a period of 5 or 10 years
in the same manner as the right to free and compulsory primary education has been guaranteed by with in 10 years. [B. Shiva Rao the framing of Constitution, volume 11, P177].
Rajkumari Amrit Kaur also proposed that equal civil law should be included in the fundamental rights. He had said this by writing a letter to the Advisory Committee of the Constituent Assembly. While proposing the Hindu Code in the Constituent Assembly on April 9, 1948, Rohini Kumar Chaudhary had said that there should be a Uniform Civil Code and not a communal law for succession and communal laws of marriage. Which applies to every person of all communities and all classes. In fact, if it is applicable to all citizens without any discrimination according to religion, sect or caste, then I support it. Hari Vinayak Pataskar, during the discussion on Hindu Code on 12 December 1948, had advocated equal civil law for all. He said we have incorporated a Directive principle in our constitution that the state shall endeavor to secure a uniform civil code tried out the territory of India I would like you seriously to Consider whether by enacting a measure like this [Hindu code] only for the Hindus , we are adducing. the cause of our progress towards the ideal. I should think that we are going backward rather than forward what is to be welded in the interests of the security of our notion is not welding of Hindus alone but all the citizens of this country All inhabitants of india should be welded into one marriage inheritance etc. form part of civil the countries world over. They must do so in India also. That Code (civil) should be applied to all the citizens whether they be Hindus, Christians or Parsis or Muslims. While discussing Article 44, Dr. B. R. Ambedkar, while speaking in favor of uniform civil law, had said that The only provinces which was not covered by a uniform civil code was marriage and succession it was the intention of those who enacted Article 44 of the constitution to bring about such a change. "justice AM. Bhattacharjee Muslim Law and the Constitution, p 169]
The Constituent Assembly introduced communal elections and reservation of seats in the legislature on the basis of religion. When separate interpretation was ended, at that time C. Subramaniam, Jaspat Rai Kapur and Hansa Mehta had given their statements in favor of Uniform Civil Code. On 22 November 1949, Hansa Mehta had clearly said. It is very important. That if we want to build a nation then we should have one civil code. On 24 November 1949, A. Thanu Pillai said in the Constituent Assembly If you wish to provide for a common civil code for India, that must be in consonance with modern aduanced conceptions of life our women are free our marriage law are in consonance with the up to date concepts of social existence .
While discussing the Hindu Code in the Constituent Assembly (Legislative) on 14 December 1949, V.I. Muni Swami Pillai said that in the constitution we have said that we must evolve Common civil code. Even when the Hindu Code was discussed in the Provisional Parliament Many members had cast their votes in favor of the Uniform Civil Code on 5 February 1952. In this, names like Vinayak Sitharaman Sarwate, Indra Vidyavachaspati and Joar Kapoor were prominent. Then, during the discussion on the same Hindu Code on 7 February 1954, Seth Govind Das also supported the Uniform Civil Code.
Statement in favor of civil law like other politicians:
K. M. Munshi A further argument has been advanced that the enactment of a civil code would be tyrannical to minorities is it tyrannical? Nowhere in advanced Muslim countries the Personal law of each minority has been recognized as so sacrosanct as to prevent the enactment of a civil Code there is no reason why there should not be a civil code throughout the territory of India there is no reason why there should not be civil code throughout the territory of India there is one important consideration which we have to bear in mind- and I want my Muslim friends to realize sooner we forget this isolationist outlook on life, it will be better for the country
Alladi Krishnaswami Iyer The second objection was that religion was in danger that communities Cannot live in amity if there is to be a uniform civil code .The article actually aims at amity it does not destroy amity as if one it is not legal system is not influencing being influenced by another legal system there fore no system can be self contained if it is to have in it the elements of growth. There is no use clinging always to the past we are departing from the particular namely past in regard to an important we want the whole of India to be wielder and united together as a single nation.
Dr. B. R. Ambedkar - I very much surprised at that statement for the simple reason that we have in this country a uniform code of laws.
covering almost every aspect of human relationship I can cite innumerable enactments which would prove that this country has practically a civil code uniform in its content and applicable to the whole of the country. The only province the civil law has not been able to invade so far is marriage and succession.
Shah Bano Case: → In the year 1978, Shah Bano Begum, an uneducated Muslim woman, filed a petition against her husband Mohammad Ahmed Khan before the local magistrate of Indore. At that time the woman was 62 years old and almost 40 years had passed since their marriage. He also had five children. But at this stage of her age, Shah Bano's husband divorced her. After which she went to the court where the decision was given to give her alimony of Rs 25 per month. He was not satisfied with this decision and filed a petition demanding more amount. There the Madhya Pradesh High Court decided to give him a maintenance allowance of ₹ 179.20 per month. But her divorced husband refused to give this amount and the matter reached the Supreme Court. In April 1995, the Supreme Court of the country ruled in favor of Shah Bano and put its seal of approval on the decision of the High Court of Madhya Pradesh.
This decision was taken by a division bench of five judges – Justice Y. V Chandrachud, Justice Ranganath Mishra, Justice D.A. Desai Justice O. Chinnappa Reddy and Justice E.S.Vektaramaiah.
When Shah Bano was divorced by her husband, she had to approach the Supreme Court to get support for herself. Whereas her husband told in the court that Section 125 does not apply to Muslims. However, the court rejected this argument and said that Section 125 applies to all citizens of the country. It has nothing to do with religion and personal laws. Even then the court had clearly reminded the Central Government of Article 44. Also said that it is a sad thing that till now the Central Government has not made any effort to create equal civil society.
Then the court had said that Article 44 of our constitution has remained a dead letter. There is no evidence of any official activity for framing a common civil code for the country. A common civil code will help the Cause Loyalties of national integration by removing disparate loyalties Conflicting Ideologics. it is the state which in charged with the duty of securing a uniform civil code for the citizens of the country and unquestionably, it has the legislative competence to do so. A beginning has to be made of the constitution is to have any meaning.
But the then Prime Minister Rajiv Gandhi, under the influence of a few fundamentalist-communal people, decided to overturn this decision of the Supreme Court. Union Law Minister A.K. SAN introduced a bill in February 1986. It is one thing that Congress got this bill passed due to its majority. But there is a need to read the debates that took place during that time. This bill was also opposed by communist parties. They then in one voice strongly demanded women's rights but also stressed on bringing equal civil law.
CPI [M]'s Saifuddin Chaudhary opposed it, saying "This is black Bill. The heading of the Bill was also misleading it was said that the Bill is to protect the rights of Muslim women. Actually Bill is meant for deprivation of their right This Bill violated the preamble of the constitution wherein it was resolved that the state shall strive to constitute India into a secular country.
Communist Party of India's Inderjit Gupta, a 12-time Lok Sabha member, also opposed this bill and said that "we may not always be able immediately to have a common civil code There are difficulties. I understand that But the constitution says that should be the direction in which the state should move not the opposite direction. It may take a long time to reach the common code There may be many difficulties and obstacles. But this Bill ask you to reverse turn around and not move towards a Uniform civil code but to go backwards.
Therefore, in the Shah Bano case, both the major communist parties of India, CPI and CPI [M], including the Supreme Court, have spoken in favor of equal civil law.
Other major judicial decisions-
[1] In the year 1973, Justice MH Baig of the Supreme Court had also recommended banning the practice of polygamy and judicial intervention in divorce cases. Whereas Justice V Khalid of Kerala High Court had also requested Muslims since March 1973 to pay attention to reforms towards women's rights.
[2] In the year 1973, in Keshavananda Bharati vs. State of Kerala, the court said that Article 44 enjoins that the state shall endeavor to secure for the Citizens a uniform civil code throughout the territory of India Desirable as it is the Government has not been able to take any effective steps towards the realization of this goal obviously no court can compel the Government to lay down a uniform civil code even though it is essentially desirable in the interest of the integrity and unity of the country.
[3] On 10 May 1985, the Supreme Court gave its verdict in the case of Ms Jordan diengdeh vs ss chopra. Time has now come for the intervention of the Legislature to provide for a uniform code of marriage and divorce as envisioned by Article 44 andto provide by law. for a way out of the unhappy situations in which couples find themselves in it is necessary to introduce irretrievably, break-down of marriage and mutual consent as grounds of divorce in all cases.
[4] In Sarala Mudral vs. Union of India on 10 May 1995, the Supreme Court ruled against the then Prime Minister P.V. Narasimha Rao was also asked to reconsider Article 44. Justice Kuldeep Singh and Justice R. The Division Bench of M. Sahay observed, "Successive governments till date have been wholly remiss in their duty of implement ing the constitutional mandate under Article 44 of the constitution of India.
Under this historic decision, the Supreme Court had requested the Central Government to file an affidavit by the Central Law Ministry by August 1996 as to what steps the Central Government has taken to implement the Uniform Civil Code. Also mention the efforts in this context.
[5] On July 6, 2015, the Supreme Court said in the case of Abc vs state [Nct of Delhi] that it would be opposite for us to underscore
that our Directive principles envision the existence of a uniform civil code, but this remains an Unaddressed constitutional expectation
[6] On September 13, 2019, the Supreme Court in the case of Jose Paulo Coutinho vs Maria Luiza valentina Perera it is interesting to note that whereas the founders of the constitution in Article 44 in part iv dealing with the directive principles of state policy had hoped and expected that the state shall endeavor to Secure for the citizens a Uniform civil code through out the territories of India, till date no action has been taken in this regard.
Major proposals in favor of uniform civil law in Parliament:-
[1] On 11 May 1962, Congress Rajya Sabha MP Smt. Sita Parmanand introduced a private bill. The title of that bill was Uniform Civil Code for the Country. He proposed that the government should try to implement Uniform Civil Code in the entire country for the protection of all the citizens of the country under Article 44. He further said that The object of this article is to introduce a uniform personal Law for the purpose of national consolidation. we are at present very much exercised over this question if national unity and national integration since fourteen year have been passed when this particular article was embodied in the constitution it is time for the country to consider what steps should be taken to fulfill the promise made In this directive principle.
[2] On 29 July 1986, Union Law Minister H R Bhardwaj promised that the government was making 'expeditious efforts to advance the proposal for a Uniform Civil Code'.
[3] 6 August 1993 BJP MP Sumitra Mahajan introduced a bill in the Lok Sabha in favor of Uniform Civil Code This House urges upon the government that in order to achieve the objectives enshrined in article 44 of the constitution and to promote feelings of unity and brotherhood amongst all citizens of the Country a commission be constituted for framing a Uniform civil code.
[4] Dr. Kirodilal Meena, leader of Meena tribe of Rajasthan, has also introduced a private bill in favor of Uniform Civil Code. He presented this bill in the Rajya Sabha in the year 2022.
Uttarakhand was the first state in India to pass the Uniform Civil Code Bill:
Uniform Civil Code for the citizens has been clearly described in Article 44 of Article 4 [Directive Principles of State Functioning] of the Constitution of India. According to Article 44, the State shall endeavor to obtain a uniform civil code for the citizens throughout the territory of India. Uniform civil code means uniform laws for every citizen living in India [regardless of religion or caste]. It is clear that the uniform civil code is based on the concept of one country, one law.
The Uniform Civil Code Bill has been passed by the Uttarakhand Assembly on 7 February 2024.
→ The purpose of this bill is to control and regulate the laws related to marriage and divorce, succession, live-in relationship and related matters.
In a diverse and pluralistic society like India, the concept of a Uniform Civil Code (UCC) stands as a beacon of equality and justice. The idea of a common set of laws governing personal matters such as marriage, divorce, inheritance, and adoption, irrespective of one's religion, has been a topic of debate and discussion for decades. While the journey towards implementing a UCC has been marked by challenges and complexities, the need for such a code remains as pertinent as ever.
Equality before the Law:
At the heart of the argument for a UCC lies the principle of equality before the law. In a country where citizens are guaranteed equal rights and opportunities under the constitution, it is paradoxical that personal laws based on religious affiliations continue to govern key aspects of individuals' lives. The existence of different sets of laws for different religious communities perpetuates inequality and discrimination, particularly against women.
Gender Justice and Empowerment:
One of the most compelling reasons to enact a UCC is to ensure gender justice and empower women. Personal laws, often influenced by patriarchal norms and practices, can disadvantage women in matters such as marriage, divorce, and inheritance. A uniform set of laws would provide a level playing field for all citizens, irrespective of gender, and uphold their fundamental rights and freedoms.
Secularism and National Unity:
A UCC is not only a matter of legal reform but also a reaffirmation of India's commitment to secularism and national unity. By transcending religious boundaries and treating all citizens equally under the law, a UCC fosters social cohesion and strengthens the fabric of the nation. It sends a powerful message of inclusivity and solidarity, reaffirming that in the eyes of the law, all citizens are equal.
Challenges and Considerations:
However, the path to implementing a UCC is fraught with challenges. India's diverse religious and cultural landscape necessitates careful consideration and consultation with all stakeholders. Sensitivity towards religious sentiments and traditions is crucial to ensure the acceptance and effectiveness of a uniform code. Moreover, navigating political dynamics and vested interests requires political will and consensus-building among various parties and communities.
Conclusion:
In conclusion, the case for a Uniform Civil Code in India is not merely a legal or legislative issue but a moral imperative. It is a testament to our commitment to equality, justice, and secularism – values enshrined in the preamble of our constitution. As we strive towards building a more inclusive and equitable society, the implementation of a UCC stands as a milestone in our journey towards realizing the ideals of a modern, progressive nation. It is time to embrace the vision of a unified legal framework that transcends religious divides and upholds the dignity and rights of all citizens.
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