Uniform Civil Code of India: ‘Uniform Civil Code’ is a term that has been originated from the concept of ‘Civil Law Code’. The term ‘Civil Code’ is used to cover the entire body of laws relating to the property or include personal matters like marriage, divorce, maintenance, adoption and inheritance etc. The laws governing inheritance or divorce among Hindus are different from that of the Muslims or Christians and so on. ‘Uniform Civil Code’ means unifying all these personal laws to have one or single set of secular civil laws to secure all the citizens of India irrespective of their caste, creed, community or religion in India. Article 44 of the Constitution of India (Directive Principles of State Policy) reads: “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”. Article 44 as a directive principle enhances social justice and equality which the Preamble of the Constitution guarantees to all the citizens of India. Through this Uniform Civil Code, it would concern the legal aspects of all social events and transactions including birth, death, marriage, divorce, maintenance, succession, inheritance and adoption etc which relates to the rights and freedoms which were guaranteed under the Constitution, but not the social practices and cultural customs such as rituals, procedures, ceremonies, dress or language. Article 37 of the Constitution of India makes it clear that the Directive Principles of State Policy-“Shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws.” India being one of the largest democratic countries in the world, at the same time encompasses and almost incomprehensibly complicated history in its secular legal system. Prior to 1900, the British contended themselves with finding an accommodation with the Islamic community, based on the principles of ‘Warren Hastings Judicial Plan of 1772’ – “ In suits relating to inheritance, marriage, caste and other religious usages and institutions, the laws of the Quran with respect to Mohammedans will be adhered to”. In 1790, the then British Governor-General Cornwallis has introduced a three-tier court system in India. He has appointed ‘Qazis’ and ‘Muftis’ as ‘Law officers’ to assist British Judges. The highest Criminal Court of this system is ‘Sadar Nizamat Adalat’. In cases pertaining to Muslims, it had to apply Islamic law as per the ‘fatwas’ of the Chief Qazi of the district and two Muftis. There is no proper Muslim Law or Act in India at that time. ‘The Shariat Act, 1937’ was enacted and it repealed all such provisions in earlier laws and legislations that permitted custom to override Muslim Law. The Act is the codified body of laws regarding Muslims and regarded as the ‘Muslim Personal Law Act’. However, this Act was not imposed on all Muslims and it was made applicable to only such Muslim persons who declared their intent in writing to come under the Act.

‘The Child Marriage Restraint Act, 1929’ was one of them which challenged the Muslim Law which restrained the marriage age of girls to 15 years and of boys to 18 years. According to the ‘Hanafi Law’ which was followed by the Muslim community, it was very hard for Muslim woman to obtain Divorce. Within the law, despite its stated aim of giving Muslim women a secular way out of their marriages, a series of provisions are aimed directly at Muslims by the enactment of ‘The Dissolution of Muslim Marriages Act, 1939’. Though through these enactments British intended to strengthen themselves by recognizing the importance of ‘Islamic Law’ to the Muslim Community, we can see from the late British colonial administration the Secular-Muslim divide after independence. A comparative study of the Hindus, Muslims and other minorities will reveal that the diversity of these laws cannot permit uniformity of any sort. The law may be reformed but since this would require activism from the conservative Muslim organizations, it is unlikely, as they have expressed little willingness to do so and in fact have fought reforms claiming that Muslim culture in India will be destroyed by them. After the independence, The Special Marriage Act, 1954 was enacted by the Parliament to perform a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by them. The SC in the case of Mohammad Ahmed Khan v. Shah Bano Begum for the first time directed the Parliament for the enactment of ‘Uniform Civil Code’ in India. In this case a Muslim woman has claimed for maintenance from her husband under Section 125 of Criminal Procedure Code after obtaining Triple-Talak from him. The court has held that she has the right to get maintenance from her husband and entitled for maintenance under Section 125 of Cr.P.C. The then Chief Justice of India Y.V Chandrachud observed that “A common civil code will help the cause of national integration by removing desperate loyalties to law which having conflicting ideologies.” The Supreme Court once again in the case of Sarla Mudgal v. Union of India has directed the Government for the enactment of UCC in India. In this case the question was raised that whether a Hindu husband, married under the Hindu Law by embracing Islam can solemnize second marriage. It has been held that conversion to Islam and marrying again would not; by itself dissolve the Hindu marriage and thus, a second marriage solemnized after converting to Islam would be an offence under Section 494 of the Indian Penal Code. Justice Kuldip Singh has expressed his opinion “It appears that even 41 years thereafter the rulers of the day are not in a mood to retrieve Article 44 from the cold storage where it is lying since 1949.” The Governments which have and gone have so far failed to make any effort towards “unified personal laws for all Indians”. When more than 80% of the citizens have already been brought under the codified personal law there is no justification whatsoever to keep in abeyance, anymore, the introduction of Uniform Civil Code for all citizens in the territory of India. The UCC will not result in

interference of one’s religious beliefs relating to inheritance, succession and maintenance. This means that under the UCC a Hindu will not be compelled to perform a ‘Nikah’ or a Muslim be forced to carry out ‘Saptapadi’. But in the matters of inheritance, right to property, maintenance and succession, there will be a common law. The essentials while codifying UCC were to impose monogamy banning multiple marriages under any religion, for marriages the age limit for a male should be of 21 years and for female it should be of 18 years, there should be compulsory registration for marriages, and the grounds for the divorce should be specifically laid down in the Code. Though there is a great possibility of the UCC being abused after its enactment, but the social welfare and benefits resulting from the implementation of UCC are far greater. Key Words: Uniform Civil Code, Gender Justice, Article 44, Shah Bano Case, Muslim Law and UCC.

Uniform Civil Code.pdf

Retrying... Download. Connect more apps... Try one of the apps below to open or edit this item. Uniform Civil Code.pdf. Uniform Civil Code.pdf. Open. Extract.

12KB Sizes 3 Downloads 377 Views

Recommend Documents

Uniform Civil Code _1_.pdf
Whoops! There was a problem loading more pages. Retrying... Whoops! There was a problem previewing this document. Retrying... Download. Connect more ...

Uniform Civil Code _1_.pdf
Page 1 of 54. 1. IN THE SUPREME COURT OF INDIA. CIVIL ORIGINAL JURISDICTION. INTERLOCUTORY APPLICATION NO 02 OF 2016. IN. WRIT PETITION ...

Uniform Civil Code - Kerala High Court.pdf
There was a problem previewing this document. Retrying... Download. Connect more apps... Try one of the apps below to open or edit this item. Main menu.

Uniform Distribution - Khadi Uniform Clarification.pdf
Uniform Distribution - Khadi Uniform Clarification.pdf. Uniform Distribution - Khadi Uniform Clarification.pdf. Open. Extract. Open with. Sign In. Details. Comments. General Info. Type. Dimensions. Size. Duration. Location. Modified. Created. Opened

Uniform Package.pdf
Page 1 of 1. ORDER FORM. NAME. PHONE. EMAIL. S M L XL 2XL 3XL. Package Total: $255.00. TRACK & FIELD. TRACK & FIELD. TRACK & FIELD. UA Women's Singlet & Shorts UA Men's Singlet & Shorts. S M L XL 2XL 3XL S M L XL 2XL 3XL. S M L XL 2XL S M L XL 2XL S

Uniform Committee.PDF
Loading… Whoops! There was a problem loading more pages. Whoops! There was a problem previewing this document. Retrying... Download. Connect more apps... Try one of the apps below to open or edit this item. Uniform Committee.PDF. Uniform Committee.

uniform-guidance.pdf
There was a problem previewing this document. Retrying... Download. Connect more apps. ... of the apps below to open or edit this item. uniform-guidance.pdf.

Cookies Uniform Info.pdf
There was a problem previewing this document. Retrying... Download. Connect more apps... Try one of the apps below to open or edit this item. Cookies Uniform ...

Cookies Uniform Info.pdf
Loading… Page 1. Whoops! There was a problem loading more pages. Retrying... Cookies Uniform Info.pdf. Cookies Uniform Info.pdf. Open. Extract. Open with. Sign In. Main menu. Displaying Cookies Uniform Info.pdf.

Paired-Uniform Scoring - University of Pittsburgh
where one of the two bags is selected with equal probability. Two-thirds of the ... To determine your payment the computer will randomly draw two numbers. ... the previous month's unemployment rate is lower than a year ago. .... tractable, and capabl

Kingswood Uniform leaflet (21).pdf
Slim fit (boys or girls) • Skinny trousers. SHIRTS. Shirts must be long sleeved and completely white with a collar. Short sleeve shirts are not permitted. No logos.

Uniform Try On FrancisParker.pdf
Page 1 of 1. Not sure what size uniform your child needs? Stop by the Lands' End Shop at Sears below. and try on shirts and pants to determine the perfect fit. for your child's school uniform. ATTENTION Francis Parker PARENTS: • A full-size run of

Uniform value in dynamic programming - CiteSeerX
that for each m ≥ 0, one can find n(m) ≥ 1 satisfying vm,n(m)(z) ≤ v−(z) − ε. .... Using the previous construction, we find that for z and z in Z, and all m ≥ 0 and n ...

POINTWISE AND UNIFORM CONVERGENCE OF SEQUENCES OF ...
Sanjay Gupta, Assistant Professor, Post Graduate Department of .... POINTWISE AND UNIFORM CONVERGENCE OF SEQUENCES OF FUNCTIONS.pdf.

Cookies Basic Uniform Price List.pdf
Cookies Basic Uniform Price List.pdf. Cookies Basic Uniform Price List.pdf. Open. Extract. Open with. Sign In. Main menu. Displaying Cookies Basic Uniform ...

2017 Uniform Dress Code.pdf
2017 Uniform Dress Code.pdf. 2017 Uniform Dress Code.pdf. Open. Extract. Open with. Sign In. Main menu. Displaying 2017 Uniform Dress Code.pdf. Page 1 of ...

PS76 Uniform Order Form.pdf
Page 1 of 1. Page 1 of 1. PS76 Uniform Order Form.pdf. PS76 Uniform Order Form.pdf. Open. Extract. Open with. Sign In. Main menu. Displaying PS76 Uniform Order Form.pdf. Page 1 of 1.Missing:

North Chicago Uniform Policy Updated.pdf
There was a problem previewing this document. Retrying... Download. Connect more apps... Try one of the apps below to open or edit this item. North Chicago Uniform Policy Updated.pdf. North Chicago Uniform Policy Updated.pdf. Open. Extract. Open with

Electric Potential Uniform Notes.pdf
There was a problem previewing this document. Retrying... Download. Connect more apps... Try one of the apps below to open or edit this item. Electric Potential ...

Somervale School Uniform - 2017 update.pdf
There was a problem previewing this document. Retrying... Download. Connect more apps... Try one of the apps below to open or edit this item. Somervale ...

ADAPTIVE BOOSTED NON-UNIFORM MCE FOR KEYWORD ...
tive training using non-uniform criteria for keyword spotting, adap- tive boosted non-uniform ..... for MCE as in Section 3.1, our implementation can achieve best word accuracy .... aachen.de/web/Software/g2p.html. [18] MMSeg - Chinese ...

Uniform List 2016.pdf
should be worn. No other jewellery should be worn except a wrist watch. Light make-up. is acceptable. Nail varnish is allowed, but must be removed for Food Technology. Meridian School. The Meridian School • Garden Walk • Royston • Hertfordshire