Uniform Civil Code (UCC)
Article
370 of the Constitution, which granted special status to the state of Jammu and
Kashmir, was abrogated with a presidential order on August 5, 2019 and on Nov
9, 2019, the Supreme Court gave verdict in Ayodhya dispute ensuring Ram
Mandir is to build in Ayodhya.
Recently, Chief Justice of India SA Bobde hailed Goa’s UCC and
urged intellectuals to debateon uniform Civil Code. On March 28, 2021, CJI SA
Bobde said while inaugurating the new building of the Bombay High Court at Goa
that Goa has what Constitutional framers envisaged for India – a Uniform Civil
Code. And I have had the great privilege of administering justice under that
Code. It applies in marriage and succession, governing all Goans irrespective
of religious affiliation. I have heard a lot of academic talk about the Uniform
Civil Code. I would request all those intellectuals to simply come here and
learn the administration of justice to know what it turns out to be.
Further he said “In India, if there's any bench which gives you the variety of
experiences and challenges as the Supreme Court, it is only the Constitution
Bench at Goa. When you sit on a Constitution bench in Goa, You can expect to
hear a land acquisition case, a Section 302 murder appeal, and public interest
litigation, a question under administrative law, income tax, sales tax, and
excise law”.
Uniform Civil Code (UCC)
Uniform Civil Code (UCC) is a proposal in India to formulate
and implement personal laws Indian citizens which apply on all citizens equally
regardless of their religion. Currently, personal laws of various communities
are governed by their religious scriptures.Uniform Civil Code refers to a single law which is applicable to
all Indian citizens in their all matters including personal matters such as
marriage, divorce, custody, adoption and inheritance. UCC is intended to replace
the fragmented system of personal laws, which currently governs interpersonal
relationships and related matters in different religious communities.UCC
is meant to do away with these inconsistent personal laws.
What is Article 44?
UCC comes under Article 44 of Indian Constitution, which lays down that the state shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.Uniform civil code for the citizens The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. The objective of Article 44 of the Indian Constitution is to address the discrimination against different groups and harmonize diverse cultural across the country. Dr. BR Ambedkar had said that a UCC is desirable but for the moment it should remain voluntary. It was incorporated in the Constitution as an aspect that would be fulfilled when the country would be ready to accept UCC and the social acceptance to the UCC.
Dr. BR Ambedkar had said in his speech in the Constituent Assembly that if the State has the power, the State will immediately proceed to execute.
Origin of Uniform Civil Code
The origin of the UCC back to colonial India during British government era. When the British government had submitted its report in 1835 stressing on uniformity in the codification of Indian laws related to crimes, evidence and contracts, specifically recommending that personal laws of Hindus and Muslims be kept outside such codification.
Britishers forced the
government to form the B N Rau Committee to codify Hindu law in 1941. Hindu Law
Committee was formed to examine the question of the necessity of common Hindu
laws. This committee recommended a codified Hindu law, which would give equal
rights to women. The 1937 Act was reviewed and the committee recommended a
civil code of marriage and succession for Hindus.
Hindu Code Bill
The draft of the Rau Committee report was submitted to a committee chaired by Dr. B R Ambedkar that came up for discussion after the adoption of the Constitutionin 1951. In the discussions, the Hindu Code Bill lapsed and again resubmitted in 1952. Then, Hindu Code bill was adopted in 1956 as the Hindu Succession Act to amend and codify the law relating to intestate or unwilled succession, among Hindus, Buddhists, Jains, and Sikhs. This Act reformed the Hindu personal law and gave women greater property rights and ownership. It gave women property rights in their father's estate.
These laws include Hindu Marriage Act, Hindu Succession Act, Indian Christian Marriages Act, Indian Divorce Act, Parsi Marriage and Divorce Act. However, Muslim personal laws are not codified and are based on their religious texts, recognized through laws such as the Shariat Application Act and Dissolution of Muslim Marriages Act.
The general rules of succession under the Act 1956 for a male who dies intestate is that heirs in Class I succeed in preference to heirs in other classes. An amendment to the Act in the year 2005 added more descendants elevating females to Class I heirs. The daughter is allotted the same share as is allotted to a son.
Hindu Marriage Law
The Hindu marriage Act is an Act of the Parliament of India enacted in 1955. Three other important acts were also enacted as part of the Hindu Code Bills during this time: the Hindu Succession Act (1956), the Hindu Minority and Guardianship Act (1956), the Hindu Adoptions and Maintenance Act (1956). The main purpose of the act was to amend and codify the law relating to marriage among Hindus and others. Besides amending and codifying Sastrik Law, it introduced separation and divorce, which did not exist in Sastrik Law. This enactment brought uniformity of law for all sections of Hindus. In India there are religion-specific civil codes that separately govern adherents of certain other religions.
Civil laws and Criminal laws
Criminal laws in India are uniform and applicable on all Indian citizens, no matter what their religious beliefs are, while the civil laws are influenced by faith. Swayed by religious texts, the personal laws which come into effect in civil cases have always been implemented according to constitutional norms.
Personal laws
Laws that apply to a group of people following their religion, caste, faith, and belief. The personal laws of various community find their source and authority in their religious ancient texts.In Hinduism, personal laws are applicable to legal issues related to inheritance, succession, marriage, adoption, and co-parenting, obligations of sons to pay their father’s debts, the partition of family property, maintenance, guardianship, and charitable donations. In Islam, personal laws apply to matters relating to inheritance, wills, succession, legacies, marriage, waqf, dowry, guardianship, divorce, gifts, and pre-emption taking roots from Quran.
What will happen after implementing Uniform Civil Code?
The Uniform Civil Code aims to provide protection to vulnerable sections as envisaged by Dr. BR Ambedkar including women and religious minorities. Also promoting nationalistic fervor through unity. When enacted the code will work to simplify laws that are segregated at present on the basis of religious beliefs like the Hindu code bill, Shariat law, and others. The code will simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all. The same civil law will then be applicable to all citizens irrespective of their faith.
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