2. INTRODUCTION
A proposal to replace the personal laws of each
major religious community in India with a common set
governing every citizen.
Mentioned in Article 44 of the Directive Principles.
Earlier focused on the Muslim Personal Law.
Demanded by Prime Minister Jawaharlal Nehru.
Administers the same set of secular civil laws to govern all
people.
3. HISTORY
British gave self-government in domestic matters and absolute
non-interference in religious matters.
Hindu marriage Act , Succession Act , Minority and
Guardianship Act and Adoption and maintenance Act, passed in
1956
The Special Marriage Act, 1954 ,permitted any Indian to have
their marriage outside the realm of their religious personal law .
But, failed to control gender discrimination, Majority of its
implementation initiated by men.
4. 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.
5. 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 also guarantee equal rights.
6. IMPORTANT JUDGEMENTS
Shah Bano Case,1985-
Shah Bano ,60,went to court asking maintenance from her
husband who had divorced her.
The court ruled in her favour ,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.
7. 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.
8. 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 half share of the
property.
9. 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 into an "undeclared second
marriage”.
Gujarat government ultimately passed an Act in 1982,
prohibiting such love- pacts making them punishable.
10. RECENT ACTIVITIES
Controversies about Triple Talaq.
A questionnaire posted online seeking the public's response by the
National Law Commission.
AIMPLB says any intervention in its family law amounts to violating
the Muslim community's fundamental rights.
Threatened to boycott the questionnaire.
Pakistan, Bangladesh, Afghanistan and Iran have regulated their
divorce law and polygamy.It shows that these are not
essential religious practices ,beyond reform.
11. the Centre opposed the practice of triple talaq, nikah halala and
polygamy among Muslims in the Supreme Court .
Supreme Court also seeks an end to these practices ,
discriminating against women.
12. 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 particular
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 44 .
13. 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.
