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UNIFORM CIVIL CODE
By-
Gaurvi Sharma
ICG/2016/21845
BA(HONOURS)
Sem II
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.
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.
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 also guarantee equal rights.
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.
 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 half share 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 into an "undeclared second
marriage”.
 Gujarat government ultimately passed an Act in 1982,
prohibiting such love- pacts making them punishable.
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.
 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.
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 .
 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.
Uniform civil code final

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Uniform civil code final

  • 1. UNIFORM CIVIL CODE By- Gaurvi Sharma ICG/2016/21845 BA(HONOURS) Sem II
  • 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.