Last Updated on 15/08/2024 by wccexam Desk
On the 78th anniversary of independence, Prime Minister Narendra Modi while giving a speech from the Red Fort once again mentioned the Uniform Civil Code (UCC). PM Modi said that laws that divide in the name of religion should be removed.
Prime Minister Modi said, ‘In our country, the Supreme Court has repeatedly discussed about UCC. It has given orders many times. Because a large section of the country believes that the civil code with which we are living is truly communal and discriminatory.’
He said, ‘The laws which divide on the basis of religion and become the reason for discrimination, those laws cannot have any place in the modern society. Now the country demands that there should be a secular civil code in the country.
This is not the first time that PM Modi has called Uniform Civil Code a need of the country. Last year, in a rally in Madhya Pradesh, he had said, ‘If there is one rule for one member of a family and another rule for the other member, will that house be able to run? So how will the country run with such a dual system?’
Why talk of secular civil code?
Secular Civil Code or Uniform Civil Code or Same Civil Code means same law for all religions.
In simple words, one country, one law. Currently, all religions have different laws for matters related to marriage, divorce, adoption, inheritance, property etc.
If Uniform Civil Code comes into force then there will be same law for everyone, irrespective of their religion or caste.
The personal matters of Hindus, Sikhs, Jains and Buddhists are governed by the Hindu Marriage Act. Muslims, Christians and Parsis have separate personal laws. In such a situation, if UCC comes, the existing laws of all religions will be abolished. All religions will then have the same law on matters related to marriage, divorce, adoption, inheritance and property.
What about different religions?
– Age of marriage: Legally, a marriage is considered valid only when the girl is 18 years old and the boy is above 21 years old. This is the legal age for marriage in all religions. But among Muslims, girls are married even at the age of 15.
– Polygamy: Only one marriage is allowed in Hindu-Sikh-Christian-Buddhist-Parsi and Jain religions. Second marriage is allowed only if the first wife or husband is divorced. But among Muslims, men are allowed to marry four times. Polygamy will be banned when UCC comes into force.
– Divorce: There are different rules for divorce in many religions including Hinduism. The grounds for divorce are different. To get a divorce, Hindus have to live separately for 6 months and Christians have to live separately for two years. But Muslims have a different rule for divorce. All this will end when UCC comes.
– Right to adopt: Personal laws of some religions prevent women from adopting a child. For example, Muslim women cannot adopt a child. But Hindu women can adopt a child. With the coming of UCC, all women will get the right to adopt a child.
– Right to property: Hindu girls have equal rights in their parents’ property. But if a Parsi girl marries a man of another religion, she is evicted from the property. With the coming of UCC, there will be a single law related to inheritance and property division in all religions.
Will the Constitution allow this?
Article 44 of the Constitution states that it is the duty of the government to implement a Uniform Civil Code for all citizens. Article 44 is based on the concept of equal law regarding succession, property rights, marriage, divorce and child custody.
When the courts commented
While giving its verdict in the Shah Bano case in 1985, the Supreme Court had said, ‘Parliament should frame a Uniform Civil Code as it is a means to facilitate equal harmony and equality before the law.’
In a case in 2015, the Supreme Court had said that under Christian law, Christian women cannot be considered the ‘natural guardian’ of their child, whereas an unmarried Hindu woman is considered the ‘natural guardian’ of the child. At that time, the Supreme Court had accepted that Uniform Civil Code is a constitutional requirement.
To ensure gender equality in 2020, the Supreme Court interpreted the amendment made in the Hindu Succession Act in 2005. In a historic decision, the court considered daughters to be equal shareholders in ancestral property like sons. In fact, in 2005, the Hindu Succession Act, 1956 was amended. Under this, it was said to give equal share to daughters in ancestral property.
In 2021, the Allahabad High Court also said that Parliament should consider bringing in a uniform family law so that people can live freely without facing different legal hurdles.
Then what is the problem?
In August 2018, the 21st Law Commission wrote in its consultation paper, ‘It has to be kept in mind that this should not compromise our diversity and it should not become a threat to the territorial integrity of our country.’
A uniform civil code would effectively mean streamlining laws related to marriage, divorce, adoption, inheritance and property rights. The 21st Law Commission had said that this would require taking into account different aspects of culture and religion across the country.
Those opposing the Uniform Civil Code say that this will impose Hindu laws on all religions. Those opposing it also say that this will violate the rights granted under Article 25. Article 25 gives the right to religious freedom.
The Muslim Personal Law Board opposes the Uniform Civil Code the most. It says that this will not bring equality, rather it will be imposed on everyone.
So what is the solution to this?
In 2018, the Law Commission had said in its report that due to lack of consensus on the Uniform Civil Code, there is a need to make some reforms in the personal law itself.
The Commission had said that it should be kept in mind that fundamental rights are not being violated under the guise of personal law and laws should be changed to remove this.
At present, the matter of Uniform Civil Code is with the 22nd Law Commission. The Law Commission had also sought opinion from the general public on this last year. However, experts believe that implementing Uniform Civil Code is a very difficult task. Not only because all religions have their own laws, but also because every religion has different laws according to the place.
Source (PTI) (NDTV) (HINDUSTANTIMES)