“Goa has what constitutional legislators have envisioned for India – a uniform civil code,” the CJI said. “And I have had the great privilege of administering justice under this code. It applies to marriage and inheritance and applies to all Goans, regardless of their religious affiliation. I have heard many academic conversations about the Unified Civil Code. I would ask all these intellectuals to come here and learn about the administration of justice to find out what is going on,” he said. Delhi HC noted that the need for a UCC has been repeated from time to time by the Supreme Court, however, “it is not clear what steps have been taken in this regard to date.” “We have been fighting this problem for a very long time, but we have not been able to solve it adequately. Even the Law Commission stated in its report on personal laws that a CDU is not necessary, and what is needed are reforms within each religion to eradicate discrimination against women and introduce gender equality. India is a pluralistic country with different cultural practices – and a uniform law on marriage, divorce and inheritance may not be feasible. Although the [Hindu Marriage Act] was enacted in 1955, many rural communities do not follow it and do not settle disputes according to their own community traditions and practices. Even women in these communities prefer to go to local panchayats rather than formal courts, as they are foreign, remote and expensive, and decisions are time-consuming and not always decided in women`s favor.
From marriage issues, divorce succession, etc. are civil in nature, many rural and tribal communities, even if a CDU is adopted, cannot follow it and continue with their own tribal and habitual practices. So I am not sure that a CDU, even if it comes into force, will change this situation. We must also bear in mind that formal courts have also not been able to administer justice on time, that there is no adequate legal aid, and that litigation before these courts is very costly and time-consuming. There are huge delays and huge backlogs. Therefore, people will continue to follow their own usual practices to resolve disputes quickly through a system they are familiar with. The Swaddle spoke with experts about the greater impact of a UCC on Indian culture, society and rights – and what makes The Indian dialogue around a UCC unique. The Delhi Supreme Court on Friday upheld the need for a single civil code (UCC) and called on the centre to take the necessary steps in this regard. The Court noted that modern Indian society is gradually becoming “homogeneous” and breaking down “the traditional barriers of religion, community and caste”, and given these changing paradigms, a uniform civil code is required. Here`s what the law is about, its origin and meaning in the current scenario: He said UCC is also not possible due to customs prevailing in remote areas of India protected by the constitution. “In a particular community in the northeast, all the property goes to the youngest daughter.
Then the son-in-law comes to settle there and he is not only the husband of the daughter, but also becomes the husband of the mother of the daughter. This practice is known as Nokuram and the son-in-law becomes the man instead of the father-in-law for all intents and purposes and not just for property. What do you do with it as part of the UCC? It is constitutionally protected,” he said. “No UCC supporter has ever been able to bring a bill to public debate because there are only two options when it comes to UCC – forcing people of different religions to follow Hindu law or abolishing Hindu personnel law as we know it. Both are obviously unacceptable, but for different reasons. The first forces people to follow the religious practices of Hindus, regardless of their faith, and violates freedom of belief and belief. The second would abolish the common family system of Hindu property and destroy the property rights of millions of Hindus overnight. In addition, it would mean that many women would suddenly question their marital status and be deceived by men to lose their rights. The UCC is a foolish scarecrow that is raised in the family law discussion. It simply diverts attention from the more pressing issues of reform and updating and provides no solution to any problem and creates much more (no matter how it was designed). So what is a uniform civil code and why is it important? Here`s everything you need to know. A Unified Civil Code (UCC) for India is one of the BJP`s political creeds and was part of its 2019 election manifesto.
The need for such a law has been argued on the grounds that it would promote homogeneity and unity in India, and now a Delhi Supreme Court judge has also urged the centre to introduce a uniform civil code, saying that young people in India “should not be forced to face problems arising from conflicts in various personal laws. especially when it comes to marriage and divorce.” So, what is UCC and what prevented you from being brought into the country? “The constitutional intention has never been to have a mandatory CDU where there is only one way to marry the land, divorce, adopt and inherit. In fact, in the entire history of India, there has never been such a thing under any ruler (with one notable exception – the current Portuguese Civil Code and even this was not uniformly uniform). Around the world, more and more countries are adopting the Indian model – having several parallel legal systems that coexist in the context of family law (also known as legal pluralism). As societies diversify, this is seen as a mark of inclusion and tolerance, not division. These can also be faith-based with appropriate changes to meet constitutional norms. A uniform civil code is already in force – a voluntary, if somewhat incomplete, code. These are the Special Marriage Act, the Indian Estate Act and the Guardians and Wards Act. It must be made more gender-neutral, less homophobic and more progressive in its provisions.
Unfortunately, this does not seem to interest anyone in power, as the current obsession is to prevent marriages and interfaith and caste relations. (To receive our e-paper on WhatsApp every day, please click here. We allow the newspaper PDF to be shared on WhatsApp and other social media platforms.) “I believe that any call for a single civil code only makes sense if their proposal also suggests what this uniform civil code might look like. Of course, this does not mean that everyone who calls for a uniform civil code must also submit a bill. But even among supporters of the Unified Civil Code, there does not seem to be any consensus or clarity on what the guiding principles of the Single Civil Code will be. While the impact of a single civil code on marriage issues has attracted a lot of attention, I believe that the impact of such a code on property and inheritance will be extremely complex and far-reaching. Instead of a single civil code, I propose a common civil code that gives the parties sufficient freedom to choose the legal systems and conditions applicable to them. According to reports, many other countries, including France, the United Kingdom (United Kingdom), the United States (United States), Australia, Germany, etc., already have similar laws that guarantee the principle of “one country, one law”. Meanwhile, many in India are calling for the same, and it seems that it is only a matter of time before a bill is introduced in parliament by the ruling party. Personal laws were first enacted during the British Raj, mainly for Hindu and Muslim citizens. The British feared resistance from community leaders and refrained from further interfering in this domestic political sphere. The Indian state of Goa was separated from British India due to colonial rule in ancient Portuguese Goa and Damaon, retained a common family law known as the Goa Civil Code, making it the only state in India with a uniform civil code to date.
After India`s independence, Hindu bills were introduced that largely codified and reformed personal laws in various sects among Indian religions such as Buddhists, Hindus, Jains and Sikhs, while Christians, Jews, Muslims and Parsis were identified as separate communities from Hindus.  Flavia Agnes is a women`s rights advocate with a focus on domestic violence, minority rights reforms, secularism and human rights. The couple married on June 24, 2012. A petition for divorce under Article 13-1(ia) of the HMA, 1955 was filed by the man on December 2, 2015. The woman prayed for the dismissal of the petition for divorce on the grounds that the provisions of the HMA, 1955, do not apply to the parties concerned, since they are members of a scheduled tribe notified in Rajasthan, and therefore the HMA, 1955 would not be applicable to the case of the said parties with regard to Article 2 (2) of the HMA. 1955. . . .