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A PRESENTATIONON

UNIFORM CIVIL CODE

CAN IT EVER BE

IMPLEMENTED IN INDIA?

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UNIFORM CIVIL CODE

Secular civil laws to govern all people

Those belonging to different religionsand regions

Personal laws based on their religion

or ethnicity

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CONTENTS OF UNIFORM CIVIL

CODE

Personal Status

Rights related to acquisition and

administration of propertyMarriage

Divorce

adoption

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HISTORY

Indian government ratified the CEDAW (Convention ofthe Elimination of all forms of Discrimination Against

Women) in 1993it also modified laws that were created under the

colonial administrationThis brought the secular-Muslim divide created afterindependence into sharp focus

some Muslims are resistant to change and claim thatany change to personal law will result in the destructionof Muslim culture in India

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Family law

Family law is an area of the law that deals withfamily-related issues and domestic relations

the nature ofmarriage, civil unions, and

domestic partnerships

the termination of the relationship and ancillary

matters

divorce, annulment, property settlements, alimony,

and parental responsibility

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personal Law

In india,most family law is determined by thereligion of the parties concerned

Hindus, Sikhs, Jains and Buddhists come underHindu law

Muslims and Christians have their own lawsMuslim law is based on the Shariat

in all other religious communities, laws are codifiedby an Act of the Indian parliament

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Goa civil code history

There is no question that over 400 years of Portuguese rule have left anindelible imprint on Goa

Perhaps the most valuable living legacy left in Goa by the Portuguese isa codified system of Law

It is a codification divided into four sections

Part I contains Articles 1 through 17 delineating the basic provisions ofthe Code, the most important of which is Article 7, which establishes theprinciples of racial and gender equality

Part II further develops these provisions

Part III deals exclusively and comprehensively with property rights

Part IV concerns itself with matters of civil responsibilities infringementof rights and their restitution.

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Muslim law in India

Muslim personal laws were challenged under the IndianConstitution. Specifically

The Shariat Act of 1937 had not made any reference tothe government's power to interfere with the system

although one might assume that since the governmentpassed the act, the government could therefore amend it

"Where by the interests of Muslims, as well as other

minorities, may adequately be safeguarded

The feeling that India might disintegrate if not given abenign constitution was further accelerated by thedissolution of the princely states

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Civil Code and AdoptionLaws in India

A bill on uniform civil code was introduced in the Indian

parliament

there was hue and cry from Muslim Community and this billnever became an act

objection were raised was that Islam does not recognize

adoption

The custom of adoption was prevalent in pre-Islamic Arabia

Even Mohammad the prophet himself took Zaid, the son of

Haris in adoption.

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What has the Supreme Court said

on the issue?

Whether a Christian has the right to bequeathproperty to a charity

The court regretted the fact that the state had notyet implemented a uniform civil code

The apex court has expressed itself in favour of auniform civil codeTaken a dim view of the governments andlegislatures inability to bring it into being

There have been other occasions like during the

Shah Bano case and later in the Sarla Mudgalcase

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HINDU AND MUSLIM INHISTORY

In the post independent India, the Uniform Civil Code(UCC) is probably one of the most misunderstoodphrases

deliberately propagated by the politicians to confuse

public and divide them on communal lines for theirpolitical gains.

They created a false hype among Hindus that theMuslims, who, according to their Personal Laws, havebeen permitted to keep four wives at a time, will soon

overtake the Hindu population and reduce them tominority

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Inheritance act in India

The right of inheritance in property of

parents

Even after marriage, they can have

the financial and moral support.

They do not remain only on the mercy

of their husband or in-laws

Because in such cases there was

every likely hood of their exploitation

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Marriage act in Muslim personal law

Muslim law based on shariat act.They have permission to keep four

wives at a time.

That is a universal factThe job of earning and protection of

the family has always been done by

the male member of family.

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Shah Bano case

Shah Bano was an elderly Muslim womanwho in 1978 was thrown out of her home by her wealthy

husband after forty-four years of marriage.Islamic personal law required the husband only to return to hiswife the dowry she had brought into the marriage. This he did;the dowry came to less than $100 by todays rates.

Since this was clearly not enough to live on, Shah Bano suedfor regular maintenance payments under Section 125 of theuniform Criminal Procedure Code.

Many Muslim women in straights similar to Shah Banohad in the past won such suits, and indeed, Shah Banowon her case.

However, in Shah Banos case the Chief Justice of theSupreme Court of India took the occasion to remark inhis opinion.

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CONCLUSION

IT SHOULD BE IMPLEMENT IN INDIA

FOR A COUNTRY ALL CITIZENS ARE SAME

ALL THE ACTS SHOULD BE EQUAL IN THECOUNTRY

IT SHOULD NOT BE ANY DIFFRENCES IN

THE RELIGIONS LIKE HINDU AND JAIN,MUSLIM