Uniform civil code

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Uniform civil code by Mind Map: Uniform civil code

1. Simplify the legal system

1.1. Arguments in favour

1.1.1. Simplify the complex laws around marriage ceremonies, inheritance, succession, adoptions making them one for all.

1.1.2. Simplify laws that are segregated at present on the basis of religious beliefs Like the Hindu code bill, Shariat law, and others. Effect Same civil law will then be applicable to all citizens irrespective of their faith.

1.2. Arguments against UCC

1.2.1. Indian laws do follow a uniform code in most civil matters like Indian Contract Act Code of Civil Procedure Sale of Goods Act Transfer of Property Act Partnership Act Evidence Act

1.2.2. States have made hundreds of amendments and, therefore, in certain matters, there is diversity even under these secular civil laws.

2. the Supreme Court sought a reply from the Centre

2.1. seeking gender and religion-neutral uniform grounds of succession and inheritance for citizens in the country.

2.2. on a PIL (Public Interest Litigation)

3. About Uniform Civil Code (UCC)

3.1. refers to a single law, applicable to all citizens of India in their personal matters

3.1.1. such as marriage divorce custody adoption inheritance

3.2. is intended to replace the system of fragmented personal laws

3.2.1. which currently govern interpersonal relationships and related matters within different religious communities.

3.3. provisions of the Constitution

3.3.1. Article 44 of the Constitution lays down that the ‘State shall endeavor to secure a Uniform Civil Code for the citizens throughout the territory of India.’ Article 44 is one of the Directive Principles of State Policy. not justiciable (not enforceable by any court)

4. Personnel laws in India

4.1. At present different religious communities in India are currently governed by a system of personal laws

4.1.1. Focussing primarily on Marriage and divorce Custody and Guardianship Adoption and Maintenance Succession and Inheritance

4.2. Hindu personal law is codified in four Acts

4.2.1. the Hindu Marriage Act,

4.2.2. Hindu Succession Act

4.2.3. Hindu Minority and Guardianship Act

4.2.4. Hindu Adoptions and Maintenance Act

4.2.5. The term ‘Hindu’ also includes Sikhs, Jains Buddhists for the purpose of these laws.

4.3. Muslim personal law is not codified per se

4.3.1. based on their religious texts.

4.4. In the Northeast

4.4.1. there are more than 200 tribes with their own varied customary laws

4.4.2. The Constitution protects local customs in Nagaland, Meghalaya and Mizoram Even reformed Hindu law, in spite of codification, protects customary practices.

5. Situation in Goa

5.1. the only state in India with a uniform civil code.

5.1.1. The Portuguese Civil Code of 1867 which continues to be implemented after India annexed Goa in 1961, applies to all Goans, irrespective of their religious or ethnic community the Portuguese Code is not a completely uniform civil code certain provisions on religious bases

6. Legislative power of parliament

6.1. Arguments in favour

6.1.1. Many judicial pronouncements of higher judiciary have favoured UCC Parliament may make a law to make these judicial pronouncements enforceable Ex- Mohd. Ahmed Khan v. Shah Bano Begum, 1985 Sarla Mudgal v Union of India, 1995

6.2. Arguments against

6.2.1. Parliament does not have exclusive jurisdiction over personal laws personal laws” are mentioned in the Concurrent List not union list

7. UCC & Fundamental Rights

7.1. Arguments in favour

7.1.1. Gender Justice Mostly the religious or customary personal laws are biased in favour of men Personal laws not only violate the right to life, liberty and dignity, guaranteed under Article 21 but also reinforce patriarchal stereotypical notions

7.1.2. Religion and personal law are different avenues In S.R. Bommai v. Union of India religion is the matter of individual faith and cannot be mixed with secular activities Secular activities can be regulated by the State by enacting a law.

7.2. Arguments against

7.2.1. Secular state should not interfere with the personal law A UCC is seen, by many, as a contradiction to the fundamental rights guaranteed under Article 25 (individual’s fundamental right to religion) Article 26(b) (right of each religious denomination to “manage its own affairs in matters of religion), Article 29 (right to conserve distinctive culture).

8. UCC and country’s diversity

8.1. Arguments in favour

8.1.1. Promote national integration Different laws for different religious groups breed communalism Single, secular law governing various aspects of personal matters would arouse a sense of oneness and the national spirit.

8.2. Arguments against

8.2.1. Against the diversity of the country skepticism whether there could ever be uniformity of personal laws in a democratic and diverse country like India.

8.2.2. Lack of national consensus There are still many organisations who advocate rights of minorities as well as many religious clerics oppose UCC.

9. Law commission 2018 report

9.1. a UCC is neither necessary nor desirable at this stage’

9.1.1. the Commission suggests certain measures in marriage and divorce that should be uniformly accepted in the personal laws of all religions.