Uniform civil code in india
Such questions are bound to be raised after the implementation of the UCC.
Uniform civil code debate
During matrimony, both parents have a common right over the estate, but on dissolution, the property has to be divided equally; son and daughters have the equal right on the property. In a similar fashion, the UCC can be implemented, which will cover all the religions, whether major or minor, practiced in India and any person who comes to India has to abide by the Code. For instance, the law pertaining to succession among Hindus is unequal in the way it treats men and women. Such questions are bound to be raised after the implementation of the UCC. Directive Principles of State Policy. Legal experts say that the Supreme Court missed an opportunity to decide on the issue in when it outlawed triple talaq without addressing the core issue: whether personal law practices should prevail over the fundamental rights of life, dignity and non-discrimination. The UCC should carve a balance between protection of fundamental rights and religious dogmas of individuals. Divorce also would be governed by the secular law, and maintenance of a divorced wife would be along the lines set down in the civil law. Bano was a year-old woman who sought maintenance from her husband, Muhammad Ahmad Khan. How can we issue a mandamus in a matter like this? These personal laws are varied in their sources, philosophy and application. With the enactment of a uniform code, secularism will be strengthened; much of the present day separation and divisiveness between various religious groups in the country will disappear, and India will emerge as a much more cohesive and integrated nation. After the anti-Sikh riots , minorities in India , with Muslims being the largest, felt threatened with the need to safeguard their culture. The basic idea behind the formulation of a uniform civil code is to end discriminations based on religions. But more importantly the Hindu Code bill because much of the charge of phoney secularism starts here.
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The Congress reversed its previous position and supported this bill while the Hindu rightthe Left, Muslim liberals and women's organisations strongly opposed it. We have taken a view that these are decisions to be taken by Parliament.
Since the Act applied only to Hindus, women from the other communities remained subordinated. As we have seen that the success of the contentious bill to ban instant triple talaq is now punishable. Also, more aspects of personal laws are likely to be taken up for scrutiny which marks the incremental progress towards UCC.
In India, positive secularism separates spiritualism with individual faith. A divorced Muslim woman is entitled to maintenance from her husband during the period of iddat, after that Muslim personal law though nowhere expressively permits maintenance after divorce but it also does not prohibits, specifically or impliedly, it anywhere.
Many think that under the guise of UCC, the Hindu law will be imposed on all. UCC will bring both men and women at par. Bano was a year-old woman who sought maintenance from her husband, Muhammad Ahmad Khan.
For instance, the law pertaining to succession among Hindus is unequal in the way it treats men and women. It is necessary that law be divorced from religion. The Hindu Right, of which Modi is a part, asks, why must only the Hindus be asked to reform?
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