Civil law governs the matters pertaining to marriage, adoption, inheritance, succession and so on. In India such matters of the citizens are still governed by the personal laws of their respective communities.
Hindu Code Bill Jawaharlal Nehru inthough he supported a uniform civil code, he had to face opposition by senior leaders like Vallabhbhai Patel and Rajendra Prasad The Indian Parliament discussed the report of the Hindu law committee during the — and — sessions.
The first Prime Minister of the Indian republicJawaharlal Nehruhis supporters and women members wanted a uniform civil code to be implemented. Ambedkar was in charge of presenting the details of this bill. It was found that the orthodox Hindu laws were pertaining only to a specific school and tradition because monogamy, divorce and the widow's right to inherit property were present in the Shashtras.
He had done research on the religious texts and considered the Hindu society structure flawed. According to him, only law reforms could save it and the Code bill was this opportunity. Nehru later supported Ambedkar's reforms but did not share his negative view on Hindu society.
The first President of the country, Rajendra Prasadopposed these reforms; others included the Congress party president Vallabhbhai Patela few senior members and the Hindu fundamentalist parties.
The fundamentalists called it "anti-Hindu" and "anti-Indian"; as a delaying Uniform civil code in india, they demanded a uniform civil code. It was decided to add the implementation of a uniform civil code in Article 44 of the Directive principles of the Constitution specifying, "The State shall endeavour to secure for citizens a uniform civil code throughout the territory of India.
According to academic Paula Banerjee, this move was to make sure it would never be addressed. The laws on divorce were framed giving both partners equal voice but majority of its implementation involved those initiated by men. Since the Act applied only to Hindus, women from the other communities remained subordinated.
For instance, Muslim womenunder the Muslim Personal Law, could not inherit agricultural land. He agreed that it lacked any substantial reforms but felt it was an "outstanding achievement" of his time.
According to him, such a lack of uniformity was preferable since it would be ineffective if implemented.
Thus, his vision of family law uniformity was not applied and was added to the Directive principles of the Constitution.
In many respects, the act was almost identical to the Hindu Marriage Act ofwhich gives some idea as to how secularised the law regarding Hindus had become.
The Special Marriage Act allowed Muslims to marry under it and thereby retain the protections, generally beneficial to Muslim women, that could not be found in the personal law. Under this act polygamy was illegal, and inheritance and succession would be governed by the Indian Succession Act, rather than the respective Muslim Personal Law.
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.
Shah Bano case After the passing of the Hindu Code bill, the personal laws in India had two major areas of application: Bano was a year-old woman who sought maintenance from her husband, Muhammad Ahmad Khan. He had divorced her after 40 years of marriage by triple Talaaq saying "I divorce thee" three times and denied her regular maintenance; this sort of unilateral divorce was permitted under the Muslim Personal Law.
She was initially granted maintenance by the verdict of a local court in Khan, a lawyer himself, challenged this decision, taking it to the Supreme courtsaying that he had fulfilled all his obligations under Islamic law.
The Supreme court ruled in her favour in under the "maintenance of wives, children and parents" provision Section of the All India Criminal Codewhich applied to all citizens irrespective of religion. It further recommended that a uniform civil code be set up.
Besides her case, two other Muslim women had previously received maintenance under the Criminal code in and The Shah Bano case soon became nationwide political issue and a widely debated controversy.
After the anti-Sikh riotsminorities in Indiawith Muslims being the largest, felt threatened with the need to safeguard their culture.The Uniform Civil Code (UCC) in India proposes to replace the personal laws based on the scriptures and customs of each major religious community in the country with a common set governing every citizen.
Uniform civil code is a much talked about law that needs to replace the personal laws which govern the rights of people in terms of customs and rules of each religious community, covering personal. Article 44 of the Constitution of India requires the state to secure for the citizens of India a Uniform Civil Code throughout the territory of India.
As has been noticed above, India is a unique blend and merger of codified personal laws of Hindus, Muslims, Christians, Parsis. Uniform civil code is a term which has originated from the concept of a civil law r-bridal.com envisages administering the same set of secular civil laws to govern different people .
The Goa Civil Code, also called the Goa Family Law, is the set of civil laws that governs the residents of the Indian state of Goa. In India, as a whole, there are religion-specific civil codes that separately govern adherents of different religions.
A uniform civil code administers the same set of secular civil laws to govern all people irrespective of their religion, caste and tribe. The need for such a code takes in to account the constitutional mandate of securing justice and equality for all citizens.