UNIFORM CIVIL CODE

Uniform Civil Code (UCC) Overview:

• The UCC in India aims to replace personal laws with common laws for all citizens.
• It covers areas like marriage, divorce, inheritance, adoption, and maintenance.

Genesis and Historical Context:

• Uniform Civil Codes are followed in various countries like the UK, France, and the US.
• In India, differing personal laws were maintained during British rule and post-independence.

Special Marriage Act and Secularism:

• The Special Marriage Act of 1872 required individuals to renounce their religion for marriage.
• The Special Marriage Act of 1954 provides civil marriage rights without renouncing one's religion.

Goa Civil Code (GCC):

• The Goa civil code is based on the Portuguese Civil Code, providing common laws for all native Goans.
• It disallows practices like polygamy and has specific provisions for different communities.

Need for UCC in India:

• To ensure substantive equality and gender justice in a rights-based society.
• Challenges arise due to patriarchal notions and opposition to shedding traditional practices.

Indian Legal Cases Supporting UCC:

• Shah Bano Begum v. Mohammad Ahmed Khan highlighted maintenance rights for women.
• Danial Latifi v. UOI emphasized the need for reasonable provisions for divorced women.

UCC Implementation Challenges:

• Opposition from religious communities due to perceived infringement on religious identity.
• Implementing a UCC requires balancing religious freedoms with gender equality.

Future of UCC in India:

• Continued legal and political discourse on implementing a UCC.
• Efforts towards national unity and secularism while respecting diverse religious practices.

Sarla Mudgal v. Union of India (1995):

• Hindu husband cannot convert to Islam and marry another woman without dissolving his first marriage
• Uniform Civil Code (UCC) would prevent fraudulent conversions and bigamous marriages

John Vallamattom v. Union of India:

• Section 118 of the Indian Succession Act was declared discriminatory against Christians
• Court observed the need for national integration through UCC

Shayara Bano v. Union of India (2017):

• Triple talaq practice declared unconstitutional and violative of Muslim women's dignity
• Fresh call for UCC in 2023 rekindled the discussion

Uniform Civil Code of Uttarakhand, 2024:

• Applicable to whole of Uttarakhand and residents of UK residing outside UK
• Divided into four parts: Marriage & Divorce, Succession, Live-in Relationships, and Miscellaneous

Part 1: Marriage and Divorce:

• Specifies conditions for solemnizing/contracting marriage
• Prohibits dissolution of marriage in any manner except in accordance with the provisions

Grounds of Voidable Marriages:

• Outlines grounds for annulment of marriage
• Prohibits dissolution of marriage contrary to the code

UK Uniform Civil Code Part 2: Succession:

• Covers intestate and testamentary succession
• Enforces protection of deceased estate and representative title on succession

UK Uniform Civil Code Part 3: Live-in Relationship:

• Requires submission of statement by partners in live-in relationships
• Establishes legitimacy of children in live-in relationships

Summary Inquiry by Registrar:

• Registrar can summon partners/persons for verification and request additional information.
• Registrar must decide within thirty days whether to register the live-in relationship.

Registration Process:

• Live-in relationship registration is for record purposes only.
• Partners can terminate the relationship by submitting a termination statement.

Registrar's Duties:

• Registrar forwards live-in relationship statements to the local police station.
• Informs parents/guardians if either partner is under twenty-one.

Notice Requirement:

• Registrar can require partners to submit a statement if not done within thirty days.
• Registrar takes action as per procedure upon submission.

Offences and Penalties:

• Imprisonment or fine for staying in a live-in relationship without informing the registrar.
• Penalties for making false statements or failing to submit required statements.

Maintenance and Legal Rights:

• Women can claim maintenance upon desertion by their live-in partner.
• Discussion on concerns related to tribal exclusion and moral policing.

Inconsistencies in Personal Laws:

• Comparison of various personal laws highlighting differences.
• Pointing out the need for uniformity and progressive reforms.

The Way Forward:

• Advocacy for a Uniform Civil Code to rectify inequalities and promote equality.
• Highlighting the potential benefits of a UCC for national integration and modernization of laws.