IMPACT OF UNIFORM CIVIL CODE ON PERSONAL LAWS BY - SUYASHI VINIT
IMPACT OF UNIFORM CIVIL CODE ON PERSONAL LAWS
AUTHORED
BY - SUYASHI VINIT
Amity
Law School, Amity University, Patna
BBA
LLB(H)
Introduction
With the implementation of Uniform
Civil Code, there will be nationwide uniformity in regulatory laws relating to
marriage, adoption, divorce, maintenance and inheritance, irrespective of the religion
of the citizens. There will be no personal laws, rather one law will be in
existence over the subject matter, for various religions. This will ensure the
same procedure and similar outcome for the people sharing the same land. On one
side, it will ensure equality amongst the people irrespective of their religion
(which is the aim of the constitution that there shall be no discrimination on
the grounds of religion), but on the other side, it will definitely hinder in
the age old religious practices since different communities will be bound to
follow the same code. Since India is culturally rich and diverse, so are the
rituals and practices. Some religion enjoy over a few subjects while are
deprived over others as per their religious beliefs and practices. It is a fair
possibility that the implementation of UCC may create chaos as there is
sometimes no uniformity in rituals and practices even amongst the \various
communities of the same religion. Since the implementation of UCC is not compulsory and is for the welfare of the state,
its implementation instead of being uniform should be reformed. Whatever the
government feels unfair in a particular religion for all or some of its people,
should be reformed. And there should be an introduction of “Reformed Civil Code”
instead of the Uniform Civil Code for the people who share the same land but
vary majorly by culture, rituals, practices and religion.
Impact of Uniform Civil Code on various communities
Let us look briefly into
the existing rules that would be hindered when UCC comes into application
Hinduism
Marriage
For the Hindus, the
existing laws are regulated through the Hindu Marriage Act (1955). It has its
own guidelines for conditions of marriage, ceremonies, registration etc. It
also mentions the provisions for nullity of marriage and divorce procedures.
Bigamy is punishable under this law. Scheduled Tribes are not regulated through
this act. As per this act, customary practices will only prevail over in case
of colliding laws and customs. Also, the minimum age of marriage for girls is
18 years and for boys is 21 years.
Succession
The existing laws in this
regard is regulated through the Hindu Succession Act (1956). The two major highlights
in this regard is that firstly, the primary heirs of a deceased wife are
husband’s family members. Secondary heirs are her own parents and siblings. Secondly,
this act defines and differentiates between self acquired property and
ancestral property. A grandchild will have no birth rights over the
grandparents self acquired property, but will have a birth right over the
ancestral property.
Inheritance
These are regulated
through the Hindu Succession Act (1956). The laws related to inheritance
prefers full blood relations over half blood relations. It lays down the
guidelines over who can inherit and who are not eligible to do so.
Adoption
These are regulated
through the Hindu Adoption and Maintenance Act (1956). It is meant for Hindus,
Buddhists, Sikhs and Jains.
Hindu
Undivided Family
This is recognized as a
separate entity. They have the privilages to run the business, separate PAN card,
invest in shares. They enjoy tax exemption of rupees 2.5 lakh. With the
implementation of uniformity in tax, insurance and investment with introduction
of UCC, will become challenging to decide for them.
Islam
Marriage
This is regulated through
the Muslim Personal (Shariat) Application Act, 1937. It regulates marriage, divorce,
maintenance. Polygamy is accepted under this law. When the girls attain the age
of puberty, they become eligible to get married, which is related to their
spiritual and religious value. The age permissible for marriage is lower than
that of Hindus. When UCC comes into mainstream, there is a chance of conflict
over this issue`
Adoption
They cannot adopt a
child. This is as per their religious belief and thus no provision for adoption
is there. But they can provide financial help for maintenance of a child. They
can become ‘Kafil’ for the welfare of a child. With the implementation of UCC,
these rules might change and cause hinderances in their religious belief.
Polygamy
Polygamy is permitted in
Islam. Men can marry up to 4 women at a time but women cannot marry more than
one man. Women has to be devoted to one man (single husband) only and cannot
enter more than one marriage at a time.
Christian
Marriage
Marriage is considered as
a sacrament in this religion. There exists no concept of divorce in this
religion an cannot be broken. Marriage is considered permanent and is
insoluble. With the implementation of UCC, these rules will definitely be changed,
causing hindrance in their religious issue. Their marriages at present in India gets dissolved through
the Indian Divorce Act of 1869.
Succession
It works under the
regulation of Succession Act 1925, and mother has no right in the property of
deceased kids. Only father has the right over such property. With the
implementation of UCC it is expected that uniformity in law across the nation
may give some rights to women.
Sikhism
Marriage
The Sikhs can get into
marriage through the Anand Marriage Act, 1909, but there is no provision for
divorce. So, they can get separation through the Hindu Marriage Act. With the implementation of UCC, there will be
ways to get marriage dissolved in case it is incompatible.
Effect
of Uniform Civil Code
With the implementation
of UCC, there will be both positive and negative impact. On one side, some
provisions would be providing rights to people who could not get through their
religion. But on the other side, it will interfere with the religious belief.
It will also cause confusion and collision between custom and regulation. This
subject may become a cause of religious conflicts as some regulations may seem support
a particular religion and non supportive for other. With so much of diversity,
having a similar regulation may create confusion, anger and competition amongst
people since it will be binding upon all above their customs.
Conclusion
The uniform civil code will
provide a platform for uniformity for subjects such as marriage, divorce,
adoption, inheritance and succession. There will be no need of separate
scholars for different religion over similar subjects. But at the same time,
with so much of diversity and belief, it would become difficult to regulate
them with similar laws. This might even hurt the sentiments of religious
believers as over every subject there is going to be a regulation which might
be contradicting the original customary practice. The civil code instead of
being uniform, should be reformed to provide citizens equality on land and have
consideration for all, irrespective of gender.
References
https://frontline.thehindu.com/the-nation/empowerment-or-exploitation-how-uniform-civil-code-will-impact-womens-rights-in-india/article67109276.ece