Professional Documents
Culture Documents
ON
UNIFORM CIVIL CODE
CAN IT EVER BE
IMPLEMENTED IN INDIA?
UNIFORM CIVIL CODE
Personal Status
Rights related to acquisition and
administration of property
Marriage
Divorce
adoption
HISTORY
Indian government ratified the CEDAW (Convention of
the Elimination of all forms of Discrimination Against
Women) in 1993
it also modified laws that were created under the
colonial administration
This brought the secular-Muslim divide created after
independence into sharp focus
some Muslims are resistant to change and claim that
any change to personal law will result in the destruction
of Muslim culture in India
Family law
Family law is an area of the law that deals with
family-related issues and domestic relations
the nature of marriage, civil unions, and
domestic partnerships
the termination of the relationship and ancillary
matters
divorce, annulment, property settlements, alimony,
and parental responsibility
personal Law
In india,most family law is determined by the
religion of the parties concerned
Hindus, Sikhs, Jains and Buddhists come under
Hindu law
Muslims and Christians have their own laws
Muslim law is based on the Shariat
in all other religious communities, laws are codified
by an Act of the Indian parliament
Goa civil code history
There is no question that over 400 years of Portuguese rule have left an
indelible imprint on Goa
Perhaps the most valuable living legacy left in Goa by the Portuguese is
a codified system of Law
there was hue and cry from Muslim Community and this bill
never became an act
objection were raised was that Islam does not recognize
adoption
The custom of adoption was prevalent in pre-Islamic Arabia
Even Mohammad the prophet himself took Zaid, the son of
Haris in adoption.
What has the Supreme Court said
on the issue?
Whether a Christian has the right to bequeath
property to a charity
The court regretted the fact that the state had not
yet implemented a uniform civil code
The apex court has expressed itself in favour of a
uniform civil code
Taken a dim view of the governments and
legislatures inability to bring it into being
There have been other occasions like during the
Shah Bano case and later in the Sarla Mudgal
case
HINDU AND MUSLIM IN
HISTORY
In the post independent India, the Uniform Civil Code
(UCC) is probably one of the most misunderstood
phrases