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A PRESENTATION

ON
UNIFORM CIVIL CODE

CAN IT EVER BE
IMPLEMENTED IN INDIA?
UNIFORM CIVIL CODE

Secular civil laws to govern all people


Those belonging to different religions
and regions
Personal laws based on their religion
or ethnicity
CONTENTS OF 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

It is a codification divided into four sections

Part I contains Articles 1 through 17 delineating the basic provisions of


the Code, the most important of which is Article 7, which establishes the
principles of racial and gender equality

Part II further develops these provisions

Part III deals exclusively and comprehensively with property rights

Part IV concerns itself with matters of civil responsibilities infringement


of rights and their restitution.
Muslim law in India
Muslim personal laws were challenged under the Indian
Constitution. Specifically

The Shariat Act of 1937 had not made any reference to


the government's power to interfere with the system

although one might assume that since the government


passed the act, the government could therefore amend it

"Where by the interests of Muslims, as well as other


minorities, may adequately be safeguarded

The feeling that India might disintegrate if not given a


benign constitution was further accelerated by the
dissolution of the princely states
Civil Code and Adoption
Laws in India

A bill on uniform civil code was introduced in the Indian


parliament

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

deliberately propagated by the politicians to confuse


public and divide them on communal lines for their
political gains.

They created a false hype among Hindus that the


Muslims, who, according to their Personal Laws, have
been permitted to keep four wives at a time, will soon
overtake the Hindu population and reduce them to
minority
Inheritance act in India

The right of inheritance in property of


parents
Even after marriage, they can have
the financial and moral support.
They do not remain only on the mercy
of their husband or in-laws
Because in such cases there was
every likely hood of their exploitation
Marriage act in Muslim personal law
Muslim law based on shariat act.
They have permission to keep four
wives at a time.
That is a universal fact
The job of earning and protection of
the family has always been done by
the male member of family.
Shah Bano case
Shah Bano was an elderly Muslim woman
who in 1978 was thrown out of her home by her wealthy
husband after forty-four years of marriage.
Islamic personal law required the husband only to return to his
wife the dowry she had brought into the marriage. This he did;
the dowry came to less than $100 by today’s rates.
Since this was clearly not enough to live on, Shah Bano sued
for regular maintenance payments under Section 125 of the
uniform Criminal Procedure Code.
Many Muslim women in straights similar to Shah Bano
had in the past won such suits, and indeed, Shah Bano
won her case.
However, in Shah Bano’s case the Chief Justice of the
Supreme Court of India took the occasion to remark in
his opinion
.
CONCLUSION
IT SHOULD BE IMPLEMENT IN INDIA

FOR A COUNTRY ALL CITIZENS ARE SAME

ALL THE ACTS SHOULD BE EQUAL IN THE


COUNTRY

IT SHOULD NOT BE ANY DIFFRENCES IN


THE RELIGIONS LIKE HINDU AND JAIN,
MUSLIM