Uniform rights not laws
Present circumstances:
- The 22nd Law Commission of India has asked the general public and recognised religious organisations for their thoughts on the Uniform Civil Code (UCC).
- According to Article 44 of the Indian Constitution, “the State shall endeavour to provide for the Citizens a uniform civil code (UCC) throughout the territory of India.”
- In keeping with human rights and the principles of justice, equality, and fairness, there is a need for a single civil code.
Regarding the prior 21st law commission of the UCC:
- A universal civil code’s construction was earlier deemed not necessary nor desirable at this time by the 21st Law Commission, which was led by former Supreme Court Justice Balbir Singh Chauhan.
- “Mere existence of difference does not imply discrimination, but is indicative of a robust democracy,” the Commission had stated.
- It has been observed that the majority of countries are moving away from legal norms that are biassed towards the weaker and more disadvantaged groups and are based on cultural uniformity among people.
According to the 21st Law committee:
- Instead of enacting a UCC, it underlined the need to modify family laws in every religion to make them gender-just. Instead of discussing law, it talked about the consistency of rights.
- Specific groups cannot be victimised in the name of diversity, and “women must be guaranteed their freedom of faith without any compromise on their right to equality”
- Therefore, the commission makes several recommendations for revisions to both the personal rules of all religions as well as the secular laws that are harmful to women and children.
- The Law Commission, however, chose not to make any recommendations regarding the triple talaq, Muslim bigamy, or the legality of adultery under Section 497 of the IPC because the Supreme Court or Parliament were addressing these issues.
- Therefore, the recommendations of the 21st Law Commission regarding the economic rights of women were its most significant recommendations.
- While examining various personal law systems, the Commission denounced the Hindu coparcenary system and Hindu Undivided Family (HUF) property. In its analysis, it claimed that this technology was only ever used to evade paying taxes.
UCC is an action that will empower women:
- Concern over the discrimination women experience with regard to inheritance under all personal laws was brought up in the 21st Law Commission report.
- It proposed codifying Muslim succession and inheritance law and establishing uniform succession guidelines for Shi’ites and Sunnis.
- It was said that the basis for succession and inheritance should be “proximity to the deceased rather than a preference to male agnates”.
- Even if she is childless, a Muslim widow should be qualified to receive the deceased’s property as a Class I heir.
- Another property-related problem that was covered in the research was how to distribute marital assets in the case of a divorce.
- The Law Commission recommended that all personal laws include “no-fault divorce” and require that, in the event of a divorce, all property acquired during the marriage be divided equally between the two parties.
- Another important recommendation made by the 21st Law Commission concerned the rights that a person with a disability has in a marriage.
Commentary from the Muslim polygamy commission:
- While polygamy is permitted in Islam, Indian Muslims rarely use it; on the other hand, persons of other faiths who convert to Islam in order to marry someone else frequently abuse the practise.
- Regarding the topic of custody and guardianship:
- The report also includes a number of recommendations regarding the rights of Parsi and Christian women, as well as those who were married under the Special Marriage Act, and the Law Commission highlighted that courts must abide by the “best interest of the child” norm.
Conclusion:
- However, homogeneity, a vital element of secular India, should not be abandoned in favour of variety. Reforming civil rules is a major step towards protecting the rights of women, children, and vulnerable sectors of society in civil concerns.
