A Seminar Present Ion

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