CHAPTER NO. 3 UNIFORM CIVIL CODE (UCC) LEGAL LANGUAGE II

CHAPTER NO. 03

UNIFORM CIVIL CODE (UCC)

Article 44 of constitution of India lays down on important directive principle of state policy namely, that the state shall endeavor to secure for its citizen, a uniform civil code throughout the territory of India.

Today citizen of India are governed by different personal Laws. Base on their religion & community. A UCC ensure that all citizen of India are governed by the same set of secular civil laws in matters of Marriage, Divorce, Maintenance, Adoption, etc. under the present law Hindus are bound by the law to practice Monogamy as Bigamy (having more than one wife) is an offence, whereas Muslims are allowed by, thus personal law to have 4 wives at a time. Similarly, whereas Hindus have a comprehensive enactment on adoption, this concept is not recognizing by the personal laws of Christians & Parsis, if UCC is enacted all citizen of India would be governed by the same law in all such matters.

The objective underline a UCC is to enhance National Integration by eliminating contradiction based on religious ideologies; all communities in India would then stand on a common platform on civil matters like Marriage & Divorce which are currently governed by Divorce personal laws. The question arise is if the same law of contract and fact applies to a Hindu and Muslim, why not a same law of Marriage and Divorce?

As observed by Supreme Court in Sarla Mudgals case the implementation of UCC is imperative for the protection of oppressed as well as the promotion of National Integrity and unity. It is based on the concept that there is no logical connection between religion and personal law in a civilized society. Marriage, Divorce, Adoption, Succession and the like are matters of secular nature and can therefore be regulated by law applicable to all people in a country.

Time and again the judiciary has given a loud and clear call for the implementation of UCC in India. In 1985, in Mohammed Ahmed Khan V/s Shah Bano Begum Popularly known as Shahbanu’s case, the Supreme Court reminded the parliament in very strong terms of frame UCC. In that case, poverty stuck Muslim woman who was given a triple divorce by her Muslim husband, claimed maintenance from her husband u/s 125 of CrPc. The Supreme Court held that she did not have such right and observed that even the Quran impairs on obligation on a Muslim husband to make a provision for his Divorce wife.

UCC IN GOA:

            While the entire country swings in uncertainty over the implementation of UCC, the tiny state of Goa has shown the right path to the rest of the country. While a wide civil code is still being debated, a positive step in this direction has already been taken several years ago, by the state which has enacted a set of family laws which applies to all family in Goa. There is no discrimination in this code between Hindus or Muslim or Christians or any other community. Based on Portuguese civil code 1876 it governs personal matters like Marriage, Divorce, Succession, guardianship, etc. and embraces the concept of general equality.

            Under this code every birth, death and marriage is compulsory registrable. The code provide equal decision of property between husband and wife and also between children, irrespective of children it enacts the rule of Monogamy and Muslims and whose marriage are registered in Goa can neither take a second wife nor divorce the existing one by pronouncement of Talak.

            With regards to distribution of property at the time of divorce each spouse is entitled in case of divorce to half a share in property. As far as succession is concerned in case of death of spouse, it is provided that ownership of half the poverty is to be retained by the serving spouse and other half is equally divided among the children, irrespective of whether they are male or female, and whether they are unmarried or have got married and left the house. This provision has disable parents from totally disinheriting their children, because the children fall in the category of what was known as mandatory heir.