NEED FOR A UNIFORM CIVIL CODE-
India is rich in culture, heritage, languages, castes, creed, and religions, and thus different sects of people act differently. The Hindu Marriage Act, 1955 governs marriage and divorce among Hindus. Marriage Ceremonies form an essential condition whereas registration is optional. It also covers divorce and maintenance. Succession among Hindus is subject to the provisions of The Hindu Succession Act, 1956. Adoption and maintenance are dealt by The Hindu Minority and Guardianship Act, 1956 and the Hindu Adoptions and Maintenance Act, 1956.
The Special Marriage Act, 1954, contains provisions for a special form of marriages. It applies to Hindus, non-Hindus and foreigners marrying in India who choose to not be governed by the ceremonial marriage under their personal laws.
The Parsi Marriage and Divorce Act, 1936 which was later amended in 1988, is a legislation governing the Parsi marriages and divorce, while for Christians, The Christian Marriage Act, 1872, governs marriage while the Divorce Act, 1869 (amended in 2001) governs divorce. The Muslim Personal Law (Shariat) Application Act, 1937, The Muslim Women (Protection of Rights on Divorce) Rules, 1986, The Muslim Women (Protection of Rights on Divorce) Act, 1986, & The Dissolution of Muslim Marriages Act,1939 are the main legislation governing Muslims.
In the Hindu Law, the problem which arises is with the registration of marriages and the inability to nullify child marriages.
In Seema v. Ashwani Kumar, all Indian states were directed to make the registration of marriages compulsory without taking into consideration the religion of the parties or the duration of marriages. A large number of abandoned spouses in India are a result of non-registration of marriages. However, non-registration of a marriage does not render it void and thus, the implementation of the same is still undermined.
Under the Muslim Law, a problem is posed by additional courts. Notices were issued by the Apex Court in the case of Vishwa Lochan Madan v. Union of India and others to the central as well as the state governments, and Darul Uloom, an Islamic seminary, and All India Muslim Personal Law Board (AIMPLB) regarding parallel Islamic Courts (Shariat Courts) existing in the country which poses hindrances to the Indian judiciary. The court also restrained these courts by issuing a direction not to pass any decisions, remarks, judgements or fatwas on Muslim matrimonial disputes.
Caste panchayats among Hindus at the village level also play an important role in various states of the country traditionally. But and their decisions are not enforceable by law as they are extra-constitutional bodies and lack the recognition of law. Community recognition helps them survive & heinous crimes such as honour killing committed by the Khap Panchayats are well known.
Muslim Law contains provisions for Mehr which is an amount to be fixed at the time of marriage as a consideration for the performance of the marriage. Under Muslim Law, marriage is a contract. Provisions for maintenance are not specifically supported by the Muslim law and thus the mehr is what is expected to compensate for it. The husband cannot escape Mehr, only the wife can waive off her right over it. Women, although, are discriminated against by other provisions of the Muslim law. Polyandry is prohibited while polygamy is not. Muta Marriages can be performed by the male and not a lady.
The Hindu Law differs in this aspect. The legislation itself has provisions for the wife’s maintenance. There is equality to a great extent for the grounds of divorce between the husband and wife. Moreover, the wife has additional grounds available as well.
The Indian Constitution, on one aspect, gives recognition to personal laws while Articles 14 to 19 enshrine equality. Different personal laws treat persons differently. Morality and human rights are thus questioned due to personal laws.
Mr. M.C. Chagla, in his article in 1973 “Plea for Uniform Civil Code”, while making a vehement plea for uniform civil code states that, Art. 44 of the Indian Constitution becomes mandatory, thus the government is bound by it and should implement it. Further, the constitution is for all the citizens and everyone, i.e. each sect, religion or society should accept what it lays down. Art. 44 lays down provision for a uniform civil code, but even after 60 years, the same has not been effectively brought into implementation. The reason is that we have still not been able to overcome our differences and have not achieved peace, harmony and brotherhood, even though we talk about it. Dr Tahir Mahmood in “Muslim Personal Law” says that the state should stop personal laws.
To conclude, a society which is compartmentalized by its law can hardly become a homogenous society. Thus, Uniform Civil Code which brings all the religions and sects under one umbrella is the need of the hour.