The Uniform Civil Code

A look at the Questionnaire On Uniform Civil Code, the Law Commission of India issued to all the States on 7 Oct. 2016 giving a time limit up of 45 days up to 22 Nov. 2016, for the answer, touches a most important Aspect of the life of the Citizens -the Practices of Marriage in India- and the formulation of a Uniform Civil Code for the Practices. It is a fact that a progressive developing Society needs Law, Order, Civilized, Sensible Systems that governs the People and the Society. Of the Systems, one of the most important is the System of Marriage Practices. A civilized, orderly and progressive Society needs a laid down Regulations on its important practice of Marriage and not leave it to the whims and desires of the Individual. An Individual from a monogamous Society may adopt polygamy just to have one more desirable woman for his wife and have progenies who may claim advantage of one or the other Practices to his advantage in claiming the Inheritance of the ancestral Property. Or an Individual may convert from one religious practice to another in order to satisfy his Agenda of personal gain or to eliminate his or her Espouse. For an orderly, progressive and peaceful Equality of the people in the Society, a codified practice is welcome. But most marriage Practices involve one or more precepts of a Religion. The practice may simply be a Social Contract or Agreement between a Man and a Woman today. And the uncontrollable progress of civilization today is sometimes producing the Union of Man and Woman just for the heck of it with burdensome consequences to their Society. Considering all these, codified Marriage Practices are welcome in a developing Society. Already separate codified Hindu, Muslim, Christian and other Religious Marriage Practices are in existence in the State of India. And it may be necessary to put the existing Personal laws and customary Practices separately in a Civil Code of each Religious Community rather than in One Uniform Code for the whole Country. India is of Multi-Culture, Multi-Religion big Country and composed of Diverse Peoples in different levels of Progress, Education, Economy and Awareness of the World today that even the Constitution provides different privileges, concessions and rights to different Communities. Kashmir and Nagaland, each has Special and even peculiar Constitutional Provisions. A Uniform Civil Code may not satisfy the needs of a multifarious population like in India, it may even raise more difficulties and burdens to the State than a smooth Sail. Any person in the Country can express his views and here are my personal views in Italics: Questionnaires on Uniform Civil Code. 1. Are you aware that Article 44 of the Constitution of India provides that “the State shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India”? a. Yes, Because of the words in Quotation at 1. b. No..x.. . In your view, does this matter require any further initiatives? It Still require extensive and deeper community-specific Enquiries than 16 Question can prove. 2. The various religious denominations are governed by personal laws and customary practices in India on matters of family law, should the UCC include all or some of these subjects? i. Marriage, ii. Divorce, iii. Adoption, iv. Guardianship, v. Maintenance, vi. Successions and vii. Inheritance. a. Yes, it should include all these. b. No, it should exclude, c. It should further include Live-in and same sex marriage. 3. Do you agree that the existing personal laws and customary practices need codification and would benefit the people? a. Yes, but by its own community for its own community and not in a Uniform Civil Code, b. No. x, c. No one uniform code for all religious communities, d. Personal laws and customary practices should be replaced by a uniform code, Personal laws & customary practices contravening Universal Fundamental Human Rights to be reformed, and addressed to the specific Religion or Community but not in a Uniform Code. 4. Will uniform civil code or codification of personal law and customary practices ensure gender equality? b. No. Doubtful. 5. Should the uniform civil code be optional? No. No uniform civil code. 6. Should the following practices be banned and regulated? a. Polygamy. already banned for most Government Employees, should be strongly regulated, b. Polyandry, legally should strongly be regulated, c. similar customary practices such as Maitri-karaar (friendship deed) et al, should be legally regulated. 7. Should the practice of triple Talaq be a. abolished in toto. If it contravenes Fundamental Rights. Retain the Custom. No. c. Retained with amendments. If it does not contravenes Fundamental Rights. 8. Do you think that steps should be taken to ensure that Hindu women are better able to exercise their right to property, which is often bequeathed to sons under customary practices? a. Person who bequeaths should decide and judiciary investigation if foregoted. 9. Do you agree that the two-year period of wait for finalizing divorce violates Christian Women’s right to equality? a. separation with no time limit to mutual and peaceful separation with provision of financial support to the Wife till whoever marries first is Ex-communicated from the Church freeing the other to marry. 10. Do you agree that there should be a uniform age of consent for marriage across all personal Laws and customary practices? a. Yes. 16 for Girls and 18 for Boys, b. Customary laws should not interfere on this, c. the ‘voidable’ marriage system holds good. 11. Do you agree that all the religious denominations should have the common ground for divorce? Partly answered at 9, same ground for divorce should be available to both the man and the woman. 12. would uniform civil code aid in addressing the problem of denial of maintenance or insufficient maintenance to woman upon divorce? a. the Indian Divorce Act in existence today should be reformed enough for the Court for grant of reasonably enough financial maintenance. 13. How can compulsory registration of marriages be implemented better? By bi-annual Notice in the Notice Boards of Village Councils, District Collectors Notice Board, Transport Tickets, and in Permanent Stone Addicts or Mile Stones in the City Centres. 14. what measures should we take to protect couples who enter into Inter-religion and inter-caste marriage? They must enter into Terms of the Marriage registered in the Court of law. 15. Would uniform civil code infringe an individual’s right to freedom of Religion. a. Yes. Any restriction done outside a person’s Religion may infringe on the freedom of Religion. Reason: 1. The food in one Religion may be taboo in another Religion. 2. One Religion’s sacred date may be a working day for another.

Thepfulhouvi Solo. IFS Ret (RR-68) Retd Principal Secretary, Nagaland.