However, when a writ petition was filed calling for a direction to mandate the government to introduce a uniform civil code in the country, the same was dismissed on the ground that this was a matter for the legislature and not the judiciary. Time and again, the judiciary has given a clear call for the implementation of a uniform civil code in India. essay revision service of pay rules 2017 Where, they ask, is the all-India law that prohibits consumption of intoxicating drinks? They fear that a common code will neglect their traditions and impose rules which will be mainly dictated and influenced by the majority religious communities.
Considering a major opposition from Muslim community in India over this issue overlapping with controversies over beef, saffronization of school and college curriculum, love jihad, and the silence emanating from the top leadership on these controversies, there needs to be given sufficient time for instilling confidence in the community. Notify me of follow-up comments by email. college essay writers block example Based on the Portuguese Civil Code of , it governs personal matters like marriage, divorce, succession, guardianship, etc. As far as succession is concerned, in case of the death of a spouse, it is provided that the ownership of half the property is retained by the surviving spouse, the other half to be equally divided amongst all the children, irrespective of whether they are male or female, or whether they are unmarried or have got married and left the house.
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But there appears a lack of secular commitment, as it has not happened for other religions. All communities in India would then stand on a common platform on civil matters like marriage and divorce, which are currently governed by diverse personal laws. In that case, a poverty- struck Muslim woman claimed maintenance from her husband under S. Under this Code, which enacts a very progressive law, every birth, death and marriage is compulsorily registrable, and it provides for an equal division of property between husband and wife irrespective of gender and also between children.
In the above case, the court directed the then Prime Minister, PV. There is no discrimination in this Code between Hindus or Muslims or Christians or any other community. However, since this involves radical changes in existing personal laws, the move for reform would take a better shape if there is sufficient pressure from within the various communities that co-exist in India, rather than by one broad sweep of legislation. And which law has been implemented to guarantee equal pay for equal work to both men and women? Based on the Portuguese Civil Code of , it governs personal matters like marriage, divorce, succession, guardianship, etc.
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Why do we need it now? What's trending in ClearIAS? The government should be sensitive and unbiased at each step while dealing with the majority and minority communities. In , the Supreme Court reminded the Parliament in very strong terms to frame a uniform civil code in Mhd. the help essay for environment today With the implementation of Uniform Civil Code, all citizen will share the same set of personal laws.
Protestors took to the streets, disturbances erupted all over the country and Muslim leaders vowed that they were prepared for any sacrifice to protect their personal law. There is yet another angle from which this issue needs to be examined carefully. dissertation writers online verlag It is based on the concept that there is no necessary connection between religion and personal law in a civilized society.
Many communities, particularly minority communities perceive Uniform Civil Code as an encroachment on their rights to religious freedom. Free download Guidance and Strategies: Men are usually granted upper preferential status in matters of succession and inheritance. persuasive essay helper outline format If it is made optional, it can provide free choice, and facilitate harmonisation of social relationships across the country in keeping with the changing contours of emerging societal realities.
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Notify me of follow-up comments by email. In a rather lengthy judgment, the Judge touched upon the importance of a uniform civil code at least twenty times, and lamented as under:. To provide equal status to all citizens In the modern era, a secular democratic republic should have a common civil and personal laws for its citizens irrespective of their religion, class, caste, gender etc. Men are usually granted upper preferential status in matters of succession and inheritance. This supersedes the right of citizens to be governed under different personal laws based on their religion or ethnicity.
Otherwise, these efforts towards common will be counterproductive leaving minority class particularly Muslims more insecure and vulnerable to get attracted towards fundamentalist and extremist ideologies. State of AP, AIR SC , it was held that although a uniform civil code is highly desirable, it ought not to be enacted in one go, as that would be counter-productive to the unity and integrity of the nation. Free download Guidance and Strategies: And which law has been implemented to guarantee equal pay for equal work to both men and women?
They cannot be disinherited save under extraordinary circumstances listed in the Code. In the latest landmark judgment delivered on February 9, , the Supreme Court looked at the issue from a slightly different angle, and lamented that ever since independence, the attempts of the government to reform personal laws have not gone beyond Hindus, who have shown more tolerance in this respect. The Union law ministry has recently asked the law commission to examine the matters in relation to the implementation of the uniform civil code. Free download Guidance and Strategies: Their social attitudes and aspirations are shaped by universal and global principles of equality, humanity, and modernity.