Dr. Kankana Goswami Bharadwaj
Fulfilling the promises of the election manifesto° The first cabinet of the second term of the Himanta Biswa Sharma government took a landmark social reform decision. UCC Bill to be introduced in Assembly session in May Under Uniform Civil Code, polygamy will be abolished in Assam, marriage registration will be compulsory for all religions, Constitution of India will apply ‘minimum age of marriage’ for all religions, strict rules will apply on live-in relationships.
The Uniform Civil Code is included in the ‘Directive Principles of State Policy’ of the Constitution of India. Article 44 of the Guiding Principles of the Constitution of India was intended to eliminate discrimination and achieve harmony among diversities across the country.
It is worth mentioning that with the implementation of Uniform Civil Code, India has emphasized on removing the laws of each religion like “Hindu Personal Law”, “Muslim Personal Law” etc. and making one law for people of all castes and religions.
This Uniform Civil Code d° This is one of the main promises of the Bharatiya Janata Party, guided by Shyama Prasad Mukherjee’s concept of “One Country, One Law”.
This initiative has been welcomed by the educated section of Assam’s Islamic community as well as women. The main reason behind this is the narrow view of personal law towards women, i.e. inequality of laws relating to marriage, divorce, inheritance etc. Instead, the legal system of equal status and equal rights available under the Uniform Civil Code has provided social relief and legal protection to women of different religions in various fields.
For example, while Christian women cannot use adultery alone as a valid ground for divorce under the Christian Marriage Act 1872, adultery against women is used as a valid ground for divorce by Christian men. In the case of Ammini EJ v. Union of India, the Kerala High Court termed such disparity in legal provisions between men and women as violative of Article 21 of the Constitution of India.
Similarly, in the case of Hindus, under the Mitakshara school, Hindu women had no right to ancestral property. However, after the 1985 Lata Mittal case, Hindu women were given equal rights to ancestral property.
In 1955-56, Pandit Jawaharlal Nehru, assisted by Dr. BR Ambedkar, abolished personal laws for Hindus and passed several laws (Hindu Marriage Act, 1956, Hindu Adoption and Fostering Act, 1956, Hindu Minors and Parents Act, 1956, Hindu). Inheritance Act etc) enacted.
The relevance of the UCC was legally established by the Supreme Court in the Shah Bano Begum case of Mohammad Ahmed Khan v. Mohammad Ahmed Khan in 1978. In the case, Shahbanu Begum (62) claimed maintenance under Section 125 of CrPC after her divorce. However, her husband argued that under Muslim personal law, a Muslim husband is only required to pay maintenance until the Eid period (90 days) has passed.
In a landmark judgment, the Supreme Court upheld Shah Bano’s maintenance under the CrPC. However, the Rajiv Gandhi government elected in 1984 ignored the Supreme Court and enacted the Muslim Women (Protection of Rights to Divorce) Act.
At a later stage Ms. Jordan Diengdeh v. SS Chopra (1985), Sarala Mudgal v. Union of India (1995), and recently the controversial Shayra Bano Vs. In its landmark judgment in Union of India, the Court elaborated on the necessity and relevance of the Uniform Civil Code and described many of the practices prevalent under the Labor Act as inhumane, unconstitutional, undeveloped and anti-social.
It is noteworthy that the UCC has also come under scrutiny as a legal campaign against unnecessary and irrelevant practices such as polygamy practiced under various religions. The practice of ‘polygamy’, which denies constitutionally guaranteed equality, is natural or inevitable to be the focus of legal, socio-intellectual considerations. There are many examples in the history of the world where people did not hesitate to convert for the sake of polygamy. The Sarla Mudgal case in India is a historical example in this regard. In the case, the Supreme Court took a strong stance against conversion for second marriages, denied the legal status of such second marriages and advocated bringing all religions under the UCC.
It is notable that those who argue for polygamy argue that it helps to grow a family when the woman is physically unable to bear children. However, with the help of medical science and technology, there are many clinical options, including IVF, surrogacy, etc., as well as legal processes like adoption, that can give families relief in having children. Besides, many Islamic countries of the world like Pakistan, Türkiye, Tunisia, Iran etc. have already banned polygamy.
Even after 75 years of independence, in a secular and progressive country like India, why such practices of exploitation and degradation of women are still going on today is a matter of concern. The time has come to highlight these issues in the civilized society, intellectual circles, law making and judiciary.
Generally understood, equal status and equal rights cannot be contrary to the religious sentiments of any religion. In this regard, the Supreme Court of India has clearly stated that – “Whenever there is a conflict between the Constitution and the customary law, the Constitution of India shall prevail!” That is, where there is a conflict between the Constitution and customary law, the Constitution of India will prevail. The Uniform Civil Code is an essential step to achieve equality and fundamental rights enshrined in the Constitution!
(Note: The views expressed in this article are entirely personal of the author and do not reflect the views of Northeast Now.)
