UNIFORM CIVIL CODE (UCC) - WHAT IS THIS - WHY IN NEWS ?

BACKGROUND

Currently In India, There are different Personal Laws for Hindus , Muslims & for other religions and tribe.

Personal Laws mainly covers - 
  • Property   (How Property divided from father to Children)
  • Marriage & Divorce (Hindu & Muslim Marriage & Divorce way different i.e. when marriage valid and when Divorce valid )
  • Inheritance & succession.
A Uniform Civil Codes (UCC) : mean a set of common personal laws for all citizens, irrespective of his/her religion, caste or tribe.
Image result for uniform civil code


















WHAT IS WRITTEN IN OUR CONSTITUTION ABOUT UNIFORM CIVIL CODE?

The need for a uniform civil code is inscribed in Article 44 (Article 35 in the draft constitution). This article is included in Part IV of the Constitution dealing with the Directive Principles Of State Policy. (These are guidelines written) : which states that “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”

The legal nature of the Directive Principles is such that it cannot be enforced by any court and therefore these are non judicial rights.

These guidelines are basically to suggest that the country needs to move in that direction but it can't enforced on anyone. 

But Eventually It's written "There should be a Uniform Civil Code in the country".

WHY NOW IN NEWS ?

There were so many debates on this topic earlier. 

Now -

Law Commission of India  has said that a 'Uniform Civil Code (UCC) is "neither necessary nor desirable at this stage"

LAW COMMISSION OF INDIA

Law commission of India is an executive body established by Government of India. It's major function is to work for legal reform 

Example: whether batting should be legal in sports or not ; Uniform civil code is allowed or not.

The member of Law commission of India then thinks over it and provide its report to Government and then it's on Government whether to make a law or not.

Chairman : Justice B.S. Chauhan (21st Law Commission )

START

In June 2016, Government of India asked the "21st Law Commission" to examine whether in India "Uniform Civil Code" is possible. 

Because, In Consitution, it's written "Eventually we need Uniform Civil Code".

So, On this, Law Commission Member discussed and released a report after two years and said 'Uniform Civil Code (UCC) is "neither necessary nor desirable at this stage"

This is just in nutshell. But there are several points.

WHAT ALL OBSERVATIONS MADE?


  • They told, try to make uniformity in personal laws. But don't impose UCC.
  • Make sure There is not a unfair treatment with females.
  • We have Cultural diversity, So, Cultural Diversity cannot be compromised to the extent of preserving uniformity.
  • The diversity , both religious and regional should not be subsumed under the louder voice of majority.  (i.e. even if Majority told to make UCC - Then diversity should not be subsumed (absorbed).
  • Commission told basic theme should be to protect the Human Rights , Gender Rights, Fundamental Rights.
  • It also suggested to making a POLYGAMY (more than one wife or husband at the same time) a criminal offence and applying it to all communities.
  • The Panel also suggested that 18 years should be minimum legal age for men and women. Currently the minimum age for men is 21 years and for men is 18 years.
The Pros and Cons of Uniform Civil Code 
 
 
l also suggested that 18 years should be the minimum ..
Read more at:
http://timesofindia.indiatimes.com/articleshow/65627043.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cphttps://timesofindia.indiatimes.com/india/uniform-civil-code-neither-necessary-nor-desirable-says-law-commission-in-consultation-paper/articleshow/6562704
For More information, you can access below links:
 
https://timesofindia.indiatimes.com/india/uniform-civil-code-neither-necessary-nor-desirable-says-law-commission-in-consultation-paper/articleshow/65627043.cms
 
https://indianexpress.com/article/india/law-panel-says-uniform-code-not-desirable-now-reform-family-laws-first-5334646/
 
Above Information is as per data available in news till the date when I am posting this.
For Other Topics visit - http://learn2ogether.blogspot.com/
 

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