Gentlemen, I would like to say a few w ords to our countrymen, intellectuals and journalists who reacted with vehemence over the feelings of the Muslims in t he Shah Bano 9 Case as also over the Protection of Rights of Muslim women Bi ll. It should be a code, which is just and proper according to a man of ordinary prudence, without any bias with regards to religious or political considerations. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The , provides a form of civil marriage to any citizen irrespective of religion, thus permitting any Indian to have their marriage outside the realm of any specific religious personal law. Apart from maintenance of wife, there are also provisions for maintenance of mother, father, son and unmarried daughter under the Hindu law.
Similarly, the act through the interpretation of court allows for certain exemptions for tribal customs. Conclusion The implementation of the Uniform Civil Code can be considered as the need of the hour. On 30 November 2016, British Indian intellectual unveiled a 12-point document draft of it, citing no effort by the government since 1950. Their Personal Law is the same and at times, they belong to the same caste and family-in some cases they are blood-relations. We should look at our problems i n their correct perspective and should not try to make a mountain of a mole hill.
This would help in curbing child marriages. Mohammed Ahmad Khan was a well-known advocate in Indore, Madhya Pradesh and had five children with his wife Shah Bano. In India, positive secularism separates spiritualism with individual faith. Justice Kuldip Singh also opined that Article 44 has to be retrieved from the cold storage where it is lying since 1949. In fact, the cause of enmity is 4 selfishness, greed t! The debate now centred on the of their personal law. According to them, the judiciary recommending a uniform civil code was evidence that Hindu values would be imposed over every Indian.
The Trial Court held that in view of the provisions of the 1986 Act the wife after her divorce was grantded maintenance only for a period of three months i. . For instance, in the Indian context, Muslim women are denied personal laws in relation to marriage, divorce etc. In April 1978, when Mohammed Ahmad Khan stopped giving him Rs. While the Muslim Personal Law is yet to be codified because of deep divisions within , Christian and Parsi codes were specified before Independence. Also, punishment for other persons involved in such an act, like the relatives, should be prescribed which would have a deterrent effect on the society. The First World War was fought, at the beginning, between Britain and Germany.
Only after such change will we be able to attain the preambler goal of fraternity, equality and secularism. Maintenance: The maintenance laws for the Hindus and Muslims are very different. Thus in the personal laws, muslim women have very weak status. Similarly, Sir Syed Ahmed Khan was instrumental in bringing change in certain personal laws applicable to Muslims. The book proposes a series of guidelines and considerations to inform this process. Gentlemen, The religion which has reached us and of which we are the trustees, has not reached us through social w orkers, r3formers or empire-builders.
In this case, the victim Shah Bano claimed maintenance from her husband under Section 125 of Criminal Procedure Code after she was given triple talaq. If uniform Civil Code could stop fighting it should have stopped them. The first guideline urges that the process of preparing and implementing a Uniform Civil Code should be the function of the Legislature. The preamble of the Constitution is the essence of the Constitution and the idea of India. As a result, Hindu women have gained new rights, though not complete equality, while women of the minority communities continue to suffer inequalities. While explaining the reason for including Article 44 in the Directives Principles, it was observed, When you want to consolidate a community, you have to take into consideration the benefits which may accrue to the whole community and not to the customs of a part of it. Thus, a lesser version of this bill was passed by the parliament in 1956, in the form of four separate acts, the , , and.
Implementation of Uniform Civil Code in letter and spirit will ensure the ideas mentioned in the Preamble to become a reality. The author critically examines the arguments used by the State to reform, or refrain from reforming, religious personal laws. Thus an order which does not have a substantial anchorage in justice will rest on an unsafe and precarious basis. The Special Marriage Act allowed Muslims to marry under it and thereby retain the protections, generally beneficial to Muslim women, that could not be found in the personal law. If uniform Civil Code came in to India then there will be the one law, one country, and one nation. It soon reached a national level, by consulting legislators, ministers and journalists. While they may provide you with some fodder points, do not spend more time on such op-eds.
The Supreme Court held that the Muslim woman have a right to get maintenance from her husband under Section 125. The grounds enumerated in the code should be reasonable and the procedure prescribed should be according to the principles of natural justice. In this case too, the Supreme Court put its foot down and was of the view that the custom of triple talaq be abolished. The personal laws involved inheritance, succession, marriage and religious ceremonies. The responsi bility of her guardianship, maintenanc and pro tection does not devolve on her family and it becomes difficult for her to live a respectable life.