The Law Commission of India has prepared questionnaire to seek suggestion and ideas of public at large on the exercise of creating a Uniform Civil Code for all Indian citizens. The notice/ appeal of law commission along with the list of questions can be accessed from this link – http://lawcommissionofindia.nic.in/questionnaire.pdf
1. Are you aware that Article 44 of the Constitution of India provides that “the State shall endeavor to secure for the citizens a Uniform Civil Code throughout the territory of India”?
a) Yes
b) No
In your View, does this matter require any further initiatives?
My View – Yes, I am aware of article 44 of the Constitution of India. It is subjected to state policy and this matter does not require any further initiatives
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?
a) Marriage
b) Divorce
c) Adoption
d) Guardianship and Child Custody
e) Maintenance
f) Succession and
g) Inheritance
a) Yes, It should include all these
b) No, it should exclude ____
c) It should further include _____
My View – No, it should exclude all the above subjects.
India gives every person equal right to practice religion of choice. The customary practices associated with that religion too are subset of the right to practice the religion of choice. Any change forced into customary practices will not only rob the person of their freedom of choice but also rob the religion too.
3. Do you agree that the existing personal and customary practices need codification and would benefit the people?
a) Yes
b) No
c) Personal laws and customary practices should be replaced by a uniform code
d) Personal laws and customary practices should be codified to bring them in line with fundamental rights
My View – No.
As various existing personal and customary practices are already codified in respective personal laws.
4. Will uniform civil code or codification of personal laws and customary practices ensure gender equality?
a) Yes
b) No
My View – No.
Government has already created too many ill-conceived laws in the name of gender equality. It is high time for them to consider rights of men who face discrimination due to such badly drafted laws. In fact for the purpose of gender equality the words men and women should be replaced with person and the word husband and wife should be replaced by spouse in all the existing laws.
5. Should the uniform civil code be optional?
a) Yes
b) No
My View – Yes.
The constitution already awards every person an option to practice religion of choice. Since uniform civil code cannot be newly forced super religion it should better not be there at all or be optional at the most.
To explain my point let us consider what if UN sets about forming Uniform civil code for all countries. The result could be Naturists may be forced into wearing full body covering habit like nuns and Vegans may be forced to have kosher/ halal meat as part of the new code of civil customs. Are we ready to have such a devastating situation at hand just for the sake of uniformity?
6. Should the following practices be banned and regulated?
a) Polygamy (Banned / Regulated)
b) Polyandry (Banned / Regulated)
c) Similar customary practices such as Maitri-karaar (friendship deed) et al. (Banned / Regulated)
My View – Regulated (As this question suffers from deficiency of option like “Retained”)
Indian DV act already acknowledges customary and non-customary practices like live in relations and also provides support to women living in such relation which may also be on nature of Maitri-Karaar type live in.
Even Indian penal code that doesn’t operate on any particular religion doesn’t have any penal provision for women living in adultery or practicing polyandry. This implies that Government is already retaining such practices. So an option of “Retained” should have been there and that would have been my preferred view.
7. Should the practice of triple talaq be
a) Abolished in toto
b) Retained the custom
c) Retained with suitable amendments
My View – Retained the custom.
Marriage in a particular religion is bound by it’s the customary practice. So a person who chooses a religion has to accept the religion in totality and not in bits and pieces. The person who doesn’t appreciate the customs of his/her current religion has freedom of choice to accept a new religion in toto.
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) Yes, Hindu women must be made aware of this right and measures should be taken to ensure that women, under pressure from family donot forego their property
b) No there are adequate protection in the existing law
c) Legal Provisions will not help in what is primarily a cultural practice, steps have to be taken so sensitize the society instead
My View – No there are adequate protection in the existing law.
The right to bequeath property lies and should lie with the person who has earned it. In case the property is not bequeathed by the person there are adequate protection in the existing laws for equal distribution among the heirs.
9. Do you agree that the two-year period of wait for finalizing divorce violates Chirstian women’s right to equality?
a) Yes, it should be made uniform across all marriages
b) No. This period is sufficient and in-keeping with religious sentiments
My View – No. This period is sufficient and in-keeping with religious sentiments.
The question is misleading as it conceals the fact that there is no gender bias in this practice as the two-year period of wait is for Christian men too. Though not being aware of legal provisions cannot be accepted, every couple of any religion planning to marry should be re-informed before marriage of provisions applicable in theirs and other religions to help them make an informed choice.
10. Do you agree that there should be uniform age of consent for marriage across all personal laws and customary practices?
a) Yes
b) No, customary laws locate this age at the attainment of puberty
c) The prevailing system of recognizing ‘voidable’ marriages is sufficient
My View – The prevailing system of recognizing ‘voidable’ marriages is sufficient.
The present system already has more than sufficient provisions to declare a marriage void and more provisions will only confuse the matter and burden the already burdened judiciary. Existing provisions may be only modified by scientifically supported reasons like the fact that currently children are attaining puberty early.
Also strangely enough the marriageable age in India is more that voting age in India(I wonder why the government feels that people who can vote a government to power need to be more aged to marry).
11. Do you agree that all religious denominations should have the common grounds for divorce?
a) Yes
b) No, cultural differences must be preserved
c) No, but there should be the same grounds for divorce available for men and women within personal law
My View – No, cultural differences must be preserved.
This question is again aligned for raising probability of creating a new super religion by picking & choosing the practice of choice for those lobbying for UCC to suit their agenda. This is totally unwanted and so I repeat marriage in a particular religion is bound by it’s the customary practice. So a person who chooses a religion has to accept the religion in totality and not in bits and pieces. The person who doesn’t appreciate the customs of his/her current religion has freedom of choice to accept a new religion in toto.
12. Would uniform civil code aid in addressing the problem of denial of maintenance or insufficient maintenance to women upon divorce?
a) Yes
b) No
My View – No
This question is highly misleading and implicitly promoting the myth that women allegedly get insufficient maintenance.
The fact is there are already multiple laws to grant maintenance to women. There are also provision to provide maintenance sufficient for the woman to sustain the same lifestyle as she had before divorce. These laws fail to look at the employ ability & earning capacity of women and men together. Due to such discrepancies there are situations where a man who is barely able to sustain his living has to earn for sustaining lifestyle of his divorced wife who may prefer to stay unemployed in spite of being healthy, educated and able bodied. Furthermore the existing laws have provision to award maintenance even to the women who are adulterous and the divorce is granted on premise of adultery, No justice is served to husband who is forced to maintain an adulterous wife benefitting out of her own wrong. Husbands even end up paying maintenance under multiple laws as while making duplicate maintenance laws for women the government did not put in clause of preventing double jeopardy.
On the other hand there is a problem of denial of maintenance or insufficient maintenance to men upon divorce as there is no provision at all for permanent alimony / maintenance to husband even if the husband is ill or incapable of earning though the divorced wife is healthy, well-educated and capable to earn.
13. How can compulsory registration of marriages be implemented better?
My View – Compulsory registration of marriage can be implemented by having a provision for considering the un registered marriages void at the application of either of the party if voiding proceedings are instituted within a year from the date of the marriage. The marrying parties should be informed of such provision at the time of marriage.
14. What measures should we take to protect couples who enter into inter-religion and inter-caste marriage?
My View – It should be dealt as per existing provisions of IPC, CrPC etc for crimes in natures of threats and threat perception.
15. Would uniform civil code infringe an individual’s right to freedom of religion?
a) Yes
b) No
My View – Yes
Every individual has choice to practice religion of choice. Uniform civil code will definitely rob the person this right and choice.
16. What measures should be taken to sensitize the society towards a common code of codification of personal law?
My View – Government should on its part be sensitive towards the freedom of choice of every individual to practice religion of choice and not force a new religion on to them. Society too should sensitize Government that dictatorial attempts to purge various customs and religions in name of uniformity is not how democracy should function.
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