Prime Minister Narendra Modi, batting for the creation of a Uniform Civil Code (UCC), has once again opened the floodgates for debates among religions as to how it will impact their personal laws. The main aim of UCC would be to streamline present laws related to marriage, divorce, adoption, inheritance, succession, and guardianship.
If a UCC is enforced, it would be able to fix the minimum legal age for marriage, abolish bigamy and resolve issues around interfaith marriages.
According to Article 44 of the Indian constitution, the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.
With many religions following their own personal laws which govern inter-personal relations and related issues, the UCC is intended to replace these personal laws and bring out one common law applicable to all. India Today looks at how different religions and their personal laws will be impacted if UCC is enforced.
HINDUISM
If the UCC is introduced existing laws like the Hindu Marriage Act (1955), the Hindu Succession Act (1956) would have to be amended.
For example, Section 2(2) of the Hindu Marriage Act says its provisions will not apply to the Scheduled Tribes. Sections 5(5) and 7 of the law state that customary practices will override the provisions. But UCC won’t allow all these exceptions.
ISLAM
The Muslim Personal (Shariat) Application Act, 1937, states that Shariat or Islamic law will guide marriage, divorce, and maintenance. If the UCC comes in, then the minimum age of marriage under the Shariat law would be changed and polygamy could be abolished.
SIKHS
Marriage laws that govern the Sikh are covered by the Anand Marriage Act of 1909. However, there is no provision for divorce.
Sikh separations are then governed by the Hindu Marriage Act, but if UCC is introduced, a common law is likely to apply to all communities and marriages registered under the Anand Act.
PARSI
Under the Parsi Marriage and Divorce Act, 1936, any woman who marries someone from another religion loses all rights to Parsi rituals and customs, but if UCC comes, this provision will be abolished.
Parsis do not recognise the rights of adoptive daughters, while an adopted son can only perform the last rites of the father. So, if the UCC is introduced, then the guardianship and custody laws for all religions will be common and this will go.
CHRISTIANITY
UCC will impact Christian personal law such as inheritance, adoption, and succession, but it is the aspect of marriage and the non-recognition of divorce by the Catholic Church which will need more consideration.
Section 10A(1) of the Christian Divorce Law makes the separation period of two years mandatory for any couple to get a mutual divorce, but if UCC comes in, this would be universal.
The Succession Act of 1925 gives Christian mothers no right in the property of their deceased kids. All such property is to be inherited by the father. This provision would also be abolished if UCC comes in.