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OVERVIEW OF THE ESSENTIALS OF THE UCC ON MARRIAGE AND DIVORCE

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India has multiplicity of family laws. For example, Christians have Christian Marriage Act. Indian Divorce Act. Indian succession Act Hindus and Muslims have their own separate personal laws. Hindu law has been secularized and modernized by statutory enactments. On the other hand, Muslim law is still primarily unmodified and traditional its content and approach. The traditional view of the family law in our society is that it is required about marriage and its consequences. Family law is essentially about marriage, If the couple is married then they automatically acquire certain rights and duties. The Hindu Marriage Act, provides for essential conditions for the validity of the Hindu marriage.

The personal laws of all the religions contains their own essentials for the valid marriage .in my view the new code should have the basic essentials of valid marriage which shall include:

  1. Registration of marriage should be made compulsory. A Marriage is said to be valid only if both the parties sign their declaration of eligibility before the registrar.
  2. Monogamy should be imposed and multiple marriages should be banned under any religion. Polygamy discriminates against the women and violates their basic rights. Monogamy should be imposed not because it is prohibited in Hindu law or uniform civil code explicitly holds the Hindu code as a model but because it adheres to Article 21 of the Indian constitution and basic human values.
  3. New code should provide laws which curbs child marriages. This can be done by maximising the male to 21years and female age to 18 years in any religion. Punishment should be imposed for violating this provision. Punishment for the persons involved in such kind of acts, like relatives should be imposed punishment which have an immense effect on the society.
  4. The procedure and the grounds for divorce should be specifically laid down and those which are enumerated in the code should be reasonable and according to the principles of natural justice. There should be a provision for divorce which can be applicable only through mutual consent.

OBSTACLES IN CODIFICATION OF UCC:

Biggest obstacle in implementing the UCC, apart from obtaining consensus is the drafting. The following are some of the obstacles.

  1. should UCC be a mix of all the personal laws or should be a new law adhering to the constitutional mandate?
  2. many think that under the guise of UCC, Hindu law will be imposed on all.
  3. Is UCC focused only on pointing Muslim laws?
  4. Is UCC opposed to secularism?
  5. It is claimed that the proponents of the code had not given the serious thought on how the UCC look like and how different religious customs associated with the solemnisation of marriages would be accommodated?

SOLUTIONS TO OVERCOME THESE CHALLENGES:

  1. UCC will contain uniform provisions applicable to everyone in this society and based on social justice and gender equality in family matters. But it won’t be a blend of all the personal laws though some of the laws from different personal laws are used.
  2. Former prime minister Atal Bihari Vajpayee ruled out, the possibility of UCC completely done based on Hindu law and he said that new law will be based on gender equality and best law elements in all personal laws which do not violate any rights of the citizens
  3. It is not that UCC is focused only on Muslim laws, the main aim of coding UCC is national integration. As Muslim is still primarily unmodified and traditional its content and approach UCC aims to give justice to the Muslim women in ensuring their rights. This doesn’t mean that Hindu law has not been pointed out. This is because Hindu law which is present now was reformed in order to protect Hindu women’s right to maintenance, fundamental rights.
  4. UCC is not opposed to secularism or doesn’t violates article 25 and article 26 which gives right to religion to the citizens of the country. Article 44 in India constitution is based on the concept that there is no necessary connection between religion and personal law in a civilised society. In a recent case John Vallamattom v. Union of India justice khare said that “Though ours is a secular democratic republic and freedom of religion is the core of our culture, violation of human rights and religious dignity are not autonomous but oppression. So UCC is imperative, both, for protection of the oppressed and for promotion of national unity and solidarity.”
  5. Citizens belonging to different religions and denominations follow different property and matrimonial laws which is not only an affront to the nation’s unity, but also makes one wonder whether we are a sovereign secular republic or a loose confederation of feudal states, where people live at the whims and fancies of mullahs, bishops and pundits.so UCC promotes the national integration by associating all the better essential marriage laws from all the personal laws.

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GradesFixer. (2019, February, 27) OVERVIEW OF THE ESSENTIALS OF THE UCC ON MARRIAGE AND DIVORCE. Retrived February 23, 2020, from https://gradesfixer.com/free-essay-examples/overview-of-the-essentials-of-the-ucc-on-marriage-and-divorce/
"OVERVIEW OF THE ESSENTIALS OF THE UCC ON MARRIAGE AND DIVORCE." GradesFixer, 27 Feb. 2019, https://gradesfixer.com/free-essay-examples/overview-of-the-essentials-of-the-ucc-on-marriage-and-divorce/. Accessed 23 February 2020.
GradesFixer. 2019. OVERVIEW OF THE ESSENTIALS OF THE UCC ON MARRIAGE AND DIVORCE., viewed 23 February 2020, <https://gradesfixer.com/free-essay-examples/overview-of-the-essentials-of-the-ucc-on-marriage-and-divorce/>
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