by admin | May 25, 2021 | News, Politics
New Delhi : The Law Commission has suggested certain changes in marriage and divorce laws that should be uniformly accepted in the personal laws of all religions, while holding that the uniform civil code “is neither necessary nor desirable at this stage” in the country.
The Commission, headed by former Supreme Court judge Justice B.S. Chauhan whose tenure ended on Friday, has come out with a 185-page consultation paper on “Family Law Reforms’ said a unified nation does not necessarily need to have “uniformity”.
It said the best way forward was to preserve diversity of personal laws even while ensuring they did not contradict fundamental rights guaranteed under the Constitution.
Saying, secularism cannot contradict the plurality prevalent in the country, the Commission said in the paper that: “Cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation.”
Suggesting amendments in marriage and divorce in personal laws of all religion, the Commission advocated making adultery a ground for divorce for men and women and to simplify divorce procedure.
“While all family laws include adultery as a ground for divorce it is important to ensure that the provision is accessible to both spouses,” the paper said.
The Commission said the filing of Section 498A IPC (dowry harassment) cases was actually done by women wanting a quick exit from a difficult marriage.
It suggested that ‘Nikahnamas’ should make it clear that “polygamy is a criminal offence” and this should apply to “all communities”.
The paper stated: “This is not recommended owing to merely a moral position on bigamy, or to glorify monogamy, but emanates from the fact that only a man is permitted multiple wives, which is unfair.”
It favoured fixing the marriageable age for boys and girls at 18 years so that they marry as equals, and said that the insistence on recognising different ages of marriage between consenting adults must be “abolished”.
“If a universal age for majority is recognised, and that grants all citizens the right to choose their governments, surely, they must then be also considered capable of choosing their spouses.
“For equality in the true sense, the insistence on recognising different age of marriage between consenting adults must be abolished.
“The age of majority must be recognised uniformly as the legal age for marriage for men and women alike, as is determined by the Indian Majority Act, 1875, i.e. eighteen years of age.
“The difference in age for husband and wife has no basis in law as spouses entering into a marriage are by all means equals and their partnership must also be of that between equals,” stated the report.
The Commission suggested that Parliament should enact a law to address the issue of legitimisation of children born of live-in relationships that fail to reach the threshold of a deemed marriage.
“Further, such children should be entitled to inherit the self acquired property of their parents,” it said.
It is urged that the legislature should first consider guaranteeing “equality within communities” between men and women, rather than “equality between communities”, the report, released on August 31 stated.
“This way some of the differences within personal laws which are meaningful can be preserved and inequality can be weeded out to the greatest extent possible without absolute uniformity,” it added.
The Commission said “efforts have to be made to reconcile our diversity with universal and indisputable arguments on human rights”.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : The All India Muslim Personal Law Board (AIMPLB) on Tuesday claimed that the Law Commission in principle agrees that a uniform civil code (UCC) is not practicable in India given the country’s vast diversity and complexities.
The Law Commission has been examining the issue of implementing a common civil law for all communities in India and had invited the AIMPLB on Tuesday to discuss the Muslim personal law and the desired changes in it.
“First and foremost we made it clear that Muslim personal law is as per the divine decree and nobody is authorised to change it. The Commission was very receptive of our views and the meeting happened in a very cordial atmosphere,” said Maulana Syed Jalaluddin Umari, who led the AIMPLB delegation.
“The Law Commission Chairman admitted that a uniform civil code is not a practical idea for India and that the government should not even think of implementing it for at least 10 years. We told him that not just 10 years, the idea should be dropped for good,” Umari said.
Syed Qasim Rasool Ilyas, a member of the delegation, said the Commission discussed as to what good things from the Muslim personal law can be made part of the Hindu civil code and vice versa.
“We are clear that we cannot tweak our personal law at will. It is based on Quranic injunctions and the Hadith,” he said.
Advocate Niaz Farooqi said that when the delegation requested the Commission that before making any law about Muslims, it should at least consult the community, they were shocked to hear the reply.
“The Chairman said that the government was not even consulting the Law Commission on such matters, let alone others. This clearly shows that the Narendra Modi government is more interested in doing politics on Muslim issues than actual reform,” Farooqi said.
AIMPLB spokesman Kamal Farooqui said: “Today we have submitted a detailed note on the questions raised by the Law Commission. The issues pertained to inheritance, adoption, custody of children, making a will, difference in interpretation of Islamic laws among various sects and model nikahnama.”
In response to a question, Farooqi said that nikah halala had no backing in the Shariah.
“I can tell you with full authority that there is no concept of nikah halala in the Shariah. The debate around it is more a media creation,” Farooqui said.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : The Delhi High Court on Tuesday asked the Central government to file its response on plea alleging discriminatory practice in the Muslim personal law on inheritance and sought equal rights for Muslim women.
The court asked the Ministry of Law and Justice to respond on the issue and posted the case on April 9 next year.
The Centre told the court that the Law Commission has been examining the issue of Uniform Civil Code.
Seeking to amend the Muslim personal law on inheritance, the plea filed by NGO Sahara Kalyan Samiti said that the law fundamentally discriminates against women.
The plea claimed that Muslim women were discriminated on issues relating to sharing of property in comparison to their male counterparts.
Under the Muslim personal law, the male heirs, or sons, get twice the share of the daughters. This is in violation of the fundamental right to equality of women as enshrined under Articles 14, 19, 21 and other relevant provisions of the Constitution, it added.
It claimed that as per the Muslim personal law a wife shall receive an eighth of the property of her husband on his death if they have children. In case there are no children borne out of marriage, she is entitled to a fourth of the property. A daughter shall receive half of the share of a son.
It further said that in stark contrast, the men shall receive a fourth of the property of his wife on her death if they have children. In case there are no children out of the marriage, he is entitled to half the property. A son shall receive double the share of the daughter.
—IANS
