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A PRESENTATIONON
UNIFORM CIVIL CODE
CAN IT EVER BE
IMPLEMENTED IN INDIA?
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UNIFORM CIVIL CODE
Secular civil laws to govern all people
Those belonging to different religionsand regions
Personal laws based on their religion
or ethnicity
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CONTENTS OF UNIFORM CIVIL
CODE
Personal Status
Rights related to acquisition and
administration of propertyMarriage
Divorce
adoption
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HISTORY
Indian government ratified the CEDAW (Convention ofthe Elimination of all forms of Discrimination Against
Women) in 1993it also modified laws that were created under the
colonial administrationThis brought the secular-Muslim divide created afterindependence into sharp focus
some Muslims are resistant to change and claim thatany change to personal law will result in the destructionof Muslim culture in India
http://en.wikipedia.org/wiki/CEDAW%20/%20CEDAWhttp://en.wikipedia.org/wiki/CEDAW%20/%20CEDAW8/14/2019 A Seminar Present Ion
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Family law
Family law is an area of the law that deals withfamily-related issues and domestic relations
the nature ofmarriage, civil unions, and
domestic partnerships
the termination of the relationship and ancillary
matters
divorce, annulment, property settlements, alimony,
and parental responsibility
http://en.wikipedia.org/wiki/Lawhttp://en.wikipedia.org/wiki/Familyhttp://en.wikipedia.org/wiki/Domestic_relationshttp://en.wikipedia.org/wiki/Marriagehttp://en.wikipedia.org/wiki/Civil_unionhttp://en.wikipedia.org/wiki/Domestic_partnershiphttp://en.wikipedia.org/wiki/Divorcehttp://en.wikipedia.org/wiki/Annulmenthttp://en.wikipedia.org/wiki/Property_settlementhttp://en.wikipedia.org/wiki/Alimonyhttp://en.wikipedia.org/wiki/Parental_responsibility_%28access_and_custody%29http://en.wikipedia.org/wiki/Parental_responsibility_%28access_and_custody%29http://en.wikipedia.org/wiki/Alimonyhttp://en.wikipedia.org/wiki/Property_settlementhttp://en.wikipedia.org/wiki/Annulmenthttp://en.wikipedia.org/wiki/Divorcehttp://en.wikipedia.org/wiki/Domestic_partnershiphttp://en.wikipedia.org/wiki/Civil_unionhttp://en.wikipedia.org/wiki/Marriagehttp://en.wikipedia.org/wiki/Domestic_relationshttp://en.wikipedia.org/wiki/Familyhttp://en.wikipedia.org/wiki/Law8/14/2019 A Seminar Present Ion
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personal Law
In india,most family law is determined by thereligion of the parties concerned
Hindus, Sikhs, Jains and Buddhists come underHindu law
Muslims and Christians have their own lawsMuslim law is based on the Shariat
in all other religious communities, laws are codifiedby an Act of the Indian parliament
http://en.wikipedia.org/wiki/Family_law%20/%20Family%20lawhttp://en.wikipedia.org/wiki/Religion%20/%20Religionhttp://en.wikipedia.org/wiki/Hindu%20/%20Hinduhttp://en.wikipedia.org/wiki/Sikh%20/%20Sikhhttp://en.wikipedia.org/wiki/Jain%20/%20Jainhttp://en.wikipedia.org/wiki/Buddhist%20/%20Buddhisthttp://en.wikipedia.org/wiki/Hindu_law%20/%20Hindu%20lawhttp://en.wikipedia.org/wiki/Muslims%20/%20Muslimshttp://en.wikipedia.org/wiki/Christians%20/%20Christianshttp://en.wikipedia.org/wiki/Shariat%20/%20Shariathttp://en.wikipedia.org/wiki/Legislation%20/%20Legislationhttp://en.wikipedia.org/wiki/Indian_parliament%20/%20Indian%20parliamenthttp://en.wikipedia.org/wiki/Indian_parliament%20/%20Indian%20parliamenthttp://en.wikipedia.org/wiki/Legislation%20/%20Legislationhttp://en.wikipedia.org/wiki/Shariat%20/%20Shariathttp://en.wikipedia.org/wiki/Christians%20/%20Christianshttp://en.wikipedia.org/wiki/Muslims%20/%20Muslimshttp://en.wikipedia.org/wiki/Hindu_law%20/%20Hindu%20lawhttp://en.wikipedia.org/wiki/Buddhist%20/%20Buddhisthttp://en.wikipedia.org/wiki/Jain%20/%20Jainhttp://en.wikipedia.org/wiki/Sikh%20/%20Sikhhttp://en.wikipedia.org/wiki/Hindu%20/%20Hinduhttp://en.wikipedia.org/wiki/Religion%20/%20Religionhttp://en.wikipedia.org/wiki/Family_law%20/%20Family%20law8/14/2019 A Seminar Present Ion
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Goa civil code history
There is no question that over 400 years of Portuguese rule have left anindelible imprint on Goa
Perhaps the most valuable living legacy left in Goa by the Portuguese isa codified system of Law
It is a codification divided into four sections
Part I contains Articles 1 through 17 delineating the basic provisions ofthe Code, the most important of which is Article 7, which establishes theprinciples of racial and gender equality
Part II further develops these provisions
Part III deals exclusively and comprehensively with property rights
Part IV concerns itself with matters of civil responsibilities infringementof rights and their restitution.
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Muslim law in India
Muslim personal laws were challenged under the IndianConstitution. Specifically
The Shariat Act of 1937 had not made any reference tothe government's power to interfere with the system
although one might assume that since the governmentpassed the act, the government could therefore amend it
"Where by the interests of Muslims, as well as other
minorities, may adequately be safeguarded
The feeling that India might disintegrate if not given abenign constitution was further accelerated by thedissolution of the princely states
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Civil Code and AdoptionLaws in India
A bill on uniform civil code was introduced in the Indian
parliament
there was hue and cry from Muslim Community and this billnever became an act
objection were raised was that Islam does not recognize
adoption
The custom of adoption was prevalent in pre-Islamic Arabia
Even Mohammad the prophet himself took Zaid, the son of
Haris in adoption.
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What has the Supreme Court said
on the issue?
Whether a Christian has the right to bequeathproperty to a charity
The court regretted the fact that the state had notyet implemented a uniform civil code
The apex court has expressed itself in favour of auniform civil codeTaken a dim view of the governments andlegislatures inability to bring it into being
There have been other occasions like during the
Shah Bano case and later in the Sarla Mudgalcase
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HINDU AND MUSLIM INHISTORY
In the post independent India, the Uniform Civil Code(UCC) is probably one of the most misunderstoodphrases
deliberately propagated by the politicians to confuse
public and divide them on communal lines for theirpolitical gains.
They created a false hype among Hindus that theMuslims, who, according to their Personal Laws, havebeen permitted to keep four wives at a time, will soon
overtake the Hindu population and reduce them tominority
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Inheritance act in India
The right of inheritance in property of
parents
Even after marriage, they can have
the financial and moral support.
They do not remain only on the mercy
of their husband or in-laws
Because in such cases there was
every likely hood of their exploitation
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Marriage act in Muslim personal law
Muslim law based on shariat act.They have permission to keep four
wives at a time.
That is a universal factThe job of earning and protection of
the family has always been done by
the male member of family.
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Shah Bano case
Shah Bano was an elderly Muslim womanwho in 1978 was thrown out of her home by her wealthy
husband after forty-four years of marriage.Islamic personal law required the husband only to return to hiswife the dowry she had brought into the marriage. This he did;the dowry came to less than $100 by todays rates.
Since this was clearly not enough to live on, Shah Bano suedfor regular maintenance payments under Section 125 of theuniform Criminal Procedure Code.
Many Muslim women in straights similar to Shah Banohad in the past won such suits, and indeed, Shah Banowon her case.
However, in Shah Banos case the Chief Justice of theSupreme Court of India took the occasion to remark inhis opinion.
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CONCLUSION
IT SHOULD BE IMPLEMENT IN INDIA
FOR A COUNTRY ALL CITIZENS ARE SAME
ALL THE ACTS SHOULD BE EQUAL IN THECOUNTRY
IT SHOULD NOT BE ANY DIFFRENCES IN
THE RELIGIONS LIKE HINDU AND JAIN,MUSLIM