English हिन्दी
Connect with us

India News

Uniform Civil Code is neither necessary nor desirable, says Law Commission

Published

on

Uniform Civil Code is neither necessary nor desirable, says Law Commission

A uniform civil code (UCC) is neither necessary nor desirable at this stage, said the Law Commission in a report that destroys the decades-old poll plank of BJP and its mascot, the present prime minister Narendra Modi.

The report of the Law Commission headed by Justice (Retd) BS Chauhan, coming on a day when its term drew to a close on Friday, August 31, however, suggested a slew of reforms in existing personal and marriage laws in its consultative paper on ‘Reform of Family Law’.

“A united ‘nation’ need not necessarily have ‘uniformity’, it is making diversity reconcile with certain universal and indisputable arguments on human rights,” the Law Commission noted in its report.

The Law Commission was entrusted with the task of addressing the issues concerning a uniform civil code in June 2016 through a reference by the Government of India.

In its report, the law panel said UCC is neither necessary nor desirable at this stage. Holding that current personal laws need reforms, it said there is need to maintain harmony between religious customs and fundamental rights.

In the absence of any consensus on a UCC the Commission felt that the best way forward may be to preserve the diversity of personal laws but at the same time ensure that personal laws do not contradict fundamental rights guaranteed under the Constitution of India.

For this, it said it is desirable that all personal laws relating to matters of family must first be codified to the greatest extent possible, and the inequalities that have crept into codified law, these should be remedied by amendment.

Further, the Law Commission said, the very act of codifying separate ‘personal laws could itself be challenged as exercise against Article 14 of the Constitution. It urged that the legislature should, therefore, first consider guaranteeing equality within communities ‘between men and women, rather than equality between ‘communities’.

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.

While diversity of Indian culture can and should be celebrated, specific groups, or weaker sections of the society must not be disprivileged in the process, the report said.

Resolution of this conflict does not mean abolition of difference.

“This Commission has therefore dealt with laws that are discriminatory rather than providing a uniform civil code which is neither necessary nor desirable at this stage,” the Law Commission said.

“Most countries are now moving towards recognition of difference, and the mere existence of difference does not imply discrimination, but is indicative of a robust democracy,” said the Commission.

It pointed out that the Schedule VI of the Constitution of India provides certain protections to a number of states. “While some tribal laws in fact protect matriarchal systems of family organisations some of these also preserve provisions which are not in the interest of women… While framing a law it has to be borne in mind… 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,” it said.

“While there is certainly a desire for change, there is also equally a need to acknowledge the hindrances to any endeavours to institute a uniform civil code. The first foreseeable problem with feasibility is with respect to the sixth schedule of the Constitution. Articles 371 (A) to (I) and the sixth schedule of the constitution of India provides certain protections or rather exceptions to the states of Assam, Nagaland, Mizoram, Andhra Pradesh and Goa with respect to family law,” the report added.

“Many also argue that a uniform code may advance the cause of national integration, however, this may not necessarily be the case when cultural difference inform people‘s identity and its preservation guarantees the territorial integrity of the nation. Further, the law has to be within the framework of the Constitution,” the Law Commission significantly noted.

“A united ‘nation’ need not necessarily have ‘uniformity’, it is making diversity reconcile with certain universal and indisputable arguments on human rights,” it added.

It said that through codification of different personal laws, one can arrive at certain universal principles that prioritise equity rather than imposition of a uniform code in procedure which can also discourage many from using the law altogether given that matters of marriage and divorce can also be settled extra judicially.

Thus, there are certain universal principles with regard to adultery, age of consent, grounds for divorce et al that can be integrated into all existing statutory provision on marriage and divorce under personal and civil laws, while the procedure for divorce, and grounds for divorce may vary between communities

On Adultery, the Commission has noted:

“While all family laws include adultery as a ground for divorce it is important to ensure that the provision is accessible to both spouses.”

“By presuming, that only women can be victims, the law takes a patronising attitude towards women. The prosecution under section 497 entirely contingent on the husband’s word to the extent that a woman can practically enter into an adulterous relationship upon her husband‘s consent, thereby reducing her to a commodity of a man.”

“The Commission was assigned the task of undertaking a study on the provision of adultery within its report. As the judgment of the Constitution Bench in Joseph Shine v. Union of India is awaited, (hearing stood concluded) it is not appropriate for the Commission to make any suggestion in this regard at this stage but it urges a consideration about the utility or the lack there of, of a provision such as 497 IPC.”

On Age of Consent for Marriage, the report says:

“A uniform age of consent between all citizens of marriage warrants a separate conversation from a discussion about prevention of child marriages for the simple reason that maintaining the difference of 18 years for girls and 21 years for boys simply contributes to the stereotype that wives must be younger than their husbands.”

“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 ages 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.”

On Grounds For Divorce, the report notes:

“Encouraging a simplified procedure for divorce is imperative for sustaining a healthy perception of marriage which is free of any discrimination or violence. Simplifying the procedure for couples where no reconciliation is possible would also be beneficial in curbing the false allegations against parties, which are often made in order to hasten the process of divorce. Lengthy procedures incentivise the use of severe grounds such as cruelty and adultery rather in order to secure a divorce which may have been prompted merely by inability of the partners to find mental, emotional or physical compatibility.”

On Muslim Personal Law, Triple Talaq, Polygamy and related issues, the Commission has said:

“The practice of triple talaq which finds no anchor in Islamic jurisprudence and is permitted only within a limited sect of Hanafi school of Sunni Muslims, is not a part of Sharia and therefore is arbitrary. The section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 through which the power and procedure for dissolution of marriage by triple talaq is said to be derived, is declared void (only to the extent that procedure is arbitrary). Once this is struck down the arbitrariness of this procedure ceases to be a part of personal law and therefore does not qualify for protection under the fundamental rights guaranteed under Articles 25-28 of the Constitution.”

“The issue of family law reform does not need to be approached as a policy that is against the religious sensibilities of individuals but simply as one promoting harmony between religion and constitutionalism, in a way that no citizen is left disadvantaged on account of their religion and at the same time every citizen’s right to freedom of religion is equally protected.”

“Since triple talaq is already outlawed, pronouncing of triple talaq in one sitting has no effect on marriage.”

“Although polygamy is permitted within Islam, it is a rare practice among Indian Muslims, on the other hand it is frequently misused by persons of other religions who convert as Muslims solely for the purpose of solemnising another marriage rather than Muslim themselves.”

“The Nikahnama itself should make it clear that polygamy is a criminal offence… 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. Since the matter is sub judice before the Supreme Court, the Commission reserves its recommendation.”

On Special Marriage Act, the report says:

“One of the major problems highlighted in the series of consultations held by the Commission was that the 30-day notice period after the registration of marriage under the Act is often misused. The 30-days period offers an opportunity to kin of the couple to discourage an inter-caste or an inter-religion marriage.”

“It is of paramount importance in the current scenario that couples opting into cross-community marriages are adequately protected.”

“The Commission urges a reduction of this (30-day) period to bring the procedure in line with all other personal laws, where registration of under Hindu Marriage Act,1955 can be attained in a day and signing of a Nikahnama also confers the status of husband and wife on the couple immediately.”

“Steps for the protection of the couples can be taken, if there is reasonable apprehension of threat to their life or liberty, and the couple request for the same. Thus, the requirement of a thirty days notice period from sections 5, 6, 7, and 16 needs to be either deleted or adequate protections for the couple need to be in place. All other general amendments such as introduction of irretrievable marriage as ground for divorce and community of property discussed earlier must also be incorporated in the SMA,1954.”

India News

Four militants killed as rival Naga groups clash in Manipur village

Four militants were killed in a gunfight between suspected rival Naga groups at Taodaijang village in Manipur’s Noney district on Wednesday.

Published

on

Manipur violence

At least four militants were killed in a gunfight between suspected rival Naga militant groups in Manipur’s Noney district on Wednesday, November 4.

The exchange of fire took place at Taodaijang village in the Khoupum area of the Naga-majority district. According to officials, the cadres involved were suspected to belong to rival Naga militant outfits, including the Zeliangrong United Front-Jenchui (ZUF-J) and the Zeliangrong United Front-Kamson (ZUF-K).

Initial reports indicated that the gunfight continued for several hours, leaving three cadres of ZUF-J and one cadre of ZUF-K dead.

The bodies of the deceased militants were subsequently recovered by local residents.

Residents appeal to armed groups to stop firing

Following the gunfight, local residents, including women, reached the spot in an attempt to prevent further violence between the rival groups.

They also used a public address system to appeal to the armed cadres to stop firing and prevent the situation from escalating further.

Further details about the circumstances surrounding the clash were awaited.

Manipur government reviews security situation

In a separate development, Manipur Chief Minister Yumnam Khemchand Singh directed senior security officials to identify active armed groups suspected of involvement in recent incidents of violence in the state.

The directive excluded groups engaged in peace talks with the state government.

The Chief Minister issued the instructions during a review meeting on the state’s law and order situation on Tuesday night.

He also asked security agencies, including the Army and central paramilitary forces, to submit a detailed report on the involvement of the suspected groups.

The Chief Minister said the state Cabinet could consider declaring such groups unlawful if their involvement in violence against innocent civilians was established.

He also emphasised that necessary action would be initiated against groups continuing to perpetrate violence against civilians.

Continue Reading

India News

Agnipath scheme gets 2-year extension for Agniveers, tenure may rise to 6 years

The Centre has introduced a two-year extension for the remaining 75% of Agniveers under the Agnipath scheme, creating another opportunity for them to seek enrolment in the regular armed forces.

Published

on

The Centre has introduced a significant change to the Agnipath recruitment scheme, offering a two-year extension to Agniveers who were earlier expected to leave the armed forces after completing their initial four-year service.

Chief of Defence Staff (CDS) General NS Raja Subramani announced the decision on Wednesday following a Union Cabinet meeting. Under the revised arrangement, the 75% of Agniveers who were not initially selected for absorption into the regular armed forces will be offered an additional two-year engagement period.

The development creates another opportunity for these personnel to continue serving in the armed forces beyond their original four-year tenure.

What changes under the revised Agnipath scheme?

Under the original Agnipath framework, Agniveers were recruited for a four-year service period, including training. At the end of this tenure, up to 25% of each batch could be selected for permanent enrolment into the regular armed forces, while the remaining 75% were expected to return to civilian life.

The revised arrangement introduces an additional two-year engagement for the latter group. This means their potential service period could increase from four to six years.

The extension also creates another opportunity for Agniveers to seek enrolment into the regular armed forces after completing the additional two years.

What happens after the additional two years?

According to General NS Raja Subramani, Agniveers completing the extended engagement period and willing to continue serving will be considered for enrolment in the regular armed forces.

Their selection will be based on objective criteria.

This creates an additional pathway for those who are not absorbed into the regular forces after their initial four-year tenure. However, the revised arrangement does not mean that every Agniveer will automatically receive permanent enrolment.

Why has the decision been taken now?

The announcement comes as the first batch of Agniveers recruited under the scheme approaches the completion of its initial four-year service period.

The Agnipath scheme was introduced on June 14, 2022, to recruit personnel into the Indian Army, Navy and Air Force for a fixed four-year engagement.

General Raja Subramani said the scheme had been undergoing periodic reviews, with the performance of Agniveers being continuously evaluated. He also indicated that feedback on their performance had been very positive.

The latest Cabinet decision creates an additional route for retaining personnel beyond the initial engagement period.

What was the original Agnipath arrangement?

Under the original framework, the armed forces could retain up to 25% of Agniveers in the regular cadre after their four-year service period, subject to selection.

The remaining 75% were to complete their engagement and transition to civilian life.

With the latest revision, this group will receive an additional two-year engagement opportunity before being considered for enrolment into the regular armed forces under the prescribed selection criteria.

The change therefore modifies the earlier arrangement by providing an additional opportunity for Agniveers to continue their military careers.

Continue Reading

India News

Hardeep Singh Puri set to win Rajya Sabha bypoll unopposed

Union Minister Hardeep Singh Puri is set to be elected unopposed to the Rajya Sabha from Madhya Pradesh after the returning officer rejected the nomination papers of two independent candidates.

Published

on

Hardeep Puri

Union Petroleum Minister Hardeep Singh Puri is set to enter the Rajya Sabha unopposed from Madhya Pradesh after the nomination papers of two independent candidates were rejected during scrutiny on Tuesday.

The two candidates whose nominations were rejected were Kante Sayanna and Rajkumar Lohani, the latter being backed by the Congress. Their rejection leaves Puri as the only candidate in the contest for the vacant Rajya Sabha seat.

According to an official, the result will be announced on November 5, which is also the last date for withdrawal of nominations.

The Returning Officer, Umesh Sharma, examined the nomination papers on the last day of scrutiny and rejected the two independent candidates’ applications.

Objections raised against Hardeep Puri’s nomination

The nomination papers submitted by Puri also faced objections from the two independent candidates and Congress leader Hemant Katare.

They questioned the validity and completeness of Puri’s affidavit filed in Form 26, raising concerns over whether the mandatory details had been properly furnished.

However, after examining the objections, Returning Officer Umesh Sharma concluded that Puri had not violated any requirements under the Representation of the People Act.

Sharma stated in his order that no defect had been found in Puri’s nomination papers that could justify their rejection.

Following the decision, Katare and Congress MLA Atif Aqeel announced that they would approach the court against the order.

Calling the decision an attack on Indian democracy, the Congress leaders said in a statement that Puri’s nomination should have been rejected despite what they described as significant errors.

Why the Madhya Pradesh Rajya Sabha seat fell vacant

The by-election was necessitated by the resignation of Union Minister L Murugan, which left a Rajya Sabha seat vacant in Madhya Pradesh.

With the nomination papers of both independent candidates rejected and Puri’s nomination cleared, the Union minister is set to be elected unopposed.

The final announcement is expected on November 5, the last day for withdrawal of nominations.

Continue Reading

Trending

© Copyright 2022 APNLIVE.com