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Uniform Civil Code – Implementing It?

Uniform Civil Code
Hilights


Faith, Justice, Law & Order

Births and Deaths are as it is being registered under the Common law. Now Marriages, Divorces, Adoptions and Property partitions/ settlements and inheritances can also be registered under the New Laws. Existing Property Rights and Marriages can continue under the old Laws for say 10 to 15 more years, or up to the lifetime of the present parties (over 18 years of age), for those who do not immediately accept the New Code. as long as such a decision does not infringe on the rights of other adults (over 18 years). In such cases all those affected must immediately come under the New Code. Again, the decision once made to select the new Code, cannot be reversed. We have already delayed this matter by over 75 years, therefore allowing for a further period of 10 to 15 years for finally settling this matter should not really be a concern.

Some other issues that need to be addressed are given below:

  1. The concern of some communities about marriage, divorce, adoptions and inheritance Laws can be cleared by making them understand that the UCC deals in a secular manner and does not interfere with sacramental matters that concern religions. Hence, registrations of births, marriages and deaths, have nothing to do with the ceremonies conducted therefor by the religious groups. Actually, the word ‘Marriage’ is not applicable in a Secular State by which it should be seen as a Civil union contract and be duly registered and applicable to all. Marriage is based on religious sacraments and is conducted differently in various religious groups and the State should have no rules about such Ceremonies. Even today, Islam sees marriage as a contract that demands a pre-nuptial Agreement. The UCC would at best call for such an Agreement to be made keeping in mind gender equality and due protection of the Rights of the weaker Spouse and Children. Such a prenuptial Agreement will be binding in a UCC. All marriages must be registered along with the pre-Nuptial or marriage contract agreement, if any.
  2. Consensual sex amongst the unmarried, or adults not in a registered civil union, indulged in privately, is not something the State should be concerned about.
  3. Calls for broken relationships in un-registered civil unions must be treated as consensual relationships, calling for such relationships to be considered as rape, even if based on alleged verbal promise of marriage are not tenable as they are only indulging in consensual sex. Written promises may be considered as contracts and dealt with accordingly.
  4. Common Law unions, amongst unmarried adults or adults not in a registered civil union, are not to be encouraged. However, the State should consider the relationship as an unwritten contract and, also take due care of the interests of the children, if any. However, Common Law unions involving one party already registered in another union, are nothing but adultery over a protracted period and entered into voluntarily, need to be considered as such by the State and cannot be considered to accord any rights to the other party. The State / Court should again however, take due care of the interests of the children, or any, by calling on both the parties to contribute and take responsibility as appropriate.
  5. As regards Divorce, it should not be too easy to obtain as that would dilute the commitment to a Marriage or Civil Union adversely affect the Society and also affect the children. Unless for the reasons as given below, a period for consultation or re-consideration can be mandated.
  6. Continual Domestic physical or even mental abuse, continual forced sex, even when reasonable conjugal relationship is not denied, or when denial of conjugal Rights is not weaponized, can also be grounds for divorce. This cannot be called Marital Rape, as that is an oxymoronic phrase, as consent to Marriage/ Civil union is itself a consent to submit to conjugal rights. Prolonged drug or alcohol or such addictions can also be acceptable reasons for divorce.
  7. Extra marital sex is adultery and decision for action thereon should be left to the wronged spouse to decide on. Continual incidents of adultery can also be considered as proper grounds for divorce.
  8. It should be left to the Courts to decide, on calls for divorce on any other grounds, such as impotence, inability to bear a child, etc., bearing in mind the circumstances and the context as then applicable.
  9. As for property inheritance, if executed by a Will. The Testator (Will Writer) can direct the disposal of his/her property as he/she deems fit, which may be as per his/her religious inheritance rules or otherwise and the Government will then deal with inheritance entirely as per the Will. It is only in case of intestate property, where there is no Will that the property will then be disposed of, as per the Uniform Civil Code/Law (UCC). Gender equality for inheritance is already there in the Hindu Act, and it will naturally now be there for all in the UCC. However, if there is a Will, it will take precedence even under the UCC. The HUF will also, need to be done away with and the UCC made applicable to ALL citizens of India. The Laws of inheritance under the UCC need to be uniformly applicable to ALL. The property of an HUF must be divided as applicable amongst all the Coparceners, even minors, and from then on be treated as their individual property to be disposed of by them as they each deem fit or by a WILL or by the Laws under the UCC, so also similarly for all claimants of property rights under the religious customs of other communities.
  10. Rules and procedures for Adoptions should be standardized, and intricate relationship questions, in specific cases, where clear responsibilities cannot be determined or are not implementable, can be left to the Courts, to recognize the family/religious customs, and adjudicate to place the child in a foster family considering the best interests of the child. Of course, if no satisfactory responsible or willing foster parents are found then the State will undertake the fostering under uniform rules, as appropriate and again in the best interests of the child,
  11. Also, the nature and regulation of Trusts and Charities, both private and public, should be regularized into a uniform practice. These are not really religious matters as they deal with physical and not spiritual matters, and hence there should be no objection, except perhaps from Parties with a vested interest there in.

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