Family Law deals with laws relating to Hindu Joint family, devolution of ancestral or coparcenary property, succession to separate property of a Hindu and the Muslim law relating to gifts, wills and inheritance. In India we have a strange spectacle of personal laws. They owe their diversity to their varied origin, distinct principles and the bulk of substantive law itself. The personal laws play a vital role in governing the conflicting interest of the individuals. In India in personal matters there is no national or regional law. Personal law of a person is not determined by his domicile or his nationality but by his membership of the community to which he belongs.
The rules relating to marriage, matrimonial remedies, legitimacy of children, custody, guardianship, adoption is of immense importance as it involves the sensitive relationship between individuals in the society.
Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion. Currently, personal laws of various communities are governed by their religious scriptures. It is an important issue regarding secularism in Indian politics and continues to remain disputed by India's political left wing, Muslim groups and other conservative religious groups and sects in defence of sharia and religious customs. Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance. Meanwhile article 25-28 of Indian constitution guarantee religious freedom to Indian citizens and allows religious groups to maintain their own affairs, article 44 of the constitution expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
Uniform civil code means uniformity in personal laws. It will be a neutral law which doesn’t have anything to do with religion, the concept of uniform civil code originated from the concept of civil law code which includes:
A Muslim man can keep more than one wife but not a Hindu or Christian. But of course, no woman from Muslim, Hindu or Christian can have more than one husband in our patriarchal society; A Muslim marriage can be dissolved merely on the pronounce of Triple Talaq but not a Hindu or Christian marriage.
Hindus can form an undivided family (HUF) in order to manage their assets better & in the process they tend to reduce their tax liability but not a Muslim or Christian
A Christian woman cannot get a share in her deceased child’s property while other communities have their own set of bylaws with respect to it .
Uniform Civil Code (UCC) is not an easy task but not an impossible also. The UCC cannot be viewed with religious emotion and even should not link with any religion. Many of the countries around the world have their Uniform Civil Code but before implementing, healthy debate is required without any political interest. But in India, opposition parties will definitely condemn because they have to. Sometime we need to understand and think of our nation. I think if any government is working towards the right path, we should support them without any political interest. I think ‘One Nation – One Law’ will be beneficial for India.
Tukaram Shrirang Lad of MGM Law College Nerul.