{"id":253266,"date":"2023-07-24T20:13:17","date_gmt":"2023-07-24T14:43:17","guid":{"rendered":"https:\/\/blog.forumias.com\/?p=253266"},"modified":"2023-08-31T10:44:38","modified_gmt":"2023-08-31T05:14:38","slug":"how-to-draft-a-uniform-civil-code","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/how-to-draft-a-uniform-civil-code\/","title":{"rendered":"How to Draft A Uniform Civil Code"},"content":{"rendered":"\n

Syllabus Topic: <\/strong>GS Paper 1 \u2013 Society and diversity of India,<\/p>\n

Source: <\/strong>This post is based on the article \u201cHow to Draft A Uniform Civil Code<\/strong>\u201d, published in The Times of India<\/strong> on 24th<\/sup> July, 2023.<\/p>\n

News: <\/strong>The article emphasizes the importance of creating a UCC that is not biased towards any religion and ensures equality, liberty, and dignity for all citizens.<\/p>\n

The UCC should be drafted in a way that it does not discriminate against women and should be inclusive of all gender identities.<\/p>\n

Historical Background<\/strong><\/h2>\n

The idea of a UCC was first discussed on March 30, 1947, by the Sub-Committee on Fundamental Rights set up by the Constituent Assembly.<\/p>\n

The members were divided on the issue, with some advocating for a UCC as a fundamental right, while others were concerned about the potential backlash from the Muslim League.<\/p>\n

The result was a compromise where the state would “endeavour” to secure a UCC, but no actual code was drafted.<\/p>\n

What are the gender related issues in present personal laws?<\/strong><\/h2>\n

The current religious laws in India, including the Hindu Succession Act and the Muslim law of marriage, are discriminatory towards women.<\/p>\n

Hindu Succession Act follows a patriarchal notion that a woman severs all ties with her birth family upon marriage. Similarly, the Muslim law of marriage, which allows a man to have up to four wives, while women is allowed to have only one husband.<\/p>\n

Restitution of conjugal rights is an outdated concept. Under this law, a court orders a wife to return to her husband, in case a wife separates without divorce and without giving a reason.<\/p>\n

What should be the key Features of the Proposed UCC?<\/strong><\/h2>\n

The UCC should be comprehensive, inclusive, and gender-just. It should enhance the constitutional principles of equality, liberty and dignity of each member of the family. The Law Commission of India has an opportunity to frame a code with such features. For example;<\/strong><\/p>\n

The proposed UCC should distinguish between the legal and the sacred aspects of marriage.<\/p>\n

The law should only tackle the question, whether the marriage is between two freely consenting adults who are not in an existing marriage. A simple registration process can prevent men from marrying multiple times.<\/p>\n

The concept of “illegitimate”<\/strong> children should be discontinued, and children in atypical families, like those born to homosexual couples or outside wedlock should be treated the same as children in typical ones.<\/p>\n

The law should also ensure equal shares for persons of all gender identities across religions in matters of inheritance.<\/p>\n","protected":false},"excerpt":{"rendered":"

Syllabus Topic: GS Paper 1 \u2013 Society and diversity of India, Source: This post is based on the article \u201cHow to Draft A Uniform Civil Code\u201d, published in The Times of India on 24th July, 2023. News: The article emphasizes the importance of creating a UCC that is not biased towards any religion and ensures… Continue reading How to Draft A Uniform Civil Code<\/span><\/a><\/p>\n","protected":false},"author":10320,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"categories":[1230,9],"tags":[263,264,10496],"class_list":["post-253266","post","type-post","status-publish","format-standard","hentry","category-9-pm-daily-articles","category-public","tag-gs-paper-1","tag-society","tag-times-of-india","entry"],"jetpack_featured_media_url":"","views":{"total":0,"cached_at":"","cached_date":1704897783},"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/253266","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/10320"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=253266"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/posts\/253266\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=253266"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/categories?post=253266"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/tags?post=253266"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}