Article 44 states that the State shall use all reasonable endeavours to provide
its inhabitants with a unified civil code (UCC) over the entire territory of
India, which is consistent with the Directive Principles of State Policy. All
societal sectors shall be treated equally under a national civil code that is
uniformly applicable to all, regardless of their religious views.
divorce, child support, inheritance, adoption, and property succession are among
the subjects they cover. It is based on the premise that there is no connection
between religion and the law in modern culture. Maintenance, in a wide sense, is
the amount that one partner in a relationship gives to the other when that other
is unable to maintain themselves. The term "maintenance" is not defined in the
Code of Criminal Procedure.
The maintenance order is addressed in Section 125 of
the CrPC. People of all religions may file a maintenance claim under this
section because it is a secular regulation. The court may intervene in
accordance with section 125(3) if the subject is defying the order without a
valid excuse. It is now possible to get back a year's worth of back payments.
One of the most often used and discussed sections of the Code of Criminal
Procedure is Section 125. According to this law, a person who can support
himself financially cannot refuse to pay maintenance to their spouse, kids, or
parents if they are unable to care for themselves.
According to this clause, if
any individual with appropriate resources neglects or declines to maintain:
- � his wife,
- � his legitimate or illegitimate minor child (whether married or not),
- � his legitimate or illegitimate major children (not being a married daughter) who by reason of any mental or physical abnormality or injury.
- � his father or mother,
Fundamental Duties and Party (DPSP)
Every Indian citizen has a fundamental responsibility to strive for excellence
in all of their individual and collective undertakings in order to support the
nation's ongoing efforts and achievements. The Directive Principles of State
Policy contain a clause that explicitly states that improving people's welfare
is important. They were introduced into the Indian Constitution to make sure
that the laws and administration are being carried out zealously to protect and
aid individuals across the country.
In order to further the welfare of the public, the State is required to uphold
social order, according to Article 38. One could contribute to this welfare by
removing inconsistencies in the justice provided in civil cases concerning
personal laws. Article 44 presents the concept of a unified civil code, which
integrates the personal rules for people of different religious faiths, in order
to guarantee that the balances of justice remain balanced.
Aims and objective behind incorporating UCC in part IV
The idea of a uniform civil code, which would apply to all religious sects, is
one country, one rule. Part 4, Article 44 of the Indian Constitution
specifically mentions the term "Uniform Civil Code." The State shall endeavour
to obtain for the Citizens a consistent civil code across the territory of
India, according to Article 44.
Challenges to implementation of UCC on personal law
Every single central family law that the Parliament has passed has an exemption.
First off, the preamble of the central family law states that Jammu and Kashmir
is exempt from its implementation. Additionally, nothing in this Act shall apply
to the Renocants of the union territory of Pondicherry, according to the
declaration that this law does not apply to the union territory of Pondicherry.
Thirdly, because Goa, Daman, and Diu followed the Portuguese code, none of the
fundamental principles of family law are relevant there. Fourth, there is an
exception for the north-eastern states of India, which offer particular
protection to the states of Nagaland, Mizoram, Assam, and Manipur, among others,
under Articles 371(A) to 371(G) of the Indian Constitution.
obstacle will be communal politics, or majoritism. The concept of religious
freedom embodied in Article 25 of the Constitution will also be repealed upon
implementation of UCC, conflicting with Article 14 of the Indian Constitution.
The Indian Supreme Court has repeatedly denied petitioners' requests to have
Muslim personal law, which permits polygamy, declared invalid for violating
Articles 14 and 15, declared invalid.
- To proclaim Muslim Personal Law, which allows a Muslim man to unilaterally
divorce his wife without getting her permission or using the legal system,
as invalid and in violation of Articles 13, 14, and 15 of the Constitution.
- To state that the Dissolution of Muslim Marriages Act of 1939's
subsection (8) defines an act of cruelty as the mere act of a Muslim husband
taking more than one wife.
Analysis Of Landmark Judgements:
- Danial Latif V Union Of India:
The Muslim Women's Act (MWA) was contested on the grounds that it infringed on both the right to life under Article 21 and the rights to equality under Articles 14 and 15. The Supreme Court upheld the law's constitutionality, harmonized it with Section 125 of the Criminal Procedure Code, and determined that the money a wife receives during the iddat period should be sufficient to support her both now and in the future. A Muslim woman who has been divorced is therefore entitled to support for life, or until she marries again, under the laws of the country.
- Mohs Ahmed Khan V Shah Bano Begum
Shah Bano, a 73-year-old woman, was denied maintenance after her husband divorced her using triple talaq (saying "I divorce thee" three times). After she filed a lawsuit, the District Court and the High Court decided in her favor. This prompted her husband to file an appeal with the Supreme Court, claiming that he had completed all of his Islamic law-related duties.
Hindus, Muslims, Christians, and Parsis all have specific personal laws that
have been codified in India. There is no universal family law that applies to
all Indians and is accepted by all the religious communities that coexist in
India. But the majority of them firmly hold that UCC is desirable would go a
great way toward enhancing and solidifying Indian nationhood. Different people
have different ideas on when and how it should be implemented.
intellectual leaders ought to work to forge a consensus rather than utilizing it
as an emotional issue to advance their own political interests. The issue, which
personal laws have so far failed to address, is simply how to treat every human
being with respect. It is not about protecting minorities or even about
maintaining national unity.