Uniform Civil Code in India

1585 Words Dec 21st, 2010 7 Pages
Should India have a Uniform Civil Code?

Should India have a Uniform Civil Code? This is a question that causes agitation and furious debate everytime it is raised. It is a debate that has been raging for years now. Even the makers of our Constitution thought about it when they wrote it because the Article 44 our Constitution clearly states that :' The state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India'. The article is part of the Directive Principles of State Policy and are not binding on the Government. But let's not get ahead of ourselves. First we shall define what is a Civil Code. A Civil Code is a systematic compilation of laws designed to comprehensively deal with
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The court argued that even in the Quran, a woman is entitled to maintenance according to Sura 2:241-242. The court also said : ' Neglect by a person of sufficient means to maintain these and the inability of those persons to maintain themselves are the objective criteria of the applicability of Section 125. such provisions, which are essentially of a prophylactic nature, cut across the barriers of religion.' It added that : 'Clause (b) of the explanation to Section 125, which defines 'wife' as including a divorced wife, contains no words of limitation to justify the exclusion of Muslim women from its scope. The section is truly secular in nature.'
The response to the ruling was prompt. The Muslim leaders announced that they would sacrifice their 'everything' to protect their Personal Law. They felt that any attempt to dismantle the Personal Law would destroy the Muslim culture in the subcontinent. The government of Rajiv Gandhi, acted quickly and passed the Muslim Women's (Protection of Rights in Divorce) Act in 1986, a law that provided the maintenance for Muslim women outside the criminal Code, thus ensuring that Muslim women were not protected under the Constitutional right to equality, and that they could no longer have recourse to Section 125 of the Code of Criminal Procedure. The act set the path for the return of the mahr and the standard maintence during the iddat period.

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