Friday, August 31, 2018

Law commission: Uniform Civil Code is undesirable, unnecessary

The Law Commission has asked the uniform civil code that the country does not need it at this time. Regarding uniform civil code, the commission said that the diversity of the country should not be interpreted by diversity, not with inequality. The Commission, while issuing the consultation paper, the Commission said that the child born with live relationship needs to make a law to give rights to the father's property. With this, it has been said that the age of marriage between the boy and the girl should be one. At present, the girl's marriage is 18 years and the boy's 21 years. At the same time, after the divorce, suggestions have been given regarding giving half of the property to a woman.

Regarding personal law and uniform civil code, the Law Commission has issued all suggestions while issuing the consultation paper and stated that the uniform civil code is neither necessary nor desirable on this stage. The Law Commission has suggested changes in the Penal Laws of all religions.

The question related to Parnal Law of all religions was in the domain

The details were sought to know from side to side to change the personal law related to the three main religions, Hindu, Muslim, and Christian. The main questions that were kept for the people included important multi-marriage, rights to property of Hindu women, rights of illegitimate children, marriage age, issue of a waiting period for divorce etc. The questions which were put in the public domain were asked for the same. The question in which the question was, was the question of whether to end the multi-marriage practice or to regulate it.

There is a provision of 4 marriages in the Muslim religion. Prevailing practice in Gujarat should end the friendship agreement? Under this, married Hindu women contract with friends and keep them together. The right to property of a Hindu woman is questioned how to determine the right of property and not come under any pressure.

The same age as the boy and the girl's age for marriage

The Law Commission has given all the suggestions, which states that different religions have different arrangements with respect to the age of marriage. Parnal Law violates the Child Marriage Prevention Law, it needs to be seen. At the same time, there was a debate over the age of consent for the age of marriage, and the Law Commission said that there is a concept that the girl's age should be lowered at the time of marriage.

Polygamy is a crime, it can be written in the affirmation

In the case of polygamy, the Law Commission said that when a man marries many women, then under Section 494 of the IPC, there is a crime. Multiple marriages practice in Islam, but it is often misused. The Law Commission recommends that it should be clear in the affirmation that there is a multi-marriage racket and a lawsuit is pursued under Section 494 of the IPC. But since the multi marriage case is pending in the Supreme Court, in that case, we will not recommend it.

Right to Child born from Life

It is said in the report of the Law Commission that if a child is justified, he gets an inheritance in father's property and in ancestral property. The child who is born from a live relationship and such a relationship is like marriage which means that the child born from the long-term relationship has the right child status. But when the child is born from a short-term life in the relationship, that child falls under the category of illegitimate children.

The Constituent Assembly was also not a vote

The Law Commission said that there is an attempt to identify the diversity in the countries of the world. In such a differentiation does not mean inequality, but it is proof of strong democracy. The Commission said that the Constituent Assembly was not a single opinion about the uniform civil code.

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