The writer tries to debunk certain myths associated with the UCC and how certain judicial decisions such as the Shah Bano Case and the Sarla Mudgal have played a decisive role in showing the pressing need for a uniform code for the country. The term Uniform Civil Code UCC envisages administration of the same set of secular rules to govern people belonging to different regions and holding different religious beliefs. The term is used to denote a set of rules and regulations that govern all personal matters like; marriage, adoption, divorce, maintenance and inheritance- including matters related to property and personal status of citizens. As things currently stand in India, different communities have different laws governing different aspects of their daily lives, i.
Jacobsohn classifies the constitutions of the world into two categories. This claim is further substantiated by the deliberate omission of any allusion to the law on family. It was intended that matters related to family would be the domain of state to facilitate reform in the law.
Thus, most changes in laws governing family, flow from the state in the form of amendments and statutes, which are enacted to transform the society into one with more progressive values.
Nonetheless, reform needs to take place with regard to Sarla mudgal essay prevailing values in society and make allowance for the demands of several cultures in a diverse country like India. In pursuance of the same, Article 44 which was the demand to evolve a Uniform Civil Code, to govern the personal laws of every religion, was placed in the Constitution as a Directive Principle of State Policy.
These Directive Principles are goals that the government should keep in mind while it formulates policy. Apart from upholding the law, they have also tackled grey areas, resolved conflicting situations through reconciliation of different statues on the same subject and filled the lacunae.
Illegalization of unlimited polygamy for Hindus, thus was, an important example of the positive influence of courts. This was taken further when conversion for the purpose of committing bigamy was also illegalized in Sarla Mudgal v. The Sarla Mudgal CaseThe petitioner in this case was married for some year with three children from the wedding when she found out that her husband had contracted a second marriage with another woman, after converting to Islam.
Her husband converted for the sole purpose of contracting a second marriage and ensuring that the provisions of Section of the Indian Penal Code were not attracted. He argued, however, that Islam allowed for limited polygamy — four wives — thus, he could marry a second time even though his first wife remained a Hindu.
The court held that marriage under the personal laws of one religion here Hinduism could not be taken to court for dissolution under the law of another different religion here Islam even if one of the parties embraced another different religion.
This is because such a rule would violate the rights of the first spouse.
However, the second marriage would be void because this very reason — that the first marriage subsisted, even after conversion of the spouse. Sushmita Ghosh who had married Shri G. Ghosh in in accordance with Hindu rites. Ghosh had converted to Islam in and informed his wife of the change in religion.
He stated that he wanted to marry Miss Vanita Gupta and so she should agree to a divorce by mutual consent. Change in religion is an accepted ground for divorce under section 13 of the Hindu Marriage Act, Sushmita Ghosh did not want a divorce and got in touch with her aunt and her father to intervene on her behalf.
She, her father and her relative tried to persuade her husband to not go for a divorce. However, his decision remained unchanged.
He stated that his wife could either divorce by mutual consent, or she would have to put up with his second wife, Ms. Sushmita Ghosh was thus left with no alternative but to approach the courts. Sushmita Ghosh is that her husband, Shri G.
Ghosh, had not converted to Islam a matter of faith, but had done so solely for the purpose of taking in a second wife.
While unlimited polygamy was allowed for Hindus, prior to the enactment of the Hindu Marriage Act, it was abolished post However, limited polygamy is still allowed for the male followers of Islam in India and they can have up to four wives. Thus, it had become commonplace for many male members of the Hindu faith to convert to Islam for the purpose of marrying a second woman, divorcing their first wife and then re-converting back to Hinduism.
The re-conversion was to ensure that property interests were not harmed. The petitioner proved this by referring to, firstly, a birth certificate of a son born to G.
In fact, he signed the marriage certificate issued by Mufti Mohd. Removal of Burden of ProofThe second contention raised was that since the judgment in Sarla Mudgal validated their case, conviction should take place without any need for proof.
However, it was held that the conviction could not be made certain based on only a statement of admission made outside the court. This was because the provisions of the Indian Penal Code demanded that proof of not only the first marriage, but also the second marriage.
This is still a legal obligation and admission of the marriage by the person being accused of bigamy, is not enough to constitute the requirement. The matrimonial ceremonies needed to be shown. Even though these marriages would be violative of the law, there could be no retrospective application.Sarla Mudgal vs.
Union of India is violative of rights guaranteed under article 21 of the constitution. The judgment in Sarla Mudgal case has neither changed the procedure nor created any law for the prosecution of the person sought.
|It is a review of the above mentioned case. The case holds extreme importance as it laid down principles against the practice of solemnizing second marriage by conversion to Islam, with first marriage not being dissolved, followed by Hindu husbands.|
Included: india essay law essay political essay content. Preview text: Article 44 of the Constitution of India lays down an important directive principle of state policy, namely, that the State shall endeavour to secure for its citizens, a uniform civil code throughout the territory of India.
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Dec 13, · The present case has 4 petitioners. It is a writ petition under Article 32 of the Indian Constitution.
Petitioner 1 is the President of "KALYANI" - a registered society - which is an organisation working for the welfare of needy-families and women in distress.
Petitioner 2, Meena Mathur was married t Jitender Mathur in Legal Provisions of Section of Indian Penal Code, Marrying again during lifetime of husband or wife: Marrying again during the lifetime of husband or wife, that is to say, bigamy, has been made a punishable offence under this section.
BENEFIT & CHALLENGES OF UNIFORM CIVIL CODE IN INDIA A Uniform Civil Code is much better for India. As India need the Uniform Civil Code because in India there are different laws, rules and regulation according to the different religion, different caste and section, which make the confusion in the law.