Tag: UCC

  • Since triple talaq law, divorce rate among Muslims down by 96 per cent: Kerala Guv Arif Mohd Khan 

    By PTI

    NEW DELHI: The rate of divorce among Muslims has “come down by 96 per cent” since triple talaq was made a punishable offence under the law in 2019 and this has benefitted women and children, Kerala Governor Arif Mohammed Khan said on Thursday.

    Addressing a gathering at a seminar here on Uniform Civil Code (UCC), he also wondered if is it not odd that when one seeks justice, religion has to be stated first.

    On the All India Muslim Personal Law Board sending its objections on UCC to the Law Commission, Khan said everyone has a right to express their opinion.

    “The Law Commission has sought suggestions. And, I am very hopeful that all suggestions that will come up, will get full attention from the Law Commission and the government,” he told reporters later.

    The UCC refers to a common set of laws on marriage, divorce and inheritance that would be applicable to all Indian citizens irrespective of religion, tribe or other local customs.

    The Law Commission had on June 14 initiated a fresh consultation process on UCC by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue.

    In his address, Khan also spoke of the Shah Bano case of the 1980s.

    READ HERE | ‘UCC necessary to bring fundamental right of equality’: Kerala Governor Arif Mohammed Khan

    He praised the enactment of the The Muslim Women (Protection of Rights on Marriage) Act 2019 which makes the practice of instant divorce through triple talaq among Muslims a punishable offence entailing imprisonment of up to three years, and recalled how it took two years since the Supreme Court’s landmark verdict in 2017.

    In its verdict, the apex court by a majority of 3:2 had ruled that the practice of divorce through triple talaq among Muslims is “void”, “illegal” and “unconstitutional”.

    The apex court also held that the triple talaq is against the basic tenets of Quran.

    “Do you know after the judgement, teen talaq did not stop even a single day,” Khan said, and recounted how he got a call from a person in Bahraich in Uttar Pradesh, who mentioned such a case happening with a woman, even after the verdict.

    He then mentioned how it took two years to finally have the practice of instant divorce through triple talaq among Muslims, made a punishable offence.

    “Talaq has not been banned, and it can’t be banned, triple talaq has been banned, and the result of making it a punishable offence is that in the Muslim community, the rate of divorce has come down by 96 per cent.

    And, not only women benefitted, but children too whose future were ruined due to divorce earlier,” Khan said.

    In his address, he also mentioned that the British rulers had decided to implement laws for people pertaining to their respective religions.

    “Is it not odd that when one goes to seek justice, then one’s religion has to be stated first, and which community one belongs to. So, is it equality before the law? Is it equal protection of the law? No,” he said.

    Two women go to a court, and in a similar case, both get different justice because they belong to different religious backgrounds.

    How can you accept in today’s era, Khan asked.

    NEW DELHI: The rate of divorce among Muslims has “come down by 96 per cent” since triple talaq was made a punishable offence under the law in 2019 and this has benefitted women and children, Kerala Governor Arif Mohammed Khan said on Thursday.

    Addressing a gathering at a seminar here on Uniform Civil Code (UCC), he also wondered if is it not odd that when one seeks justice, religion has to be stated first.

    On the All India Muslim Personal Law Board sending its objections on UCC to the Law Commission, Khan said everyone has a right to express their opinion.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    “The Law Commission has sought suggestions. And, I am very hopeful that all suggestions that will come up, will get full attention from the Law Commission and the government,” he told reporters later.

    The UCC refers to a common set of laws on marriage, divorce and inheritance that would be applicable to all Indian citizens irrespective of religion, tribe or other local customs.

    The Law Commission had on June 14 initiated a fresh consultation process on UCC by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue.

    In his address, Khan also spoke of the Shah Bano case of the 1980s.

    READ HERE | ‘UCC necessary to bring fundamental right of equality’: Kerala Governor Arif Mohammed Khan

    He praised the enactment of the The Muslim Women (Protection of Rights on Marriage) Act 2019 which makes the practice of instant divorce through triple talaq among Muslims a punishable offence entailing imprisonment of up to three years, and recalled how it took two years since the Supreme Court’s landmark verdict in 2017.

    In its verdict, the apex court by a majority of 3:2 had ruled that the practice of divorce through triple talaq among Muslims is “void”, “illegal” and “unconstitutional”.

    The apex court also held that the triple talaq is against the basic tenets of Quran.

    “Do you know after the judgement, teen talaq did not stop even a single day,” Khan said, and recounted how he got a call from a person in Bahraich in Uttar Pradesh, who mentioned such a case happening with a woman, even after the verdict.

    He then mentioned how it took two years to finally have the practice of instant divorce through triple talaq among Muslims, made a punishable offence.

    “Talaq has not been banned, and it can’t be banned, triple talaq has been banned, and the result of making it a punishable offence is that in the Muslim community, the rate of divorce has come down by 96 per cent.

    And, not only women benefitted, but children too whose future were ruined due to divorce earlier,” Khan said.

    In his address, he also mentioned that the British rulers had decided to implement laws for people pertaining to their respective religions.

    “Is it not odd that when one goes to seek justice, then one’s religion has to be stated first, and which community one belongs to. So, is it equality before the law? Is it equal protection of the law? No,” he said.

    Two women go to a court, and in a similar case, both get different justice because they belong to different religious backgrounds.

    How can you accept in today’s era, Khan asked.

  • Uniform civil code a difficult issue: Amartya Sen 

    By PTI

    SANTINIKETAN: Nobel Laureate Amartya Sen on Wednesday claimed that the Uniform Civil Code is a “difficult” issue and efforts are on to make it easy.

    The 90-year-old economist also said the UCC surely has a link with the concept of Hindu Rashtra.

    “The Uniform Civil Code” is a difficult issue. Now attempts are on to make it easy. There are differences among us. There are differences of religions, there are differences in rules and customs. We need to remove those differences and be united.

    “I read in the newspaper that there should not be any more delay in implementing the Uniform Civil Code. No idea from where such a nonsense concept has come,” Sen told reporters at his home here.

    To a question if the UCC has links with the idea of Hindu Rashtra, he said it “surely” has.

    “But Hindu Rashtra is not the only way for progress– Hinduism is being misused,” said the Bharat Ratna awardee.

    The UCC refers to a common set of laws on marriage, divorce and inheritance that would be applicable to all Indian citizens irrespective of religion, tribe or other local customs.

    The Law Commission had on June 14 initiated a fresh consultation process on UCC by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue.

    SANTINIKETAN: Nobel Laureate Amartya Sen on Wednesday claimed that the Uniform Civil Code is a “difficult” issue and efforts are on to make it easy.

    The 90-year-old economist also said the UCC surely has a link with the concept of Hindu Rashtra.

    “The Uniform Civil Code” is a difficult issue. Now attempts are on to make it easy. There are differences among us. There are differences of religions, there are differences in rules and customs. We need to remove those differences and be united.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    “I read in the newspaper that there should not be any more delay in implementing the Uniform Civil Code. No idea from where such a nonsense concept has come,” Sen told reporters at his home here.

    To a question if the UCC has links with the idea of Hindu Rashtra, he said it “surely” has.

    “But Hindu Rashtra is not the only way for progress– Hinduism is being misused,” said the Bharat Ratna awardee.

    The UCC refers to a common set of laws on marriage, divorce and inheritance that would be applicable to all Indian citizens irrespective of religion, tribe or other local customs.

    The Law Commission had on June 14 initiated a fresh consultation process on UCC by seeking views from stakeholders, including public and recognised religious organisations, on the politically sensitive issue.

  • Uttarakhand govt to extend tenure of panel on Uniform Civil Code

    Express News Service

    DEHRADUN: The Uttarakhand government would extend the tenure of an expert committee formed to look into the launch of the Uniform Civil Code (UCC) in the state. 

    The term of the panel ends on May 27.

    The demand for an extension has arisen since the committee needs more time to finalize the draft, a senior member of the committee Shatrughan Singh said.

    The panel has to create a code on marriage, divorce, property rights, succession, inheritance, adoption, maintenance, civil rights, and many other issues, he told The New Indian Express.

    The panel has so far received 1.25 lakh suggestions. After collecting more than 1.25 lakh suggestions, the committee has started reviewing and studying them.

    According to the panel member, 75 per cent of the work of drafting the UCC has concluded.

    “After studying the suggestions received, the panel will forward it to the government in the form of a draft. The government will send it to the law department for examination after its consent”, said Shatrughan Singh.

    DEHRADUN: The Uttarakhand government would extend the tenure of an expert committee formed to look into the launch of the Uniform Civil Code (UCC) in the state. 

    The term of the panel ends on May 27.

    The demand for an extension has arisen since the committee needs more time to finalize the draft, a senior member of the committee Shatrughan Singh said.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    The panel has to create a code on marriage, divorce, property rights, succession, inheritance, adoption, maintenance, civil rights, and many other issues, he told The New Indian Express.

    The panel has so far received 1.25 lakh suggestions. After collecting more than 1.25 lakh suggestions, the committee has started reviewing and studying them.

    According to the panel member, 75 per cent of the work of drafting the UCC has concluded.

    “After studying the suggestions received, the panel will forward it to the government in the form of a draft. The government will send it to the law department for examination after its consent”, said Shatrughan Singh.

  • Gujarat polls: BJP manifesto promises implementation of Uniform Civil Code in state

    By PTI

    GANDHINAGAR: The Bharatiya Janata Party (BJP) on Saturday released its manifesto for next month’s Gujarat Assembly elections, in which it promised to implement the Uniform Civil Code (UCC) in the state if the party retained power.

    In the manifesto, which was released here by BJP president J P Nadda, the party also promised free education to girls from KG to PG (kindergarten to post-graduation).

    It also assured that the amount of medical insurance coverage under the Ayushman Bharat scheme would be doubled from Rs five lakh to Rs 10 lakh.

    GANDHINAGAR: The Bharatiya Janata Party (BJP) on Saturday released its manifesto for next month’s Gujarat Assembly elections, in which it promised to implement the Uniform Civil Code (UCC) in the state if the party retained power.

    In the manifesto, which was released here by BJP president J P Nadda, the party also promised free education to girls from KG to PG (kindergarten to post-graduation).

    It also assured that the amount of medical insurance coverage under the Ayushman Bharat scheme would be doubled from Rs five lakh to Rs 10 lakh.

  • Delhi HC backs Uniform Civil Code, urges Centre to take necessary steps

    By ANI
    NEW DELHI: The Delhi high court has backed the need for a Uniform Civil Code (UCC) observing that there is the need for a Code – ‘common to all’ in the country and had asked the central government to take the necessary steps in this matter. “In modern Indian society, which is gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating,” the HC said.

    “The hope expressed in Article 44 of the Constitution that the State shall secure for its citizens Uniform Civil Code ought not to remain a mere hope,” a bench of Justice Prathiba M. Singh said, adding that the need for a Uniform Civil Code as envisioned under Article 44, has been reiterated from time to time by the Supreme Court.

    “The Supreme Court had, in 1985 directed that the judgment in Ms Jordon Diengdeh (supra) be placed before the Ministry of Law to take appropriate steps. However, more than three decades have passed since then and it is unclear as to what steps have been taken in this regard to date. Accordingly, let the copy of the present judgment be communicated to the Secretary, Ministry of Law & Justice, Government of India, for necessary action as deemed appropriate,” the court said.

    “Cases like the present one repeatedly highlight the need for such a Code – ‘common to all, which would enable uniform principles being applied in respect of aspects such as marriage, divorce, succession etc., so that settled principles, safeguards and procedures can be laid down and citizens are not made to struggle due to the conflicts and contradictions in various personal laws,” the court said.

    “In modern Indian society which is gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating,” the court said.

    The court observed that the youth of India belonging to various communities, tribes, castes or religions who solemnise their marriages ought not to be forced to struggle with issues arising due to conflicts in various personal laws, especially in relation to marriage and divorce.

    The court’s observation came while hearing a plea seeking the applicability of The Hindu Marriage Act, 1955, in respect of the parties who belong to the Meena community in view of the exclusion under Section 2(2) of the HMA, 1955.

    The couple got married on 24th June 2012. A petition seeking divorce under Section 13-1(ia) of the HMA, 1955 was filed by the man on 2nd December 2015. The woman e prayed for rejection of the divorce petition, on the ground that the provisions of the HMA, 1955 do not apply to the parties concerned as they are members of a notified Scheduled Tribe in Rajasthan, and hence the HMA, 1955 would not be applicable to the case of the said parties in view of Section 2(2) of the HMA, 1955.

    The application was decided by the Family Court and the divorce petition was dismissed by holding that the provisions of the HMA, 1955 do not extend to the Meena community, which is a notified Scheduled Tribe. the man challenged the trial court order dated 28th November 2020 in the High Court.

    The High Court allowed his appeal to challenge the trial court order and set aside trial court decisions.

    “The appeal is allowed. The impugned judgment is not sustainable and is accordingly set aside. The trial court is directed to proceed with the adjudication of the petition under 13-1(a) of the HMA, 1955 on merits and render a decision within six months,” the high court said.