Lok Sabha Question No. 4515 (UNSTARRED), answered on 2017-03-29
Subject: Uniform Civil Code
Ministry: LAW AND JUSTICE
Asked by: RANGASWAMY DHRUVANARAYANA, RANJANBEN BHATT

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE LEGISLATIVE DEPARTMENT

## L O K     S A B H A

## UNSTARRED QUESTION No. 4515

## TO BE ANSWERED ON WEDNESDAY, THE 29 TH  MARCH, 2017.

## Uniform Civil Code

## 4515. SHRI R. DHRUVA NARAYANA SHRIMATI RANJANBEN BHATT

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  the  implementation  of  a  Uniform  Civil  Code  (UCC) has been considered by the Government;
- (b) if so, the details thereof;
- (c) whether the Law Commission has released a questionnaire on the possibility of a UCC and if so, the details thereof;
- (d) whether several communities across the country have rejected the  possibility  of  a  UCC  fearing  an  encroachment  on  their religious rights and if so, the reasons therefor;
- (e) whether  the  Government  has  looked  into  regressive  practices like  triple  talaq,  fasting  unto  death  in  Jainism  etc.  which violates  human  rights  and  if  so,  the  action  taken  by  the Government to address the same; and
- (f) whether the Government plans to formulate a provision in the law to introduce uniformity in succession, marriage and divorce in order to safeguard the rights of everybody especially women and children and if so, the details thereof?

## A N S W E R

## MINISTER OF STATE FOR LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

(SHRI P.P. CHAUDHARY)

- (a) and (b) Article 44 of the Constitution relating to Directive Principles of State Policy provides that State shall endeavor to secure for the citizens a  uniform  civil  code throughout   the   territory   of   India.      In  view   of

the  importance  of  the  subject  matter  and  sensitivity involved, and the matter requiring in-depth study of the provisions  of  various  personal  laws  governing  different communities,  the  Government  has  requested  the  Law Commission of India to undertake examination of various issues relating to uniform civil code and to  make recommendation thereof.

- (c) Yes, Madam.  A copy of questionnaire issued by the Law Commission is annexed herewith.
- (d) As the matter is under examination of the Law Commission, it is not  possible  to give any  reply  in  this regard.
- (e) No,  Madam.    However,  the  issue  of  triple  talaq  is challenged  before  the  Supreme  Court  in  the  matter  of Shayara Bano Vs. Union of India in Writ Petition (Civil) No. 118 of 2016 and Union of India has filed a counter affidavit  stating  that  the  validity  of  triple  talaq, nikah halala and polygamy needs to be considered in the light of  the  principles  of  gender  justice  and  the  overriding principle of non-discrimination, dignity and  equality enshrined under the Constitution.
- (f) In view of the reply to part (a) of the question, reply to part (f) does not arise.

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## Law Commission of India

## Questionnaire on Uniform Civil Code

1. Are you aware that Article 44 of the Constitution of India provides that 'the State  shall  endeavour  to  secure  for  the  citizens  a  Uniform  Civil  Code throughout the territory of India'?

- a. Yes

- b. No

In your view, does this matter require any further initiatives?

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2. The  various  religious  denominations  are  governed  by  personal  laws  and customary practices in India on matters of family law, should the UCC include all or some of these subjects?

- i. Marriage

- ii. Divorce

- iii. Adoption

- iv. Guardianship and Child custody

- v. Maintenance

- vi. Successions and

- vii. Inheritance

- a. Yes, it should include all these

- b. No, it should exclude\_\_\_\_\_\_\_\_\_

- c. It should further include\_\_\_\_\_\_\_

3. Do  you  agree  that  the  existing  personal  laws  and  customary  practices  need codification and would benefit the people?

- a. Yes

- b. No

- c. Personal laws and customary practices should be replaced by a uniform code

- d. Personal laws and customary practices should be codified to bring them in line with fundamental rights.

4. Will uniform civil code or codification of personal law and customary practices ensure gender equality?

- a. Yes

- b. No

5. Should the uniform civil code be optional?

- a. Yes

- b. No

6. Should the following practices be banned and regulated?

- a. Polygamy (Banned/ Regulated)

- b. Polyandry (Banned/ Regulated)

- c. Similar customary practices such as Maitri-karaar (friendship deed) et al. (Banned/ Regulated)

7. Should the practice of triple talaq be

- a. Abolished in toto .

- b. Retained the custom

- c. Retained with suitable amendments

8. Do you think that steps should be taken to ensure that Hindu women are better able to exercise their right to property, which is often bequeathed to sons under customary practices?

- a. Yes,  Hindu  women  must be  made  aware  of  this  right  and  measures should be taken to ensure that women, under pressure from family do not forego their property.

- b. No there are adequate protections in the existing law.

- c. Legal provisions will not help in what is primarily a cultural practice, steps have to be taken so sensitise the society instead.

9. Do you agree that the two-year period of wait for finalising divorce violates Christian women's right to equality?

- a. Yes, it should be made uniform across all marriages

- b. No. This period is sufficient and in-keeping with religious sentiments.

10. Do you agree that there should be a uniform age of consent for marriage across all personal laws and customary practices?

- a. Yes.

- b. No, customary laws locate this age at the attainment of puberty.

- c. The prevailing system of recognising 'voidable' marriages is sufficient.

11. Do  you  agree  that  all  the  religious  denominations  should  have  the  common grounds for divorce?

- a. Yes

- b. No, cultural difference must be preserved.

- c. No, but there should be the same grounds for divorce available for men and women within personal law.

12. Would  uniform  civil  code  aid  in addressing the problem  of  denial of maintenance or insufficient maintenance to women upon divorce?

- a. Yes

- b. No

Give reasons:

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13. How can compulsory registration of marriages be implemented better?

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14. What measures should we take to protect couples who enter into inter-religion and inter-caste marriages?

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15. Would uniform civil code infringe an individual's right to freedom of religion?

- a. Yes

- b. No

Give reasons:

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16. What  measures  should  be  taken  to  sensitize  the  society  towards  a  common code or codification of personal law?

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Remarks:

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