"In more than a dozen cases, the Supreme Court has said that Uniform Civil Code (UCC) should be implemented as soon as possible. The court has repeated this time and again. I don't understand why the same age for marriage can't be fixed for Hindus and Muslims.
It is being propagated that the UCC will affect religious customs and rituals. If criminal law is the same for all people in the country, then why can't civil law be that way?," chairman, Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice & BJP MP Sushil Modi
("It gives me immense pleasure to inform you that the drafting of the proposed Uniform Civil Code of Uttarakhand is now complete. The report of the expert committee along with the draft will be printed and submitted to the Government of Uttarakhand": Retd Supreme Court Justice Ranjana Prakash Desai, member of the UCC draft committee )
The Modi Govt is likely to table a Bill on Uniform Civil Code during the forthcoming Monsoon session of Parliament.
Few important areas will be impacted across socio-religious groups.
It is understood that the proposed UCC will impact the Christian personal law such as inheritance, adoption, and succession.
The Succession Act of 1925 gives Christian mothers no right in the property of their deceased kids.
All such property as per present law are inherited by the father. This provision would also be abolished if UCC comes in.
Section 10A(1) of the Christian Divorce Law makes the separation period of two years mandatory for any couple to get a mutual divorce, but if UCC comes in, this would be universal.
Though in many quarters, the UCC is being seen as a Hindu-non Hindu, essentially it is not.
Experts say the implementation of the UCC is likely to 'subsume personal laws' across all communities in the country.
Here we have a few classic instances -- and sadly these issues are not being debated in the din of scoring political points.
Under Christian law, a woman has to prove cruelty as well as adultery to obtain a divorce from her husband.
* Under Muslim law, adultery is not recognised as a ground for divorce by a woman unless it can be proved that the husband committed adultery with "women of evil repute or leads an infamous life".
* Hindu law allows the husband to seek divorce for adultery. But the wife has to prove cruelty or desertion along with adultery to get a divorce.
The period of separation and abandonment by the husband, at which the wife can seek divorce, are different in various religions. For Hindus, it is two years, while Muslims allow four years.
In 2015, the Supreme Court noted that Christian women are "not recognised as natural guardians" of their own children under Christian law, even though Hindu unmarried women are considered the "natural guardian" of their child. The UCC is expected to do away with these discrepancies.
There is no specific statute enabling or regulating adoption among Christians in India. Under Islamic law, adoption is not recognised.
Hindu law treats an adopted child equivalent to a natural-born child.
However, individuals from Islam and Christianity can adopt a child from an orphanage by obtaining permission from the courts under the Guardians and Wards Act.
Article 44 of The Constitution of India says, the State (that is the central government) shall endeavour to secure for the citizens a uniform civil code throughout the territory of India".
One school of thought says, the UCC would promote national integration and secularism by creating a common identity and sense of belonging among all citizens.
It would also reduce the communal and sectarian conflicts that arise due to different personal laws.
Challenges include - How do one find a common ground and uniformity among the vast diversity in India?
Moreover, many personal laws are not codified or documented, but are based on oral or written sources that are often ambiguous or contradictory. There have been resistance from Religious and Minority Groups.
Many religious and minority group's view UCC as an 'infringement' on their religious freedom and cultural autonomy.
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