Uniform Civil Code

Question 1

Status of Personal Law in India

Answer 1

• Hindu personal laws have been by and large secularized and modernized by statutory enactments (The Hindu Marriage Act, 1955).
• Muslim personal laws are still primarily unmodified and traditional in their content and approach
• Christians and Jews are also governed by different personal laws.

Question 2

context

Answer 2

In December 2020, the Supreme Court agreed to examine advocate A.K. Upadhyay’s plea for a single law covering divorce, maintenance and alimony for all religions.-> Law banavala nahiye ajun mhnje

Question 3

Need for a uniform law?

Answer 3

Existing anomalies, varying from one religion to another, are violative of the right to equality (Article 14 of the Constitution) and right against discrimination (Article 15) on the basis of religion and gender and right to dignity.

-Therefore, the laws on divorce, maintenance and alimony should be “gender-neutral and religion-neutral”

Question 4

What is Uniform Civil Code?

Answer 4

A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil code, which shall be applicable to all uniformly. They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property.

Question 5

What is Section 125 of the Code of Criminal Procedure?

Answer 5

• applies to all communities
• lays down the provision for maintenance of wives, children, and parents if they do not earn enough and reasonable means to maintain themselves, or suffer from any physical or mental incapacity.(IF DIVORCED)
• Under this section, even a wife who has not divorced her husband has the right to get maintenance from her husband.

Question 6

Article 142 is related to?

Answer 6

Article 142 “provide(s) a unique power to the Supreme Court, to do “complete justice” between the parties, i.e., where at times law or statute may not provide a remedy, the Court can extend itself