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?Yes,
in the matter of murder and rape, India must incorporate Sharia
law of punishment by death by stoning or hanging to be carried out
within 6 months of crime and in matter of marriage laws sharia be incorporated
to allow parties to settle deal of their own separation (pre-nupital contract) at
time of marriage by treating marriage as civil contract.
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.
It should further include criminal offenses
by incorporating punishment of death for rape and murder within few months of
crime as per sharia.
Do you agree that the existing personal laws
and customary practices need codification and would benefit the people?
a.
Personal laws and customary practices should
be replaced by a uniform code
4.
Will uniform civil code or codification of
personal law and customary practices ensure gender equality?
a.
There is no such thing as gender equality. Modern
Women would always claim to be superior.
5.
Should the uniform civil code be optional?
a.
No
6.
Should the following practices be banned and
regulated?
a.
Polygamy ( Regulated)
b.
Polyandry (Regulated)
c.
Similar customary practices such as Maitri-karaar
(friendship deed) et al. (Regulated)
7.
Should the practice of triple talaq be
a.
Retained only for those women who agree for
divorce by simultaneously three times saying ‘qabul hai’ ‘qabul hai’ ‘qabul
hai’.
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.
No there are adequate protections in the
existing law.
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
10.
Do you agree that there should be a uniform
age of consent for marriage across all personal laws and customary practices?
a. Yes.
11.
Do you agree that all the religious denominations
should have the common grounds for divorce?
a. Yes 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
Reasons: Decision on meher at time of
marriage in UCC would help distraught men.
Right now maintenance has made marriage legalized form of prostitution.
Men are poorer. Instances of lootari dulhan and dolly ki doli are more in
practise than thought of. Women marry
into rich and moneyed families only to loot. This should be curbed.
13.
How can compulsory registration of marriages
be implemented better?
All
social benefits, jobs be linked with marriage certificate.
14.
What measures should we take to protect
couples who enter into inter-religion and inter-caste marriages?
Couple
should be asked to inform local police stations and police should then ensure
that couple is not killed. Police is meant for protection.
15.
Would uniform civil code infringe an
individual’s right to freedom of religion ?
a.
No
Religion
is something u practice within 4 corners of a room. Law defined how u practise
in a society i.e. outside four walls of a room. One is within, the other is
without (outside)
16.
What measures should be taken to sensitize
the society towards a common code or codification of personal law?
TV .
Remarks:
Right
now courts are plagued with cased under HMA destroying both women and man.
Rapes and murder are increasing putting fear in society. There is solution only
within Sharia. Hence in the matter of murder and rape, India must
incorporate Sharia law of punishment by death by stoning or
hanging to be carried out within 6 months of crime and in matter of marriage
laws sharia be incorporated to allow parties to settle deal of their own
separation at time of marriage (pre-nupital contract) by treating marriage as
civil contract.
Kapil
Dev Aggarwal,
