The amendment of Personal Laws, regarding marriage, divorce, maintenance, inheritance, adoption, etc., is most essential. Article 44 of the Constitution says that the state shall make efforts to secure Uniform Civil Code (UCC) for citizens throughout the Indian territory. Now, a strong national debate, is badly required for drawing attention of the government to make equal personal laws.
In the past also, our SC, sent sharp reminders to the ruling governments, in the Shah Bano case of 1985, Sarla Mudgal case of 1995, stressing the need for the UCC, moreover, the recommendations are clearly given in the report of ‘National Constitution Review panel’ headed by ex-CJI, Venkatachallia. But, a majority is required, in the Parliament to approve the bill.
Presently, the laws are different, for inheritance, for Hindus and Christians. When a child of a Christian woman dies, she is unable to inherit her child’s property unless there is a specific will left by the child. Property goes to the child’s father and in his absence, to the siblings. The Christian laws of marriage, divorce and maintenance are rather harsh. Divorce laws make the separation period of two years, while in Hindu Marriage Act and Parsee Marriage and Divorce Act, the separation period is just one year.
The personal laws for Muslims are quite different. A Muslim woman cannot inherit agricultural land. In Muslim Personal law (MPL), the position of woman is very shaky, since her husband is entitled to have four wives, at a time and he can dissolve marriage any time, as per his wish. The wife, on the other hand, can divorce, only with her husband’s consent and under MPL, she cannot be guardian of her minor child and the share of a male heir is more than two times of the female.
In the Hindu personal law, a Hindu woman cannot inherit ancestral property, under the Hindu law. If she is abandoned by her family, she cannot claim maintenance, from her natal family, as a matter of right. Unfortunately, a Hindu woman also cannot adopt a child who is above five years old. Further, the Hindu Succession Act debars a Hindu wife from claiming the residence of her deceased husband, unless male heir chooses to partition it, for determining their share in the property.
Thus a Uniform Civil Code must be brought to all the women of different religious groups to give them equal laws and equal rights. When the laws for crime, contract and evidence, are common to all the religions, why can’t we have the personal laws, equal for them?
