Words of Wisdom:

"Life is just a series of speed bumps." - Brendanpec

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  • Date Submitted: 09/28/2012 02:18 AM
  • Flesch-Kincaid Score: 45.8 
  • Words: 553
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Introduction:
The mere three words and the nation breaks into hysterical jubilation and frantic wailing. These three words are enough to divide the nation into two categories - politically, socially and religiously. Politically, the nation is divided as BJP, which propagates implementation of the Uniform Civil Code (hereinafter referred to as the UCC) and the non BJP including the Congress party, Samajwadi party, who are against the implementation of the UCC. Socially, the intelligentsia of the country, who analyse logically the pros and cons of the UCC and the illiterate who have no opinion of their own and succumb to the political pressure are at opposite poles. And, religiously, there is a dangerous widening schism between the majority Hindus and the minority community mostly the Muslims. Being a law student, I would like to consider the legal implications of UCC.

I strongly support the crusade for the implementation of UCC and homogenising the personal laws. I support it, not because of any bias, but because it is the need of the hour. It is high time that India had a uniform law dealing with marriage, divorce, succession, inheritance and maintenance.

Indian case law:
Recently, the Supreme Court of India again called for a UCC. The Supreme Court first directed the Parliament to frame a UCC in the year 1985 in the case of Mohammad Ahmed Khan v. Shah Bano Begum[1], popularly known as the Shah Bano case. In this case, a penurious Muslim woman claimed for maintenance from her husband under Section 125 of the Code of Criminal Procedure[2] after she was given triple talaq from him. The Supreme Court held that the Muslim woman have a right to get maintenance from her husband under Section 125. The Court also held that Article 44[3] of the Constitution has remained a dead letter. The then Chief Justice of India Y.V. Chandrachud observed that,

"A common civil code will help the cause of national integration by removing disparate loyalties to law which have...

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