Re: [GRN] Yes, Madras ( Chennai) high court and women's rights lawyer Flavia Agnes, are absolutely right

'Pedro Mascarenhas' via Goa-Research-Net Thu, 29 Jun 2023 04:17:20 -0700

 Thank you Albertina

Can Indiahave a Uniform Civil Code?

PM Modi’sremarks have reignited the Uniform Civil Code debate. But what exactly
is it?And can India have a UCC?

The Indian Penal Code (IPC) was brought by the British in 1862 to coverall
substantive aspects of criminal law. The IPC did not apply to matters suchas
marriage, divorce, inheritance, adoption and succession. These were governedby
personal laws of different religions.

As decades went by, a need was graduallyfelt for a set of laws to cover these
matters. In the 1930s, an All IndiaWomen’s Conference sought equal rights for
all women---no matter from whichreligion---in marriage, divorce, inheritance,
adoption and succession.

After India became independent in 1947, the Jawahar Lal Nehru
governmentaccelerated the process to reform religious laws through a common
code, butonly for all Hindus. The idea was to modernise Hindu society and forge
nationalunity. However, the term Hindus was soon to be defined expansively to
alsoinclude Jains, Buddhists and Sikhs.

Staying true to his “secular andpluralistic” credentials, Nehru followed the
British who didn’t usuallyinterfere in the religion-based personal laws of
other communities, includingMuslims, Christians and Parsis, giving them some
kind of autonomy andprotection because of their minority status. But it’s also
no secret how theBritish thrived in India through their divide-and-rule policy.

Be that as it may, the two competing desires were manifested even whenthe
Indian Constitution, which came into effect in 1950, said the State
shallendeavour to secure for all citizens a Uniform Civil Code (UCC). The idea
of aUCC referred to laws that apply to everyone in India, replacing
religion-basedpersonal laws governing matters such as marriage, divorce,
inheritance,adoption and succession. But the Constitution clarified that UCC
wasnon-enforceable through courts.

In the 1950s, the Nehru government passed,following initial resistance, several
laws to codify and reform Hindu personallaws, a process which was started
during the British rule of India. The countryhad many new laws such as Hindu
Marriage Act, Hindu Succession Act, HinduMinority and Guardianship Act, and
Hindu Adoptions and Maintenance Act.

But the demand for a UCC never died down. Nehru’s first Law Minister wasBR
Ambedkar, a man who played a crucial role in drafting the IndianConstitution,
and who is revered by those championing the causes of plurality,secularism and
social justice, particularly for the Dalits. Even Ambedkar hadbacked a UCC and
faced Muslim opposition.

The courts have been quite clear about aUCC. In the 1985 Shah Bano case, the
Supreme Court, after two similar orders inthe past, batted for a common civil
code for greater national integration, andsaid the Muslim Personal Laws
couldn’t be cited to deny Muslim womenmaintenance from their husbands after
divorce. Muslim clerics protested and theRajiv Gandhi government used his
parliamentary mandate to overturn the courtorder through a law.

And on June 28, PM Modi called for a UCC, days after the Law Commissioninvited
views from all stakeholders on the issue, triggering sharp reactionsfrom Muslim
clerics and India’s political Opposition.

This excluded perhaps only the AAP which,having damaged the Congress greatly in
Delhi and Punjab, has been trying toalso mirror the BJP to be able to become
the BJP’s main challenger. India'spolitical realities have changed so much
since 2014 that the AAP's support fora UCC, though also asking for wide
consultations, has come despite two of itstop leaders being in jail after being
arrested by central agencies oncorruption charges. This is also despite that a
central ordinance has overturneda Supreme Court order and allowed the Modi
government a victory in along-festering battle for who controls bureaucrats
posted to the Delhigovernment.

Having said that, now back to the primary question: can the Modigovernment
bring a Uniform Civil Code? The short answer is, it can, by allmeans. The
Constitution has talked about it, Ambedkar was a votary, the courthas batted
for a UCC and now PM Modi has, for the first time, spoken in favourof
standardising the civil code across the country so openly. The BJP has
thenumbers in the Lok Sabha. In the Rajya Sabha, the situation may not be as
goodfor the ruling party, but "floor management" can see them through asseen in
the past.

UCC supporters see it as a way to ensure gender equality. For example,polygamy
is illegal under the IPC but Muslim men are allowed to have up to fourwives
under sharia Islamic law (however, polygamy also exists in many
tribalcommunities and it will become an issue for the BJP in the middle of a
massivetribal outreach).

But UCC opponents, including some Muslimleaders, see it as a ploy to crush
India’s plurality and secularism by dilutingrights sanctioned under Islam. They
say a UCC will lead to India’s Hinduisationand endanger Muslims and Christians.

Can India have a Uniform Civil Code?

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Can India have a Uniform Civil Code?

PM Modi’s remarks have reignited the Uniform Civil Code debate. But what
exactly is it? And can India have a UCC?
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On Thursday, June 29, 2023 at 07:50:45 AM GMT+1, Albertina Almeida
<[email protected]> wrote:

Thank you for posting this.
Yes, there are matrimonial property rights in Goa, and that incidentally was
the subject of my Ph. D, thesis.
But the problem is how it translates in an unequal patrilocal society. The
matrimonial property rights are also enjoyed by the husband to his wife's share
in her ancestral properties, for which he does no work (usually) like she does
to his assets, given that she moves to his house/2-3 generation house) after
marriage (ghor zanvoi being an exception). So having a law equal across the
genders doesn't mean justice in an unequal patrilocal society.
Because we consider Goa's 'uniform' civil code' as a holy cow, many Goans do
not want to discuss the problems, which lie partly with the content of the law
and partly with its implementation. Most do not even want to plug into the
debate on Uniforn Civil Code, when whatever is the outcome of that is going to
have a bearing on Goans.
Sincerely
Albertina

On Wed, Jun 28, 2023 at 3:30 PM PEDRO MASCARENHAS <[email protected]> wrote:

Do they have it in practice or in theory? The laws shine on the shelves.

Tensing Rodrigues <[email protected]> escreveu no dia quarta, 28/06/2023 à(s)
10:51:

What's so great about it ? Goan housewives have had it for ages.
On Wed, 28 Jun 2023 at 15:18, 'Pedro Mascarenhas' via Goa-Research-Net
<[email protected]> wrote:

AnIndian court's recent verdict that significantly expands the rights
ofhomemakers over their husband's property has been hailed as a positive sign
bywomen's rights advocates.

On 21 June, theMadras high court - in the southern state of Tamil Nadu - passed
a verdict in adomestic dispute case that allowed a housewife equal share in her
husband'sproperty.

Experts say thisis the first time an Indian court has formally recognised the
contribution of ahousewife to the husband's income. They, however, point out
that the verdict isnot binding on other states unless the country's Supreme
Court rules alongsimilar lines in future.

The wife worksfor 24 hours in various roles, including that of a chef, a
"homedoctor" and a "home economist", the court said. In the absenceof the
homemaker's duties, the husband would have to pay for the services theseroles
provided.

"Byperforming these skills, a wife makes the home a comfortable environment
andher contribution towards the family, and certainly it is not a valueless
job,but it is a job doing for 24 hours without holidays, which cannot be
lessequated with that of the job of an earning husband who works only for
8hours," the court noted.
Women's rights lawyer Flavia Agnes called it a"very positive judgement because
it recognises women's domesticlabour".
Madras high court: A new India verdict recognises value of women's work

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Madras high court: A new India verdict recognises value of women's work

The judgement in a domestic dispute case allowed a housewife equal share in her
husband's property.
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Re: [GRN] Yes, Madras ( Chennai) high court and women's rights lawyer Flavia Agnes, are absolutely right

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