And what about the more common instances these days where husband and wife stay in neither of their ancestral homes since they have left Goa or indeed India.
Don’t both retain their cross rights over each other’s homes and property? Roland. > 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. oland Francis 416-453-3371 > On Jun 29, 2023, at 11:27 PM, Albertina Almeida > <[email protected]> wrote: > > Thank you again Pedro Mascarenhas for sharing this other article 'Can India > have an Uniform Civil Code?' It does warn us effectively about the context in > which this UCC is coming. Therefore all the more reason why we have to plug > in to the discussions, and change the parameters of the discourse. > > Albertina > > On Thu, Jun 29, 2023 at 4:47 PM 'Pedro Mascarenhas' via Goa-Research-Net > <[email protected]> wrote: >> Thank you Albertina >> >> 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? >> >> The Indian Penal Code (IPC) was brought by the British in 1862 to cover all >> substantive aspects of criminal law. The IPC did not apply to matters such >> as marriage, divorce, inheritance, adoption and succession. These were >> governed by personal laws of different religions. >> >> As decades went by, a need was gradually felt for a set of laws to cover >> these matters. In the 1930s, an All India Women’s Conference sought equal >> rights for all women---no matter from which religion---in marriage, divorce, >> inheritance, adoption and succession. >> >> After India became independent in 1947, the Jawahar Lal Nehru government >> accelerated the process to reform religious laws through a common code, but >> only for all Hindus. The idea was to modernise Hindu society and forge >> national unity. However, the term Hindus was soon to be defined expansively >> to also include Jains, Buddhists and Sikhs. >> >> Staying true to his “secular and pluralistic” credentials, Nehru followed >> the British who didn’t usually interfere in the religion-based personal laws >> of other communities, including Muslims, Christians and Parsis, giving them >> some kind of autonomy and protection because of their minority status. But >> it’s also no secret how the British thrived in India through their >> divide-and-rule policy. >> >> Be that as it may, the two competing desires were manifested even when the >> Indian Constitution, which came into effect in 1950, said the State shall >> endeavour to secure for all citizens a Uniform Civil Code (UCC). The idea of >> a UCC referred to laws that apply to everyone in India, replacing >> religion-based personal laws governing matters such as marriage, divorce, >> inheritance, adoption and succession. But the Constitution clarified that >> UCC was non-enforceable through courts. >> >> In the 1950s, the Nehru government passed, following initial resistance, >> several laws to codify and reform Hindu personal laws, a process which was >> started during the British rule of India. The country had many new laws such >> as Hindu Marriage Act, Hindu Succession Act, Hindu Minority and Guardianship >> Act, and Hindu Adoptions and Maintenance Act. >> >> But the demand for a UCC never died down. Nehru’s first Law Minister was BR >> Ambedkar, a man who played a crucial role in drafting the Indian >> Constitution, and who is revered by those championing the causes of >> plurality, secularism and social justice, particularly for the Dalits. Even >> Ambedkar had backed a UCC and faced Muslim opposition. >> >> The courts have been quite clear about a UCC. In the 1985 Shah Bano case, >> the Supreme Court, after two similar orders in the past, batted for a common >> civil code for greater national integration, and said the Muslim Personal >> Laws couldn’t be cited to deny Muslim women maintenance from their husbands >> after divorce. Muslim clerics protested and the Rajiv Gandhi government used >> his parliamentary mandate to overturn the court order through a law. >> >> And on June 28, PM Modi called for a UCC, days after the Law Commission >> invited views from all stakeholders on the issue, triggering sharp reactions >> from 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 to also mirror the BJP to be >> able to become the BJP’s main challenger. India's political realities have >> changed so much since 2014 that the AAP's support for a UCC, though also >> asking for wide consultations, has come despite two of its top leaders being >> in jail after being arrested by central agencies on corruption charges. This >> is also despite that a central ordinance has overturned a Supreme Court >> order and allowed the Modi government a victory in a long-festering battle >> for who controls bureaucrats posted to the Delhi government. >> >> Having said that, now back to the primary question: can the Modi government >> bring a Uniform Civil Code? The short answer is, it can, by all means. The >> Constitution has talked about it, Ambedkar was a votary, the court has >> batted for a UCC and now PM Modi has, for the first time, spoken in favour >> of standardising the civil code across the country so openly. The BJP has >> the numbers in the Lok Sabha. In the Rajya Sabha, the situation may not be >> as good for the ruling party, but "floor management" can see them through as >> seen 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 >> four wives under sharia Islamic law (however, polygamy also exists in many >> tribal communities and it will become an issue for the BJP in the middle of >> a massive tribal outreach). >> >> But UCC opponents, including some Muslim leaders, see it as a ploy to crush >> India’s plurality and secularism by diluting rights sanctioned under Islam. >> They say a UCC will lead to India’s Hinduisation and endanger Muslims and >> Christians. >> >> Can India have a Uniform Civil Code? >> >> >> 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? >> >> >> >> >> >> >> 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. -- You received this message because you are subscribed to the Google Groups "Goa-Research-Net" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. 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