Wednesday, May 18, 2022

Not practical to have a uniform civil code; BJP only brings it up for optics, says legal lights

“It will be interesting to see how a state-based ‘uniform civil code’ deals with the idea of ​​the ‘Hindu undivided family’ as defined in the Income Tax Act and its separate tax treatment and reduced tax liability. How would state-uniform civil codes address such taxes, or would they simply ignore them, instead focus on other easier forms of establishing national unity such as homogeneous marriages and divorces, and staying away from income and fair spending practices? asked Supreme Court Attorney Shahrukh Alam.

The UCC is being proposed in juxtaposition with the Muslim personal law, Alam underlined. By all parties involved. There is no discussion about the impact it would have on Hindu personal law; the imagination of the UCC went no further than a ‘teaser’ aimed at Muslims, which in their part is appropriately provoked every time.

“It would be useful to start a debate with first an idea of ​​what is being proposed and how? What is the statement of objection? Is it again just to save ‘Muslim women’, those with no apparent agency, or would “it sets greatness beyond them and thinks of other inequalities? Is the establishment of ‘uniformity’ only towards religions, and not regions, for example, as we see certain states eager to bring it in,” Alam said.

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BJP governments can say what they want to say, but ultimately there is central legislation on all these points, Hegde maintained. As such, there is certainly conflict.

“And unless the state legislation is approved by the Center, it cannot prevail. Are they going to replace all these different laws with one comprehensive legislation and then say that the Central legislation is not triumphing in their state? I would say a state that tries to do this is riddled with problems, “Hegde added.

No one knows anything about UCC, nor was there any public consultation on what the UCC is going to look like. “Without specific details of what the Uttarakhand CM intended, it is difficult or impossible to comment on this. This is just politics. There are no skeleton details of Uniform Civil Code. There is nothing about which areas it will address. Will it be in conflict with what already exists? ” interviewed Rajeev Dhavan, senior Supreme Court attorney.

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Several people have argued that Goa has a common civil code. Goa followed the Portuguese Civil Code, 1867. After the Portuguese rule, the code survived under Section 5 (1) of the Goa, Daman and Diu Administration Act, 1962. This means that the Hindu Marriage Act, 1955 and Hindu Succession Act, 1956 or Indian Succession Act, 1925 or Shariat (Application) Act, 1937, can not be enforced in the state.

Nation World News Desk
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