Uniform Civil Code: Difference between revisions

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The Hindu code bill failed to control the prevalent gender discrimination. The law on divorce were framed giving both partners equal voice but majority of its implementation involved those initiated by men. Since the Act applied only to Hindus, women from the other communities remained subordinated. For instance, [[Women in Islam|Muslim women]], under the Muslim Personal Law, could not inherit agricultural land.{{sfn|Samaddar|2005|p=56–59}} Nehru accepted that the bill was not complete and perfect, but was cautious about implementing drastic changes which could stir up specific communities. He agreed that it lacked any substantial reforms but felt it was an "outstanding achievement" of his time.{{sfn|Sarkar|Sarkar|2008|p=480–491}} He had a significant role in getting the Hindu Code bill passed and laid down women-equality as an ideal to be pursued in Indian politics, which was eventually accepted by the previous critics of the bill.{{sfn|Sarkar|Sarkar|2008|p=480–491}} Uniform civil code, for him, was a necessity for the whole country but he did not want it to forced upon any community, especially if they were not ready for such a reform. According to him, such a lack of uniformity was preferable since it would be ineffective if implemented. Thus, his vision of family law uniformity was not applied and was added to the Directive principles of the [[Constitution of India|Constitution]].{{sfn|Sarkar|Sarkar|2008|p=480–491}}

The [[Special Marriage Act, 1954]], provides a form of civil marriage to any citizen irrespective of religion, thus permitting any Indian to have their marriage outside the realm of any specific religious personal law.<ref name="Singh1993"/> The law applied to all of India, except [[Jammu and Kashmir (state)|Jammu and Kashmir]]. In many respects, the act was almost identical to the Hindu Marriage Act of 1955, which gives some idea as to how secularised the law regarding Hindus had become. The Special Marriage Act allowed Muslims to marry under it and thereby retain the protections, generally beneficial to Muslim women, that could not be found in the personal law. Under this act polygamy was illegal, and inheritance and succession would be governed by the ''Indian Succession Act'' of 1925, rather than the respective Muslim Personal Law. Divorce also would be governed by the secular law, and maintenance of a divorced wife would be along the lines set down in the civil law.<ref>{{cite web |url=https://indiankanoon.org/doc/4234/ |title=The Special Marriage Act, 1954 |website=indiakanoon.org |language=en |access-date=2020-09-16 |url-status=live |archive-url=https://web.archive.org/web/20200721081233/https://indiankanoon.org/doc/4234/ |archive-date=2020-07-21 }}</ref>

== Significance of Shah Bano case ==