While the law commission in its report equates triple talaq with evil acts like Sati and Devdasi, it advocates making the procedure of divorce easy and simple. The report says that easy divorce will help maintain the healthy perception of marriage. It will also save time and money of the couple and the children. Interestingly, the same logic was given by All India Muslim Personal Law Board in favour of Triple Talaq.
Our Correspondent / New Delhi
In a major blow to the Narendra Modi government at Centre, the Law Commission said that Uniform Civil Code (UCC) is neither necessary nor desirable at this stage.
The Commission, led by former Supreme Court judge Justice B.S. Chauhan, In a 185-page consultation paper, said “cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation”.
In its report on Uniform Civil Code and reforms in personal laws of all religion which was released today, the Law Commission observed that 1. Uniform Civil Code UCC is neither necessary nor desirable at this stage. 2. Current personal laws need reforms. Need to maintain harmony between religious customs and fundamental rights.
3. On Triple Talaq (TT) it said that it is outlawed by SC. It has no effect on marriage. Unilateral divorce should be punished by fine or punishment under Domestic Violence Act, cruelty on women, and section 498 of IPC. The report does not talk of any special law to deal with Triple Talaq. However the report compares TT with Sati, slavery, Devdasi and dowry. TT is neither in sync with religious edict nor with fundamental rights.
4. It observed that Muslim marriage and Nikahnama – Contractual marriage as practiced among Muslims is beneficial for women if the contract is genuinely negotiated and agreed by parties.
The report talks of considering the model Nikahnama of All India Muslim Personal Law Board and one shown in the book Marriage and Divorce in India written by Zeenat Shaukat Ali.
5-On Polygamy — Law Commission found that it is rare among Muslims. It is practiced more among people of other religion who convert to Islam to do polygamy.
Many Muslim countries have strict law for bigamy. Pakistan has a provision in which consent of first wife is mandatory to marry again. Without consent of first wife, second marriage is a crime.
The Commission suggested that Nikahnama should mention that polygamy is a crime. However, the Commission is not recommended this because the matter is pending in SC.
6. Law Commission recommended that Parliament should enact special secular law for illegitimate children of all religion. These children should get equal rights of inheritance in the acquired property of parents.
7. Law Commission also wants changes in Special Marriage Act 1954. There is a 30 day mandatory notice period given to parents of the marrying couple before the marriage is legalised. Law Commission recommends that this 30 day clause should be removed or protection should be given to the couple.
The 30 day period is misused by the parents who are opposed to the inter-religious or inter-community marriage. It also promotes conversion where people convert just to marry.
In consultation paper, the Commission also said secularism cannot contradict the plurality prevalent in the country.
A unified nation did not necessarily need to have “uniformity”. ”Efforts have to be made to reconcile our diversity with universal and indisputable arguments on human rights,” the Commission said. Difference did not always imply discrimination in a robust democracy, the government’s topmost law advisory body said.
Consultation Paper on Reform of Family Law