UCC - Impact on Various Religions

 CHRISTIANITY. UCC will impact Christian personal law such as inheritance, adoption, and succession, but it is the aspect of marriage and the non-recognition of divorce by the Catholic Church which will need more consideration.30-Jun-2023

Is UCC good for Christianity?

Generally, Indian Christians are not affected by UCC. Almost all customs are in line with UCC; since UCC is in line with Euorpean / Western thinking. All other Faiths, including some Hindu customs will be affected, a good example is inheritance.

How a Uniform Civil Code will impact religions, their personal laws | Explained

A Uniform Civil Code (UCC) is intended to replace personal laws and bring out one common law applicable to people of all faiths. If a UCC is enforced, it would be able to fix the minimum legal age for marriage, abolish bigamy and resolve issues around interfaith marriages.

Listen to Story

Share

ADVERTISEMENT

If UCC is enforced, it would be able to fix the minimum legal age for marriage, abolish bigamy and resolve issues around interfaith marriages (Photo: Tanmoy Chakraborty)

Kanu Sarda

Kanu Sarda

UPDATED: Jun 30, 2023 11:52 IST

Prime Minister Narendra Modi, batting for the creation of a Uniform Civil Code (UCC), has once again opened the floodgates for debates among religions as to how it will impact their personal laws. The main aim of UCC would be to streamline present laws related to marriage, divorce, adoption, inheritance, succession, and guardianship.

If a UCC is enforced, it would be able to fix the minimum legal age for marriage, abolish bigamy and resolve issues around interfaith marriages.

ADVERTISEMENT

According to Article 44 of the Indian constitution, the state shall endeavour to secure a Uniform Civil Code for the citizens throughout the territory of India.

With many religions following their own personal laws which govern inter-personal relations and related issues, the UCC is intended to replace these personal laws and bring out one common law applicable to all. India Today looks at how different religions and their personal laws will be impacted if UCC is enforced.

HINDUISM

If the UCC is introduced existing laws like the Hindu Marriage Act (1955), the Hindu Succession Act (1956) would have to be amended.

For example, Section 2(2) of the Hindu Marriage Act says its provisions will not apply to the Scheduled Tribes. Sections 5(5) and 7 of the law state that customary practices will override the provisions. But UCC won't allow all these exceptions.

ISLAM

The Muslim Personal (Shariat) Application Act, 1937, states that Shariat or Islamic law will guide marriage, divorce, and maintenance. If the UCC comes in, then the minimum age of marriage under the Shariat law would be changed and polygamy could be abolished.

SIKHS

Marriage laws that govern the Sikh are covered by the Anand Marriage Act of 1909. However, there is no provision for divorce.

Sikh separations are then governed by the Hindu Marriage Act, but if UCC is introduced, a common law is likely to apply to all communities and marriages registered under the Anand Act.

PARSI

Under the Parsi Marriage and Divorce Act, 1936, any woman who marries someone from another religion loses all rights to Parsi rituals and customs, but if UCC comes, this provision will be abolished.

Parsis do not recognise the rights of adoptive daughters, while an adopted son can only perform the last rites of the father. So, if the UCC is introduced, then the guardianship and custody laws for all religions will be common and this will go.

CHRISTIANITY

UCC will impact Christian personal law such as inheritance, adoption, and succession, but it is the aspect of marriage and the non-recognition of divorce by the Catholic Church which will need more consideration.

Section 10A(1) of the Christian Divorce Law makes the separation period of two years mandatory for any couple to get a mutual divorce, but if UCC comes in, this would be universal.

The Succession Act of 1925 gives Christian mothers no right in the property of their deceased kids. All such property is to be inherited by the father. This provision would also be abolished if UCC comes in.

marriage, divorce, inheritance, adoption and succession.

difference between inheritance  and succession

The difference between succession and inheritance is a common one; succession refers to the subsequent heir to the preceding heir or the deceased individual, while inheritance refers to someone who acquires the interest.17-Oct-2022