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Topic: Uniform civil code


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Law

In the News (Tue 22 Dec 09)

  
  Civil code - Wikipedia, the free encyclopedia
The first civil code promulgated in America was that of Louisiana of 1804, inspired by the 1800 project of the French civil code, known as the Projet de l'an VIII (project of the 8th year); nevertheless, in 1808 a Digeste de la loi civile was sanctioned.
Chile promulgated its civil code in 1855, an original work in confront with the French code both for the scheme and for the contents (similar to the Castillan law in force in that territory) that was written by Andrés Bello (begun in 1833).
Paraguay adopted the Argentine code in 1876, and in 1877 Guatemala adopted the Peruvian code of 1852.
en.wikipedia.org /wiki/Civil_code   (1368 words)

  
 Uniform Civil Code - Author - Gauri Kulkarni - 4th year law- Symbiosis Societys law college - Pune
Politically, the nation is divided as BJP, which propagates implementation of the Uniform Civil Code (hereinafter referred to as the UCC) and the non BJP including the Congress party, Samajwadi party, who are against the implementation of the UCC.
The Goa Civil Code collectively called Family Laws, was framed and enforced by the Portuguese colonial rulers through various legislations in the 19th and 20th centuries.
The philosophy behind the Portuguese Civil Code was to strengthen the family as the backbone of society by inculcating a spirit of tolerance between husband and wife and providing for inbuilt safeguard against injustice by one spouse against the other.
www.legalserviceindia.com /articles/ucc.htm   (3046 words)

  
 What's a uniform civil code?
The term civil code is used to cover the entire body of laws governing rights relating to property and otherwise in personal matters like marriage, divorce, maintenance, adoption and inheritance.
The demand for a uniform civil code essentially means unifying all these “personal laws” to have one set of secular laws dealing with these aspects that will apply to all citizens of India irrespective of the community they belong to.
Though the exact contours of such a uniform code have not been spelt out, it should presumably incorporate the most modern and progressive aspects of all existing personal laws while discarding those which are retrograde.
www.hvk.org /articles/0703/227.html   (682 words)

  
 The Telegraph - Calcutta : Opinion
A uniform civil code, if it comes into practice, has to ensure that this basic injustice is not written into it.
Uniformity in law is important, but it should not come by a court order.
But the Bharatiya Janata Party, having hurriedly taken up the civil code mantle, does not realize that a injudicious implementation of such a body of law will even more detrimental for Hindus, whose umpteen sects have their own laws to govern them.
www.telegraphindia.com /1030905/asp/opinion/story_2332415.asp   (648 words)

  
 Uniform civil code
One twist in current state of democracy in India is that Consitution dictates uniform civil code must be implemented.
So implementing Uniform Civil code is just a one step to bridging the divide between the different religions that exist in the mind of people of India.
Posted by: munmun on August 4, 2003 11:23 PM UCC is essential to the country like India, where diffent religious people live together but very few community taking advantage of political play in the name of religion and causing major problem in the country which doesn't have meaning and use to any community.
vsbabu.org /mt/archives/2003/06/16/uniform_civil_code.html   (2012 words)

  
 Uniform Civil Code- A Reflection
They were strongly of the view that uniform civil code should be guaranteed to the Bhartiya people with in a period of five to ten years.
The Criminal Procedure Code, 1882 replaced by the cod e of Criminal Procedure 1898 provided for a uniform law of procedure for the whole of India which also provided under section 125 (488 old) for maintenance to a wife, including a divorced wife, unable to maintain herself.
The Judges said that an uniform civil code was imperative, both for protection of the oppressed and promotion of national unity and solidarity.
www.hvk.org /articles/0900/124.html   (1847 words)

  
 Uniform Civil Code for India: Debate
The visionaries of the constitution did not specify a deadline for a secular civil code, because each community would need to take their own paths to this code, taking into account all the different jurisprudences that are prevalent in the country.
Goa, she points out, has some good elements in the civil code (no triple talaq, no polygamy), but exceptions are reprehensible (bigamy permitted if first wife has no male issue, matrimonial property managed by daughter's husband).
As for the United States, Muslims there follow the same code, but even in their code, Quakers can marry as many wives as they want, and this is permitted because it was a special group in the US and they needed a special law.
www.cse.iitk.ac.in /~amit/other/debate0503.html   (2173 words)

  
 Online edition of Daily News - World   (Site not responding. Last check: 2007-10-14)
A common civil code would help the "cause of national integration by removing the contradictions based on ideologies," the chief justice, who was part of a three-judge bench, told the court.
The court pointed out there was already a legal provision for a uniform civil code in India but said it was "a matter of deep regret" that it had not been enacted.
The issue of a common civil code for all Indians is deeply sensitive and controversial and has always divided the population along religious lines in the secular state, where Hindus form the majority.
www.dailynews.lk /2003/07/26/wor01.html   (577 words)

  
 Centre for Civil Society
The judicial observation is particularly inopportune since its public knowledge that BJP was always strongly in favour of a Common Civil Code but that it was required to keep the matter on the back burner since it was unable to carry its National Democratic allies with it on the subject.
The question of the Common Civil Code came for deliberation in the Women's Conference of the Shetkari Sanghatana at Chandvad (Dist. Nashik in Maharashtra) in November 1986.
It had made a concrete proposal for an alternative 'National Civil Code' that would be consistent with principles of equity and justice but would give the conscientious objectors to continue in their respective religious systems.
www.ccsindia.org /people_sj_commoncivilcode.asp   (1027 words)

  
 Events: Law; Governed as one; Aug 10, 2003. The Week   (Site not responding. Last check: 2007-10-14)
A case for a uniform civil code was made more famously in March 1985 when the Supreme Court ruled that septuagenarian Shah Bano was entitled to alimony in a divorce case.
I suggest that strident advocates for a uniform civil code put on their thinking caps and come out with simple innovative means of easing the plight of the uneducated, economically backward, silently suffering Muslim woman.
It would be wise to put the debate on the uniform civil code in cold storage for now and zero in on education for all, if we have the interest of the nation in mind.
www.the-week.com /23aug10/events5.htm   (1543 words)

  
 GOANEWS - BY SANDESH PRABHUDESAI
He seemed to be fascinated with a provision, penalising the civil registrar if any marriage is registered in contravention of the provisions of the civil code.
THE PORTUGUESE CIVIL CODE IN GOA (Excerpts from a research by Dr Nishtha Desai) In Goa, the Codigo Civil Portugues or the Portuguese Civil Code (PCC), operational from 1870 with subsequent modifications, is based on Napoleon's French Civil Code.
The code of civil registration according to which the registration of all births, deaths and marriages is compulsory, has always been an integral part of the PCC.
www.goanews.com /23may97.htm   (1115 words)

  
 Left & Uniform Civil Code
Uniform civil code must not be opposed at any cost that’s my view….how can a Communist party support different civil codes on the basis of quantity of religion.
For all of them to accept a common code, it is necessary to create the atmosphere and ambience where all minorities -- religious or otherwise -- have the confidence that their traditions, customs etc are not only safeguarded but allowed to flourish.
The campaign for a uniform civil code spearheaded by the Hindu communalists, far from generating the needed environment for the movement towards a common code, on the contrary, creates a great sense of insecurity amongst the religious minorities.
pd.cpim.org /2003/1019/10192003_thinking.htm   (907 words)

  
 The Hindu : Who's afraid of a uniform civil code?
A uniform civil code is, therefore, foremost a matter of gender justice.
Therefore, quite apart from legislating an optional uniform civil code, it is necessary to codify and reform the many prevailing personal laws to bring them in line with the values and principles of the Constitution and the realities of contemporary social life.
A uniform civil code should not be constructed, as sometimes suggested, by putting together the best elements from various existing personal codes.
www.hindu.com /thehindu/2003/08/13/stories/2003081300341000.htm   (1354 words)

  
 Chapter 8: Personal Laws | Indian National Social Action Forum Manual
Against the communal demand of the forces like the RSS for a Uniform Civil Code, any debate on the reform of personal laws and gender justice is projected as a challenge and a threat to their tenous security by the Muslim fundamentalists.
In de-communalising [You may wish to consider how important it is to democratise society for achieving this and also for building a consensus on Uniform Civil Code] these demands the need is also to expose the various misconceptions and stratagems of the communal forces on these issues.
Uniform Civil Code, The Secularist, # 154, Pune, 1995
www.sacw.net /i_aii/ch8.html   (1489 words)

  
 Nilacharal - A Tamil entertainment ezine presenting interesting contents and useful services
As such the issue of Uniform civil code was raised in the beginning by the women's movement in its quest for gender justice.
As such the civil code relates more to the laws of inheritance of property, divorce and custody of children.
While BJP will try its best to use this handle of Uniform code, it is imperative that democratic movement works for a riot free India, a harmonious atmosphere where communities feel secure and thereby strive for progress and justice.
www.nilacharal.com /news/view/v117.html   (1120 words)

  
 India-Today's editorial on Uniform Civil Code   (Site not responding. Last check: 2007-10-14)
Subject: India-Today's editorial on Uniform Civil Code A VERY TIMEL REMINDER India-Today, May 31, 1995 The Supreme Court's directive to the Government that it should enact a uniform civil code is an example of judicial activism deserving of the highest plaudits.
The court's emphasis on the need for a uniform civil code that would supercede personal law followed its nullification of the second marriages of four men whose wives had sued after falling victim to this practice.
Article 44 of the Constitution says: "The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India." This is one of the Directive Principles of State Policy required to be applied by the state while making laws....
www.hindunet.org /alt_hindu/1995_Jun_1/msg00050.html   (891 words)

  
 Uniform civil code   (Site not responding. Last check: 2007-10-14)
Uniform civil code is a term originating from the of a civil law code.
Usage of this term is prevalent in India where the Constitution of India lays down the administration of a civil code for its citizens as a Principle.
There are other sets of laws to with criminal and commercial cases like the criminal code and the commercial code.
www.freeglossary.com /Uniform_Civil_Code   (238 words)

  
 Uniform civil code - Wikipedia, the free encyclopedia
Uniform civil code is a term originating from the concept of a civil law code.
Those in favour of a secular Uniform Civil Code are the Bharatiya Janata Party, the Rashtriya Swayamsevak Sangh and the Vishwa Hindu Parishad.
The Hindu Code Bills were a series of legislations aimed at thoroughly secularizing the Hindu community and bringing its laws up to modern times, which in essence meant the abolishment of Hindu law and the enactment of laws based on western lines enshrining equality of men and women and other progressive ideas.
en.wikipedia.org /wiki/Uniform_Civil_Code   (7707 words)

  
 The Hindu : Uniform civil code & national integration
Assuming a common code is possible, the competence of the Law Commission to frame such a code can be questioned on the basis of it not being represented by members from the minority communities who are also acknowledged experts in their respective personal laws.
The talk of a uniform civil code, in the absence of uniformity in most of the other laws prevailing in the country, is absurd.
It may be surprising to know that even the Criminal Procedure Code and the Civil Procedure Code are not uniform throughout the country as they have been amended and modified by various State Governments.
www.hinduonnet.com /thehindu/op/2003/08/19/stories/2003081900050200.htm   (753 words)

  
 Online NewsHour Forum: Forum Title -- The Indian Elections -- March 20, 1998
A uniform civil code is an anti-minorities measure if it is imposed upon the minorities, but not if the minorities themselves want it.
A state-mandated criminal code for all is a necessity in modern societies, but not a state-mandated civil code.
The BJP support for a uniform civil law is that it all citizens, under the Indian constitution are equal, but that providing for personal civil law defined in terms of religious community, denies the equality of all Indian citizens.
www.pbs.org /newshour/forum/march98/india2.html   (803 words)

  
 The Hindu Business Line : Succession and secularism: Will a common civil code help?
The obiter dicta on the requirement for a uniform civil code is that there is no necessary connection between religion and personal law in a civilised society.
Debates have included impediments to a uniform civil code; putative consensus within the dominant community, which will have to be cobbled together with others; and references to `secularism as enshrined in the Constitution'.
However illustration (vii) under the code explains: A being in such a state of health as to be capable of exercising his own judgment and volition, B uses urgent intercession and persuasion with him to induce him to make a will of a certain purport.
www.blonnet.com /2003/11/21/stories/2003112100020900.htm   (1656 words)

  
 Debating India - Ambedkar And The Uniform Civil Code   (Site not responding. Last check: 2007-10-14)
In 1948, Nehru entrusted the drafting of the new code to a sub-committee of the Assembly and nominated Ambedkar as its head.
The latter got written in it fundamental principles such as equality between men and women on the question of property and the necessity of justifying concretely a petition for divorce - a procedure which belonged too often until then to a case of a repudiation of the wife by her husband.
Jawaharlal Nehru was attached to this code in which he saw, quite as Ambedkar, one of the corner stones of the modernization of India.
india.eu.org /276.html   (864 words)

  
 Uniform civil code: Interact Inn All India Mailing List
Dear Ryan, A Civil Code that will have same uniform irrespective of caste, creed and religion and that what BJP means Uniform Civil Code.
My purpose for mentioning in that fashion is in a way that let us not talk of Uniform Civil Code at this hour taking in to consideration the circumstances the country is passing through.
That is why i can say an uniform civil code is necessary in order to keep this multi-religion diverse wonderful country of ours united.
www.manaskriti.com /InteractInn/20099901.html   (2095 words)

  
 SurfWax: News, Reviews and Articles On Civil Code
As part of the draft civil code, the property bill was submitted to the NPC Standing Committee for the first review in 2002 and withdrawn from the NPC full session last March amid worries that the draft, the country's first specific law to protect private ownership, might undermine the legal foundation of China's socialist system.
Mariela told me that her legal team was preparing a brief that proposed specific changes in the penal and civil code; for example, transsexuals who had had sex-change operations would be able to marry and to enjoy the same inheritance and pension rights as heterosexual spouses.
Calling for the introduction of the Uniform Civil Code (UCC), and the construction of the Ram Temple at Ayodhya, she said that these issues had remained on the BJP agenda since 1980, but the party didnt have the courage to fulfil the promises made before the public.
www.lawkt.com /files/Civil_Code.html   (4612 words)

  
 Rajnath for uniform civil code
In an indication that BJP under him was keen on regaining its 'Hindutva' moorings, party president Rajnath Singh today made a pitch for a debate in Parliament and outside to evolve a consensus on the issue of uniform civil code.
"The former Chief Justice of Supreme Court V N Khare had observed that enforcement of a uniform civil code will help the cause of removing contradictions based on ideology," the BJP president said adding a uniform civil code was in force in Goa since the Portuguese rule and nobody was complaining.
In 1972, the then union law minister H R Gokhale and later even the President of the country had strongly supported a uniform civil code.
www.bihareebabu.com /060415_rajnath.htm   (204 words)

  
 Debating India - Uniform Civil Code: SC lays down the line   (Site not responding. Last check: 2007-10-14)
These observations were made by a three-judge Bench headed by Chief Justice V N Khare while striking down as unconstitutional Section 118 of the Indian Succession Act which discriminates against Christians by imposing restrictions on their donation by will property for religious and charitable purposes.
The other two Judges of the Bench, Justice S B Sinha and Justice A R Lakshmanan, in their separate judgements, concurred with the Chief Justice’s judgment striking down Section 118 and indicating the desirability of a common civil code.
Justice Lakshmanan said that there was no justification for retaining Section 118 in the statute book since the Mortman statutes were repealed by the UK Charities Act 1960 and the very basis of the impugned provision had become non-existent.
india.eu.org /190.html   (548 words)

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