Will Muslims have to do Nikah by taking rounds of fire?: Will not be able to do 4 marriages, preparations are being made to increase the marriageable age of the girl from 18 to 21

Uniform Civil Code (UCC) is in discussion these days. The debate over whether it should be implemented is fierce. It is believed that now there will be fast work in the direction of implementing the Uniform Civil Code. The Law Commission has also sought suggestions from across the country for this. How important the issue is, it can be gauged from the fact that till now more than 50 lakh suggestions have been received. The Law Commission has given time till July 14 to give suggestions on the UCC.

Here, many questions are being raised regarding this even before the UCC is implemented?

Regarding many such questions, Bhaskar talked to the expert and tried to know that how will be the structure of UCC, which class will be affected, who will be affected, what will be the effect on states like Rajasthan and when the Uniform Civil Code will be ready. ?

First of all the truth of those claims which are being spread about UCC

Claim: Nikah by taking rounds of fire, instead of burying the dead bodies will have to be burnt

Various claims regarding UCC are being made on social media. Like- Muslims also have to do Nikah by taking rounds of fire. Dead bodies will have to be burnt instead of buried. Restriction on keeping beard and wearing kurta-pajama. Christians will also have to change the way of marriage.

Truth: There is no effect on the religious beliefs, dress or worship of any religion.

Experts said that due to the implementation of UCC, there will be no impact on the religious beliefs, dress or worship of any religion. There will be no objection in wearing both burqa and gown. UCC does not mean that the rituals and customs of all religions will become the same. Its simple meaning is that in cases like theft, dacoity, robbery, murder or rape, one law applies to all. In the same way, one law will apply to all for marriage, divorce, rights over property, its partition, guardianship, adoption, alimony, etc.

Now let’s look at the major changes that will happen due to the implementation of UCC.

child marriage : The laws that have been made regarding child marriage will continue to work in the same way. The Child Marriage Act will continue to function. It will be advocated for its more vigorous implementation.

Tribal Community: The UCC will not interfere with the tribal community and their practices. Experts tell that the protection that tribals have in the constitution. They will be kept as they are. Will keep the protection of all tribes intact. Tribals will be exempted from UCC laws. Their practices will not be affected by the UCC in any way. However, it will be their free will whether they want to adopt the practice of UCC or not. Article 371 of the Constitution will not be tampered with. Arguments have also been put forward regarding this that tribals have progressive practices, their traditions are of progressive thoughts, in such a situation there is no need to disturb them.

Woman Guardianship: Guardianship rights will be strengthened for women of all religions. There is a possibility that to the extent that women currently get the right of guardianship, they should get equal rights with men. It will be a big step from the point of view of guardianship. Women will get equal rights in guardianship and adoption.

More than one wife: Sources say that polygamy or polygamy will be completely banned in the UCC. It may be due to any religion or practice, but it will be banned. Experts argue that more than 50 countries have banned polygamy. How can India remain backward in such a situation?

Women have equal rights in property: What Hindu women are getting now, women of other religions will also get. Wherever equal rights are not given in the ancestral land, equal rights will start there.

Live-in : UCC will not take concept like live in. Live-in will not be given any legal cover. Till now this issue has not been taken into consideration. Live in will not be considered valid.

Marriage Age: The age of marriage can be changed for all communities. In this, the age of men will remain 21 only. But the age of women can be increased from 18 to 21. At the same time, registration of marriage will be necessary as at present. A draft can be prepared to make it more strict and sure.

Widow Marriage: According to the laws that are in place for the marriage of widows or divorcees, the same laws will be valid for everyone in the UCC as well. Widow or divorced women will be able to marry.

North-East : North East States will continue to be governed by their practice even after UCC. They will continue to get constitutional protection, Article 371 will remain unchanged. He will not be tampered with. Your beliefs will not be disturbed there.

Goa: Broadly speaking, the UCC will adopt the Portugues (Portuguese) model of Goa, but in a new direction.

State : The states will not have any right in this. They will not be able to do whatever they want. The state will not be able to do anything on its own. The laws to be decided under the UCC will have to be followed by all the states throughout the country. The states which have special constitutional protection will continue to get it.

The rights of tribals will not be tampered with, but problems will come on polygamy

Nata Pratha is a very important tradition in tribal society. In these, a female can live with more than one male and a male can live with more than one female. This practice is somewhat similar to live in. Experts point out that UCC will not be tampered with due to the constitutional protection that tribals have got, but the way registration of marriages will be mandatory, if it comes to more than one husband or wife, then many government jobs including other restrictions will be imposed. may have to face. The Law Commission is more inclined towards ending the issue related to tribals through awareness rather than law. Sources say that awareness is gradually increasing among the tribals. Those who are coming in government services, they themselves understand everything very well.

What will be the process of UCC

The draft of the UCC is being prepared by the Law Commission of India. At present, suggestions have been sought from across the country by the Law Commission to implement the UCC. These suggestions will be received by the Law Commission from different sections and parts of the country by July 14. After this, the commission will look into these suggestions. Meetings will be held on the basis of suggestions. There will be all important categories of people including stakeholders, religious leaders, intellectuals. They will be discussed. After this its draft will be prepared and sent to the government. The government will then make it a law by presenting it in the form of a bill in the Lok Sabha, Rajya Sabha in its own way.

why is it needed

There is a preparation to make it to bring equality regarding personal lodge in the country. It was mentioned in Article 44 of the Constitution. In this, Uniform Civil Code was talked about for Indian citizens. Experts point out that the way there is inequality with women in many communities. Removing that inequality, it will be brought to strengthen half of the country’s population economically, socially, and educationally. There will be uniformity in the rules related to personal lodge. Experts say that the UCC will not force any person to do anything religiously. Its purpose will be to bring uniformity only in the laws related to women. No one’s religious beliefs will be tampered with.

Who is preparing the draft of UCC

The draft of the UCC is being prepared by the Law Commission of the country. Especially Justice Rituraj Awasthi, Chairman of the Law Commission, Justice KT Sankaran, Member of the Law Commission and Professor Anand Paliwal are preparing. Apart from these, other temporary members and experts associated with the Law Commission are included.

Which laws will be affected by UCC

Experts say that UCC will not disturb Criminal Law, Administration Law, Governance Law and Land Law. At present, the things that are being talked about to be included in the UCC, UCC has been restricted to personal law only. In such a situation, personal lodges related to all communities and practices will be included in this. However, even among those who have constitutional protection, they will not be disturbed.

How will UCC affect Rajasthan?

According to the experts associated with UCC, the practices and beliefs of Rajasthan are not so special that it has a special impact on Rajasthan. If we talk about evils or illegal beliefs, then Rajasthan is most affected by child marriage. Many strict laws have already been made regarding child marriage. But they are not nurtured and child marriages are arranged secretly. There will be no significant change regarding child marriage in UCC. However, strictness can be emphasized regarding its cradle.

Another aspect related to Rajasthan is about early marriages here. This problem is present in many states of North and North-Western India including Rajasthan. If the age of marriage of women in UCC is increased from 18 to 21 years, then its effect can be seen on Rajasthan. There are many societies in Rajasthan where girls are married off at an early age. In such a situation, if it is implemented, then its effect will be seen on these societies.

The practices of the tribals will also remain the same

The southern part of Rajasthan has a large tribal population. There is tribal population in the western part. In such a situation, this class has a big interference in Rajasthan. The tribals have many customs of their own, including customs like Nata Pratha. Indirectly the live-in tradition is also followed in the tribal community. There were also discussions about the change in the beliefs of the tribals, but UCC experts say that these beliefs will not be disturbed. The protection they have got from the constitution will continue to be given to them.

effect on women, no significant effect on men

UCC experts say that in the first phase, UCC is largely focused on the empowerment of women and their equality. Special attention is being given to make women strong and strong. No matter what community they belong to. There will be no tampering with the religious beliefs of women, their dress. They will only be brought under the ambit of laws that strengthen them economically, socially and educationally.

What will be the effect on the politics of Rajasthan?

Political experts believe that after Article-370 and Ram Mandir, the Uniform Civil Code is a promise made by the Modi government, which it has not been able to fulfill till now. In such a situation, before the 2024 Lok Sabha elections, the central government wants to bring UCC. However, now its first phase will come in a very limited way. But it may take time to arrive. In such a situation, it will not have much impact on the assembly elections to be held in Rajasthan this year. Although it can have an impact in the Lok Sabha elections. Also, it does not directly challenge any belief or practice of Rajasthan, in such a situation, there is no significant benefit or loss to any party politically.