On Sevaji's favorite topic - from another forum

[Hellsangel]

Why should there be an Uniform Civil Code in a multi-cultural or multi-religious society? If there should be, how should it be devised?

Are we going to follow a Patriarchial System or Matriarchial System or Westernised Individualistic system for property rights? Why should Indians give up their cultural values to have the Western Culture imposed on them as Uniform Civil Code? In a patriarchial system, why should the women get any property rights or the other way in matriarchial system? In the Westernised Individualistic system, why should there be inheritance at all?

Should there be any divorce at all? Why cannot we have the marriage vow, "till death do us part" legally enforceable? Except Islam, I am not aware of any religion that allows a divorce. (Protestant, as the name implies is not a religion but a group that protested against Catholiscism).

If the divorce can allowed, why pick on triple talaq as a process?

Why should impotence be a disqualification and be an acceptable excuse for divorce, if same-sex marriages, that cannot deliver a child, be allowed?

If the two individuals can marry and file separate tax returns, why should one be entitled to alimony in case of divorce? Should the tax system recognize couples as a single unit? Do we make alimony gender neutral as in Western World? Can we have pre-nuptial agreements that waive this right? Or do we make those pre-nups illegal?

Can we change the law to make the property titles absolute as in the western world? Why should we have family wealth if we decide to follow individualism? Why cannot the father sell the grand-fathers property if he has adult sons without their consent?

And, even if you have a referendum to decide what should be the Uniform Civil Code, does it mean that the majority will can be imposed on minority?

I can go on and explain why these things cannot be logically resolved. It is best to leave them to the community based civil code.

[Seva Lamberdar]

HA-ji, please check out the following blog on this topic (UCC).

"Comments and questions on secularism and UCC in India" ...
http://creative.sulekha.com/comments-and-questions-on-secularism-and-ucc-in-india_519217_blog

[Idéfix]

CD posted this a while ago... A thought provoking piece on the evolution of Indian law ttowards greater uniformity.

http://www.germanlawjournal.com/index.php?pageID=11&artID=930

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