Religion and law

Allow gay marriages, give couples police protection if needed, suggests draft Uniform Civil Code

The civil society proposal includes rules on marriage, divorce, child custody and inheritance ‘in line with globally accepted values of human rights’.

Gay marriages should be allowed regardless of religious rules, and authorities may provide police protection to such couples if needed, a draft proposal for the Uniform Civil Code has suggested. The draft was signed by a group of civil society members and submitted to the Law Commission on Wednesday.

In July 2016, the Centre had asked the panel to examine the possibility of a Uniform Civil Code and submit a report. The chairman of the Law Commission, Justice BS Chauhan, had invited public comments and issued a questionnaire last October.

The draft submitted on Wednesday said that personal laws on marriage, divorce, child custody and inheritance are “not always equitable and fair and do discriminate on the grounds of sex, gender and sexuality”. The draft code has proposed rules on these issues “in line with globally accepted values of human rights”.

Here are some of the recommendations in the draft proposal for the Uniform Civil Code:

  • The sexual orientation of a married couple or a couple living in a partnership will not be a bar to their right to adopt a child.
  • No non-judicial decree on divorce will have any effect on a couple wanting to leave a marriage through legal means.
  • While determining the best interest of a child in case of divorce, the religion or sexual orientation of a parent must not be relevant.
  • Every child, whether adopted or biological, will have equal share in a deceased parent’s property, irrespective of gender, religion or sexual orientation.
  • If this code comes into effect, the concept of Hindu Undivided Family will cease to legally exist, and all properties held by such families will be considered divided equally among those involved.
  • All other personal laws shall be repealed.

The draft was written by lawyer Dushyant (who goes by only one name) and signed by activist Bezwada Wilson, actor Gul Panag, journalist Nilanjana Roy, retired Major General S Vombetkere, historians Mukul Kesavan and S Irfan Habib and vocalist TM Krishna.

Article 44 of the Indian Constitution recommends that the state “shall endeavour to secure for citizens a Uniform Civil Code throughout the territory of India”.

The Uniform Civil Code has been a contentious subject for a long time. The Bharatiya Janata Party had said in its manifesto for the 2014 Lok Sabha elections that it would bring in such a code. However, opponents have said that such a move would undermine the rights of religious minorities.

We welcome your comments at letters@scroll.in.
Sponsored Content BY 

When house hunting is as easy as shopping for groceries

The supermarket experience comes to a sector where you least expected it.

The woes of a house hunter in India are many. The dreary process starts with circling classifieds in newspapers and collecting shiny brochures. You flip through the proposed and ready designs that launch a hundred daydreams on the spot. So far so good. But, every house hunter would attest to the soul-crushing experience of checking out a disappointing property.

The kitchen of a 2BHK is carved from the corner of the hall, the 3BHK is a converted 2BHK, the building looks much older than in the pictures…. after months of reading the fine line, and between the lines, you feel like all the diagrams and highlights seem to blur into each other.

After much mental stress, if you do manage to zero in on a decent property, there’s a whole new world of knowledge to be navigated - home loans to be sifted through, taxes to be sorted and a finance degree to be earned for understanding it all.

Do you wish a real estate platform would address all your woes? Like a supermarket, where your every need (and want) is catered to? Imagine all your property choices nicely lined up and arranged with neat labels and offers. Imagine being able to compare all your choices side by side. Imagine viewing verfied listings and knowing what you see is what you get. Imagine having other buyers and experts guiding you along every step while you make one of the most important investments in your life. Imagine...

MagicBricks has made every Indian house hunters’ daydream of a simplified real estate supermarket a reality. Now you have more than a pile of brochures at your disposal as the online real estate marketplace brings you lakhs of choices to your fingertips. Instead of bookmarking pages, you can narrow down your choices by area, budget, house type etc. Just so you aren’t hit by FOMO, you can always add a suburb you’ve been eyeing or an extra bedroom to your filter. But there’s more to a house than just floor space. On MagicBricks, you can check for good schools in the vicinity, a park for evening walks or at least an assured easier commute. Save time and energy by vetting properties based on the specs, pictures and floor plans uploaded and have all your niggling concerns addressed on the users’ forum.

Shortlisted a property? Great! No need to descend down another spiral of anxiety. Get help from reliable experts on MagicBricks on matters of legalities, home loans, investment, property worth etc. You can even avail their astrology and Vastu services to ensure an auspicious start to life in your new home or office. With its entire gamut of offerings, MagicBricks has indeed brought the supermarket experience to real estate in India, as this fun video shows below.

Play

Get started with a simplified experience of buying, renting and selling property on MagicBricks here.

This article was produced by the Scroll marketing team on behalf of MagicBricks and not by the Scroll editorial team.