Abstract
Article 44 of the Directive Principles of State Policy (DPSP) requires the State to make every effort to provide its citizens with a unified civil code all over India. Uniform Civil Law asserts that all segments of society, regardless of belief, would be treated equally under national civil law that will apply consistently to everyone. Establishing a Uniform Civil Code (UCC) in India is a strongly debated subject, notably concerning its consequences for personal laws concerning maintenance. The notion of maintenance includes food, clothes, housing, and medical treatment. It refers to meeting basic needs and providing support. Section 125 of the CrPC addresses the order of maintenance. This section allows people of all religions to seek maintenance because it is secular. Section 125(3) of CrPC allows the court to take action if a person fails to comply with an order without reasonable cause. If a person fails to comply with a court order after receiving a recovery warrant, they may face one month in prison. Legally, a UCC would promote equality and justice by removing inequities resulting from varied personal laws. Standardizing rules across religious communities can alleviate prejudiced behaviors seen in personal laws. Culturally, India’s many spiritual and customary traditions complicate the establishment of a UCC. Maintaining a balance between uniformity and cultural diversity is critical. The study finds possibilities and challenges in harmonizing these laws by contrasting possible UCC provisions with current maintenance laws from different faith groups. The findings underscore the complexity of cultural opposition, legal integration, and achieving fair solutions within a unified legal framework.
Keywords: DPSP, Article 44, Uniform Civil Law, Personal laws, Maintenance, Section 125 of the CrPC, Secular, Section 125(3) of CrPC
INTRODUCTION
Section 125 of the Code of Criminal Procedure is one of the most often utilized and debated provisions. This legislation states that a person who can maintain himself financially cannot refuse to pay maintenance to their spouse, children, or parents if they are unable to care for themselves. Maintenance and other child-related conditions might be included in processes for recovery of marital rights, nullity, divorce, or judicial separation. “Maintenance” is defined as follows in the Hindu Adoption and Maintenance Act, of 1956.: “Maintenance” includes (I) provisions for housing, food, clothes, education, and medical care and treatment under all circumstances; (ii) in the case of an unmarried daughter, the reasonable expenses of and resulting from, her marriage. Raising one’s children is a personal responsibility that results from the closeness of the bond. This was formerly limited to parents’ lawfully adopted children. Both sexes are required by the Hindu Adoptions and Maintenance Act of 1956 to provide for both legitimate and illegitimate children. Liability exists only until the age of majority. Unmarried daughters can get maintenance until they are unable to sustain themselves. In the case that her daughter is single, maintenance also pays for any appropriate costs and the effects of her marriage.
A Uniform Civil Code’s implementation is hindered by Article 25, which guarantees the right to exercise religion freely. Part IV, Article 44 of the Constitution states, “The State shall endeavor to secure the citizen a Uniform Civil Code throughout the territory of India.” Nonetheless, the Constitution’s Article 37 stipulates that the DPSP “shall not be enforceable by any court”. However, they are “fundamental in the governance of the country”. This implies that even if our constitution supports the idea that a Uniform Civil Code ought to be implemented in some capacity, it does not mandate it. There is a gap in personal laws. We have established a different legal system, rooted in thousands of years of ideas, by creating personal laws. This might be changed with a single civil code. Rules for maintenance ought to be applied to Indians on an equal basis. The only way to guarantee fair treatment for all Indians is through UCC. It encourages true secularism. A universal civil code suggests that all Indian citizens, regardless of faith, would be treated similarly and that they will all be required to abide by the same rules, without restricting people’s freedom to follow their religion. The Uniform Civil Code is the sole way, according to several court rulings, to fully address the gaps and ambiguities in the different personal laws, particularly about maintenance. Personal laws often favor males over women in areas such as marriage, divorce, and child custody. Wives, children, and other groups are more vulnerable due to legal disparities. India is a single country from Kashmir to Kanyakumari, yet its legal system varies for each individual, resulting in widespread injustice. The judicial system disproportionately affects women and children. In India, Section 125 of the Criminal Procedure Code is a novel and distinctive legal provision. It blends secular law’s family law, criminal, and civil sections, however, it doesn’t necessarily belong to one of these divisions. A person’s social obligations under Section 125 include assisting close relatives. All individuals, regardless of faith, culture, or nationality, have a legal right to seek justice for mistreated spouses, divorcees, abandoned children, and defenseless parents.
HISTORICAL CONTEXT OF PERSONAL LAWS
Personal laws in India have a long history that strongly rests in the country’s diverse cultural and religious framework. Prior to colonial domination, India had a personal law system based mostly on customary practices and religious scriptures. The entry of British colonialists in the 18th century caused a profound shift in the legal environment. The British established a standard legal framework to oversee many elements of life, including personal problems. Recognizing the complexity and diversity of personal laws in India, they let groups to pursue their own practices regarding marriage, inheritance, and family conflicts (including maintenance which has become a main concern in today’s context) As a result, diverse ethnic and religious groups developed their own unique laws. Following independence, the Constitution allowed residents the right to promote and practice their religion, while safeguarding personal laws as an important component of cultural identity. Personal law discussions and debates grew in popularity throughout the decades that followed. In recent years, disputes over the UCC have renewed conversations about the necessity for a common legal system that applies consistently to all individuals, regardless of religious or cultural background.
RESEARCH METHODOLOGY
This is a descriptive study with detailed analysis relying on secondary sources such as newspapers, journals, and websites for research. A comparative study is undertaken between existing maintenance laws and UCC provisions.
LITERATURE REVIEW
India has legislated personal laws for Hindus, Muslims, Christians, and Parsis. There isn’t a single-family rule that all Indians must abide by and that is accepted by every Indian religious group. However, the vast majority of them think UCC is a good idea and would strengthen and advance Indian nationalism. Regarding when and how it should be implemented, different people have different ideas.
MAINTAINANCE UNDER SECTION 125 OF CrPC AND PERSONAL LAWS
Hindu Law
The spouse who is financially dependent on the other spouse may be entitled to maintenance in the event of a divorce or when both spouses no longer live together. So that she or he may continue to live their lives as they did when they were together. The maintenance is provided by the individual on whom the other person relies. The amount of assistance is decided by the person’s income, other people’s requirements, and the things a reasonable man needs to live a normal life. As per the Code of Criminal Procedure, Section 125, a woman is eligible for support only if she has not remarried and has either filed for divorce or been granted a divorce by her spouse. Under this Act, a married woman may be entitled to a special payment if she declines to stay with her spouse due to his potential for cruelty, bigamy, leprosy, or desertion, or if he changes to another faith without her consent.
In D. Velusamy vs. D. Patchaiammal case: The lady filed a request for assistance under Section 125 of the Code of Criminal Procedure against her husband. The woman in this instance receives support from the court.
The person is required to support the following under Section 125 of the Code of Criminal Procedure:
1) His wife, who is unable to sustain herself.
2) His young child, married or single, who is dependent on him for financial assistance.
3) Neither his mother nor father can provide for themselves.
In Gomaji v Smt. Yashoda case, The husband is the petitioner in this instance, while his wife is the respondent. By Section 13 of the Hindu Marriage Act, the Husband filed for divorce. In addition, the Respondent submitted a maintenance request by Code of Criminal Procedure Section 125. Here, the court grants the divorce and mandates that the husband provide his wife with support every month.
Muslim Law
In addition to Hindu law, Muslim law addresses maintenance. Muslim law stipulated that divorced women could only get the amount of mehr and could not request maintenance beyond the duration of iddat. However, in the case of Shah Bano decision allows divorced women to seek maintenance from their husbands on justifiable grounds as well as from the husbands’ families after his death. In the case of MOHD. AHMED KHAN v SHAH BANO BEGUM AND ORSThe 68-year-old mother of five children files for divorce from her husband. Muslim law states that divorced women are only entitled to mehr and cannot seek maintenance beyond the duration of iddat. Under Section 125 of the Code of Criminal Procedure, the Shah Bano Begum files a complaint and requests assistance. She is successful in getting maintenance from her husband based on justification and from the husband’s family after his death. Following Shah Bano Begum’s historical verdict, the Muslim community began denouncing the court of law, claiming that the decision had a direct impact on their personal law provisions. However, in response to pressure from the Muslim community, the government enacted legislation that explicitly overruled the ruling. The government passed the Muslim Women (Protection of Rights on Divorce) Act in 1986. By this Act, the ancient conventional law that the Muslim community followed gained power.
In the case of Daniel Latifi & Anr vs Union Of India The Muslim Women’s Act (MWA) was contested because it violated Article 21’s right to life and Articles 14 and 15’s rights to equality. The Supreme Court upheld the validity of the statute and reconciled it with Section 125 of the CrPC, saying that a woman should get enough money during her iddat period to maintain herself and make plans for the future. A Muslim woman who is divorced is therefore entitled to lifetime maintenance or until she remarries under state law.
Comparison between Hindu Law and Muslim Law
Muslim women are not as entitled to rights as Hindu women. As per Section 18(1) of the Hindu Adoption and Support Act, 1956, Hindu wives are entitled to their husbands’ maintenance till their deaths. According to Section 125 of the Code of Criminal Procedure, assistance is only available to Hindu married women who have not remarried and who have either requested or been granted a divorce by their husbands. Under this Act, a married woman who refuses to stay with her husband due to his potential for cruelty, bigamy, leprosy, desertion, or unapproved conversion to another faith may be eligible for a special reward. Divorced women are only entitled to meher under Islamic law; they are not entitled to support beyond the iddat term. Section 125 of the Code of Criminal Procedure no longer permits Muslim women to demand support according to the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Cristian Law
Christian assistance is governed by the Indian Divorce Act. It states that a woman may be awarded support, but it must not exceed one-fifth of the husband’s income, and there is a stipulation that the wife remain unmarried and pure. The amount is determined by the wife’s income, the husband’s property and income, and a variety of other variables.
Parsi Law
The law applies to Parsis in the same way as it does to Christians. The distinction is that the spouse can also seek maintenance, which is not paid after the death of the person who pays it.
RECOGNIZED NATIONS THAT ADHERE TO UCC
- The United States presents an interesting contrast. Its legal system is founded on common law and includes both federal and state legislation. Although there is no national UCC, many areas, like as marriage and divorce, are subject to state jurisdiction. The variety of legislation between states exemplifies the coexistence of autonomy and a cohesive legal system.
- China’s Civil Code exemplifies the successful application of a single legal framework throughout a multi-ethnic and multi-religious nation. The Code covers marriage, family, property, contracts, and torts, reflecting China’s distinct societal dynamics.
- European countries such as France and Germany have adopted universal legal systems that emphasize individual rights and gender equality.
- France is frequently touted as an example of a country having an effective Uniform Civil Code. The Napoleonic Code, enacted in the early nineteenth century, removed religiously driven personal laws and established a single civil code for all people.
- Following its modernization in the 1920s, Turkey implemented a new civil code that replaced religious laws with a secular legal framework. This reform sought to establish a more equal legal system.
- Tunisia has enacted a Uniform Personal Status Code, which ensures that men and women have equal rights in marriage, divorce, and inheritance.
ANALYSIS OF PERSONAL MAINTENANCE LAWS CONCERNING UCC
The freedom to handle religious affairs according to one’s own beliefs is a part of the right to freedom of religious practice denominations. As a result, each religion has its own set of personal laws that control the lives of its followers laws have existed in society as usages or norms for a long time., and they continue to operate under patriarchal principles. A law must be revised regularly to reflect the changing society, however, some statutes have stayed unchanged since their inception. The largest flaw in The thing about personal laws is that they differ amongst religions, which means that each person’s rights vary depending on their faith. This inequity systematically breaches Article 14. But constitutional rights cannot be violated, as demonstrated by the triple talaq case when a man was given total control to divorce his wife without considering her wishes; the triple talaq case was overturned by the court because it treated a woman unfairly. The practice of immediate Triple Talaq has been found unlawful, yet numerous anti-women laws continue to exist and diminish women’s position. The rights of women will be protected and their lives will be improved by the adoption of a uniform civil code. Maintenance is sometimes perceived as a prejudiced benefit offered to women, yet given a woman’s delicate nature, her dignity and needs must be preserved in the greatest way possible. the existing discrepancies in maintenance provisions under various personal laws advocate for a unified approach to guaranteeing gender equality and protection for women. The Supreme Court has now clarified that personal laws are also considered ‘laws in force’ under Article 13(1) and that the right to equality will always take precedence over the right to freedom of religion. And as it is the role of the legislature to design laws, introducing a Uniform Civil Code should be the top priority of the government, and efforts for it should be initiated right now.
METHOD
The present research utilizes a qualitative secondary data analysis method, drawing on extant literature, legal documents, case studies, and reports to investigate the implications and obstacles associated with maintenance rules under the Uniform Civil Code (UCC) within the domain of personal laws. Documents such as the Indian Constitution, the Hindu Marriage Act, the Christian Marriage Act, the Muslim Personal Law (Shariat) Application Act, and other rulings from the Indian High Courts and Supreme Court were reviewed. Scholarly publications from Jstor, HeinOnline, Google Scholar, and SCC Online served as the main data sources. These sources were chosen for inclusion in the analysis based on publication date, credibility, and relevancy to the study question.
Since the study used secondary data, cross-referencing several sources and confirming the legitimacy of legal documents helped to ensure the data’s integrity and correctness.
SUGGESTIONS
- Rather than using it as an emotional wedge to gain electoral advantage, intellectual and political leaders need to endeavor to find a solution. Protecting minorities or even maintaining national unity is not the problem; what matters is treating every individual with dignity—something that personal laws have so far been unable to do.
- Education, awareness, and sensitization activities must be implemented to assist individuals in grasping the UCC’s spirit.
- It should encourage real secularism.
- Stakeholder participation, including legal professionals, religious academics, and representatives from many groups, can assist in building a thorough and acceptable UCC.
CONCLUSION
The battle between the freedom to practice one’s religion and the right to equality has always been sparked by personal legislation. Because of these rules, women in our society have suffered and continue to suffer especially when women are not able to fulfill men’s or their family’s needs mainly in the case of dowry the men simply throw out women and deny giving maintenance for their survival. There is a strong need for UCC in India since India can only be a secular country in the real meaning of the word if all groups belonging to various religions, such as Hinduism, Islam, and Christianity, adhere to a single set of rules, therefore unifying varied sectors of the population. A universal civil code will serve to improve the lives of women in India. It will assist in bringing about changes in age-old practices that have no relevance in today’s modern society. With a few notable exceptions, the state of Goa is recognized as a prime example of a Uniform Civil Code that guarantees equal rights to all. A unified civil code in India would encourage a sense of belonging by creating a feeling of nationality.
Author- Suhani Rai
Christ University