Uniform civil code neither necessary nor desirable: Law Commission
New Delhi, Sep 1: The Law Commission has suggested certain changes in marriage and divorce laws that should be uniformly accepted in the personal laws of all religions, while holding that the uniform civil code "is neither necessary nor desirable at this stage" in the country.
The Commission, headed by former Supreme Court judge Justice B.S. Chauhan whose tenure ended on Friday, has come out with a 185-page consultation paper on "Family Law Reforms' said a unified nation does not necessarily need to have "uniformity".
It said the best way forward was to preserve diversity of personal laws even while ensuring they did not contradict fundamental rights guaranteed under the Constitution.
Saying, secularism cannot contradict the plurality prevalent in the country, the Commission said in the paper that: "Cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation."
Suggesting amendments in marriage and divorce in personal laws of all religion, the Commission advocated making adultery a ground for divorce for men and women and to simplify divorce procedure.
"While all family laws include adultery as a ground for divorce it is important to ensure that the provision is accessible to both spouses," the paper said.
The Commission said the filing of Section 498A IPC (dowry harassment) cases was actually done by women wanting a quick exit from a difficult marriage.
It suggested that 'Nikahnamas' should make it clear that "polygamy is a criminal offence" and this should apply to "all communities".
The paper stated: "This is not recommended owing to merely a moral position on bigamy, or to glorify monogamy, but emanates from the fact that only a man is permitted multiple wives, which is unfair."
It favoured fixing the marriageable age for boys and girls at 18 years so that they marry as equals, and said that the insistence on recognising different ages of marriage between consenting adults must be "abolished".
"If a universal age for majority is recognised, and that grants all citizens the right to choose their governments, surely, they must then be also considered capable of choosing their spouses.
"For equality in the true sense, the insistence on recognising different age of marriage between consenting adults must be abolished.
"The age of majority must be recognised uniformly as the legal age for marriage for men and women alike, as is determined by the Indian Majority Act, 1875, i.e. eighteen years of age.
"The difference in age for husband and wife has no basis in law as spouses entering into a marriage are by all means equals and their partnership must also be of that between equals," stated the report.
The Commission suggested that Parliament should enact a law to address the issue of legitimisation of children born of live-in relationships that fail to reach the threshold of a deemed marriage.
"Further, such children should be entitled to inherit the self acquired property of their parents," it said.
It is urged that the legislature should first consider guaranteeing "equality within communities" between men and women, rather than "equality between communities", the report, released on August 31 stated.
"This way some of the differences within personal laws which are meaningful can be preserved and inequality can be weeded out to the greatest extent possible without absolute uniformity," it added.
The Commission said "efforts have to be made to reconcile our diversity with universal and indisputable arguments on human rights".
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Two injuries, one DNF, a DQ as India end messy World Relays campaign
Gaborone (Botswana) (PTI): Amoj Jacob and Ragul Kumar got injured during the men's 4x400m and 4x100 races respectively as India ended their World Athletics Relays campaign in disappointment on the second day of competitions here on Sunday.
The Indian camp had high hopes of making the 2027 World Championships in the men's 4x400m relay but the team did not finish (DNF) the race as Jacob suffered cramps and pulled out of the race after taking the baton from the first leg runner Dharamveer Choudhary. Rajesh Ramesh and Vishal TK were to run in the third and fourth legs.
Those teams which could not qualify for the 2027 Beijing World Championships by reaching the final round of each of the six relay events on Saturday were given another chance in the second qualification round on Sunday.
The top two teams in each of the two heats (in all six relay events) booked the Beijing ticket on Sunday.
India will now have to try and qualify for the World Championships through the Top Lists of the World Athletics, which is a long and tedious process.
In the men's 4x100m race, third leg runner Ragul Kumar fell down the track after failing to hand over the baton inside the exchange zone to fourth leg runner Gurindervir Singh, which clearly showed the lack of coordination among the runners.
Harsh Santosh Raut and Animesh Kujur ran the first two legs.
The Indian quartet was disqualified and Kumar was seen being taken away from the Field of Play with the help of the volunteers.
It was a comedy of errors in the case of the women's 4x100m race, which saw the baton being dropped during an exchange between first leg runner Tamanna and second runner Nithya Gandhe, though the Indians finished the race in 53.09 seconds.
Gandhe started running quite a distance, but after realising that the baton was not in her hand, she turned and ran back to pick it up.
The only silver-lining for the Indian contingent was the national record time in the mixed 4x100m relay race, though the quartet of Ragul Kumar, Nithya Gandhe, Animesh Kujur and Sneha SS finished sixth in heat number two with a time of 41.35 seconds, bettering the previous national mark of 42.30 seconds set in March in Chandigarh.
The mixed 4x400m relay quartet of Theerthesh P Shetty, Kumari Saloni, Nihal William and Rashdeep Kaur ended at fifth in heat number one with a time of 3 minutes and 19.40 seconds.
On Saturday, all the five Indian relay teams had failed to make it to the respective final rounds and thus missed out on the 2027 World Championships berths.
