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October 18, 2017

Law Commission of India – Questionnaire on Uniform Civil Code

1. Are you aware that Article 44 of the Constitution of India provides that “the State shall endeavour to secure for the citirens a Uniform Civil Code throughout the territory of India”?
a. Yes
b. No

In your view, does this matter require any further initiatives?

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2. The various religious denominations are governed by personal laws and customary practices in India on matters of family law, should the UCC include all or some of these subjects?

i. Marriage
ii.Divorce
iii. Adoption
iv. Guardianship and child custody
v. Maintenance
vi. Successions and
vii. inheritance

3. Do you agree that the existing personal law and customary practices need codification and would benefit the people?

a. Yes, it should include all these
b. No, it should exclude ______________
c. It should further include ___________
3. Do you agree that the existing personal. laws and customary practices need codification and would benefit The people?

a. Yes
b. No
c. Personal laws and customary practices should be replaced by a uniform code
d. Personal laws and customary practices should be codified to bring thorn in line with fundamental rights.

4. Will uniform civil code or codification of personal law and customary practices ensure gender equality?

a. Yes
b. No

5. Should the uniform civil code be optional?

a. Yes
b. No

6. Should the following practices be banned and regulated?

a. Polygamy (Banned/ Regulated)
b. Polyandry (Banned/ Regulated)
c. Similar customary practices such as Maitri-karaar (friendship deed) et al. (Banned/ Regulated)

7. Should the practice of triple talaq be

a. Abolished in tote.
b. Retained the custom
c. Retained with suitable amendments

8. Do you think that steps should be taken to ensure that Hindu women are better able to exercise their right to property, which is often bequeathed to sons under customary practices?

a. Yes, Hindu women must be made aware of this right and measures should be taken to ensure that women, under pressure from family do not forego their property.
b. No there are adequate protections in the existing law.
c. Legal provisions will not help in what is primarily a cultural practice, steps have to be taken to sensitise the society instead.

9. Do you agree that the two-year period of wait for finalising divorce violates Christian women’s right to equality?

a. Yes, it should be made uniform across all marriages b. No. This period is sufficient and in-keeping with religious sentiments.
10. you agree that there should be a uniform age of consent for marriage across all personal laws and customary practices?

a. Yes.
b. No, custom ary laws loczate this age at the attainment of puberty.
c. The prevailing system of recognising ‘voidable’ marriages is sufficient.

11. Do you agree that all the religious denominations should have the common grounds for divorce?

a. Yes
b. No, cultural difference must be preserved.
c. No, but there should be the same grounds for divorce available for men and women within personal law.

12. Would uniform civil code aid in addressing the problerh of denial of maintenance or insufficient maintenance to women upon divorce?

a. Yes
b. No

Give reasons:

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13. How can compulsory registration of marriages be implemented better?

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14. What measures should we take to protect couples who enter into inter-religion and inter-caste marriages?

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15. Would uniform civil code infringe an individual’s right to freedom of religion?
a. Yes
b. No

Give reasons:

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16. What measures should be taken to sensitize the society towards a common code or codification of personal law?

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Remarks

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Please provide us with your name, contact number and address

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