Commission suggests certain
measures in marriage and divorce that
should be uniformly accepted in the
personal laws of all religions.
KRISHNADAS RAJAGOPAL
Illustration: Deepak Harichandan
A uniform civil code “is neither necessary
nor desirable at this stage” in the country,
the Law Commission of India said on
August 31.“By codification of different personal laws,
one can arrive at certain universal
principles that prioritise equity rather
than imposition of a uniform code, which
would discourage many from using the
law altogether, given that matters of
marriage and divorce can also be settled
extra-judicially,” the Commission
reasoned.
The Commission suggested certain
measures in marriage and divorce that
should be uniformly accepted in the
personal laws of all religions.
These amendments in personal laws
include fixing the marriageable age for
boys and girls at 18 years so that they
marry as equals, making adultery a
ground for divorce for men and women
and to simplify divorce procedure. The
Comunission said the filing of Section
498A IPC (dowry harassment) cases was
actually done by women wanting a quick
exit from a difficult marriage.
'Nikahnamas should make it clear
that polygamy is a criminal offence'
Significantly, the Commission suggested
that nikahnamas should make it clear
that polygamy is a criminal offence and
this should apply to “all communities”.