Family Laws In Sarla Mudgal Vs Union Of India
When it comes to family laws, the current situation in India is a peculiar one. Different people are governed by different laws enacted by the parliament on the grounds of the community, religion or region they belong to. In fact, the situation is such that there is no act to govern the family laws of Muslims in India, and instead they are only governed by their customary laws.
One of the biggest challenges that the absence of Uniform Civil Code (UCC) poses for the country is the uncertainty in applicability of personal laws. The present legislations are many times not specific as to what law is applicable over which community creating a lot of confusion among people. This is evident in the case of Sarla Mudgal Vs Union of India, where the …show more content…
Such is the condition that the MHA Annual Report 2014-15 states that there have been a total of 1,467 communal incidents reported in the country in the past 2 two years itself. As a result of these incidents, a total of 228 people died while another 4,190 were injured. This all happens in the country despite of the Preamble clearly claiming India to be a “Secular” country, with additional safeguards through Fundamental Rights under Articles 15 (prohibition of discrimination on grounds of religion…) and 25 (freedom of…free profession, practice and propagation of religion) of the …show more content…
The 1985 case of Mohd. Ahmed Khan vs Shah Bano Begum (Shah Bano case) is an example of the same scenario where the S. 125 of CrPC (relating to maintenance) was held by the Supreme Court to be applicable on Muslim women too. However, the same was nullified by the then government by enacting the The Muslim Women (Protection of Rights on Divorce) Act the very next year. It was only after the Supreme Court’s judgment in the case of Lily Thomas Vs. Union of India (2000), that the same could be made possible again, thus giving the Muslims some relief when it came to
One of the biggest challenges that the absence of Uniform Civil Code (UCC) poses for the country is the uncertainty in applicability of personal laws. The present legislations are many times not specific as to what law is applicable over which community creating a lot of confusion among people. This is evident in the case of Sarla Mudgal Vs Union of India, where the …show more content…
Such is the condition that the MHA Annual Report 2014-15 states that there have been a total of 1,467 communal incidents reported in the country in the past 2 two years itself. As a result of these incidents, a total of 228 people died while another 4,190 were injured. This all happens in the country despite of the Preamble clearly claiming India to be a “Secular” country, with additional safeguards through Fundamental Rights under Articles 15 (prohibition of discrimination on grounds of religion…) and 25 (freedom of…free profession, practice and propagation of religion) of the …show more content…
The 1985 case of Mohd. Ahmed Khan vs Shah Bano Begum (Shah Bano case) is an example of the same scenario where the S. 125 of CrPC (relating to maintenance) was held by the Supreme Court to be applicable on Muslim women too. However, the same was nullified by the then government by enacting the The Muslim Women (Protection of Rights on Divorce) Act the very next year. It was only after the Supreme Court’s judgment in the case of Lily Thomas Vs. Union of India (2000), that the same could be made possible again, thus giving the Muslims some relief when it came to