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Law commission (Uniform civil code (Imp recommendations (Fixing the…
Law commission
Uniform civil code
Consultation paper
Law Commission of India said a
Uniform Civil Code ' is neither necessary nor desirable at this stage".
It said cultural diversity cannot
be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity
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Efforts must be made to reconcile our
diversity with universal and indisputable arguments on human rights. Difference does not always imply discrimination
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This diversity, both religious and regional,
should not get subsumed under the louder voice of majority
At the same time, discriminatory practices
within a religion should not hide behind the cloak of that faith to gain legitimacy.
Important suggestion
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By codifying, one can arrive at certain universal principles that prioritize equity rather than imposition of uniform civil code
Imp recommendations
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Decriminalising adultery and making it a
common ground for divorcesimplifying 'nofault'
divorce procedure and introducing'irretrievable breakdown' as a ground for
dissolving any marriage
It suggests abolition of the 30-day notice
period for civil marriages to prevent its misuse by those against inter-caste and inter-religious
marriages.
It also suggests division of property equally
after divorce, and removal of illnesses that can be cured or controlled from possible grounds
of divorce.
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It advocates removal of discriminatory
provisions in the law relating to aspects such as marriage, divorce, succession and
adoption in all the religions.
It also recommended the adoption of
certain universal principles that wouldaddress gender bias and other forms of
existing discrimination.
A code is one in which universal principles of
equality, non-discrimination and avoidanceof taboos and social assumptions are
applicable in equal measure within everycommunity's set of laws.