FAMILY LAW REFORMS

Sept. 1, 2018

Law commission of India has released a consultation paper on Family Law Reforms in India.

About:

It discusses a range of provisions within all family laws, secular or personal, and suggests a number of changes to in the form of potential amendments and fresh enactments.

View of consultation paper on following areas:

  • Uniform Civil Code (UCC):
    • UCC is neither necessary nor desirable at this stage. Cultural diversity cannot be compromised for achieving uniformity and on the name of secularism.

    • Instead of UCC, codify all personal laws so as to remove the prejudices in them.



  • Age of Marriage: Fix the marriageable age for boys and girls at 18 years so that they marry as equals and to remove the stereotype that wives must be younger than their husbands.

  • Divorce:
    • Introduce new grounds for ‘no fault’ divorce accompanied by corresponding changes to provisions on alimony and maintenance.

    • Upon divorce, a woman should get an equal part of the property gained after marriage.



  • Under Muslim law the paper suggests the following:
    • Nikahnamas should make it clear that polygamy is a criminal offence and this should apply to “all communities.

    • Reform inheritance law by codifying Muslim law on inheritance, but ensuring that the codified law is gender just.



  • Adoption: Expand the Juvenile Justice (Care and Protection) Act, 2015, to make it into a robust secular law that can be accessed by individuals of all communities for adoption.

Source : The Hindu