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Discussion on Uniform Civil Code
Jun 10, 2024
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Discussion on Uniform Civil Code
Panel of Guests
:
Mr. Deshra Nigam - Lawyer and Political Analyst
CA Pradeep Bhati - Samajwadi Party
Vishnu Jain - Advocate on Record, Supreme Court
Kapil Madan - Lawyer and Political Analyst
Introduction
Topic: Debate on the Uniform Civil Code (UCC)
Focus on equality between men and women
Mention of the last law commission under Justice B.S. Chauhan and the complexity of the issue
Special focus on regions with tribal rights and customary laws
Key Points from Vishnu Jain
Legal Framework
Paragraph 12A of the Sixth Schedule
:
Provisions allowing laws passed by the parliament to override customary laws (except Nagaland)
In Nagaland, parliamentary laws need state legislature approval (Article 371A)
Other Northeast States
:
Parliament laws can override customary laws with exceptions and modifications
Autonomous District Council has exclusive domain (Paragraph 3 of the Sixth Schedule)
Overriding effects are laid out in Paragraph 12A for other states
Political and Emotional Sensitivity
Uniform Civil Code (UCC) debate is not just technical/legal but also political
Sensitive issues concerning land rights, local customs, and inheritance in Northeastern regions
Key Issues Highlighted
Criminal Aspects
: Should govern the entire country (e.g., bigamy laws)
Gender Justice
: Ensuring female dignity and justice irrespective of region or religion
Contributions from Mr. Deshra Nigam
Primary Focus of UCC
:
Women's exploitation and equal rights
Not mixing with criminal law but focusing on civil aspects
Tribal Customs and Harmony
:
In tribal societies, women already have significant rights, causing no conflict
The distinction between Northeastern and other parts of the country
Discussion Points
Matriarchal Societies
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Women have more rights in tribal societies compared to patriarchal setups
Government's challenge in addressing customs in the Northeast
Harmony and Demand
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Argument for social harmony where both genders agree on traditional rights
Demand for equal rights coming from women through courts and legal frameworks
Conclusion
Emphasis on balancing the technical, legal, political, and emotional aspects of implementing a Uniform Civil Code.
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