Very rational and logical. Jyoti Malhotra of the Print media had an interview with S.Y. Qureshi former CEC. He said that the UCC is aimed at the discrimination against the minorities, particularly the Muslims. This article belies the stand of Qureshi. It is unfortunate that the media persons deliberately pick up people for interview who , they know, would oppose the Prime Minister.
My detailed response to a worldwide group of Sikhs personalities:
Uniform Civil Code: Proposed Response from the Sikh Perspective
Respected and Esteemed Members,
Waheguru ji ka Khalsa Waheguru Ji Ki Fateh!
First of all, I would like to express my gratitude to Sardar Partap Singh for raising the issue of the proposed Universal Civil Code (UCC) and for sharing the outcomes of the Sikh Forum's recent seminar on this matter. Your contributions and insights are highly appreciable, and we all value your active engagement in this important discussion.
I would like to highlight that the Law Commission of India has extended the deadline for receiving public suggestions on the UCC until 24th July 2023. I have attached a copy of the notice for your reference. It is essential for every individual to exercise their right to submit suggestions and proposals to the Law Commission, regardless of how rudimentary they may seem. I have already submitted my suggestions as per my published article, the link of which is provided below.
Since neither the Government of India (GOI) nor the Law Commission (LC) has released any discussion paper, let alone a comprehensive draft enactment, it becomes challenging to provide a specific response. However, this situation presents a great opportunity as it indicates that the GOI and the LC have an open mind and are starting with a clean slate.
In my opinion, the draft legislation, when made available, is unlikely to delve into the religious, cultural, or traditional rituals associated with marriage ceremonies. It is expected that the code will respect and honor the diverse traditions while emphasizing the importance of registering marriages within a reasonable period. The implications of non-registration, such as whether a marriage would be rendered null and void, remain pertinent questions that need to be addressed.
Inter-caste or inter-faith marriages are not expected to be major issues, as they continue to be governed by the Special Marriage Act, 1954. This act, which enables marriages between people of different faiths, does not require religious conversion. It also facilitates the registration of marriages and divorce proceedings. Notably, once a marriage is solemnized under this act, the succession of an individual is governed by the Indian Succession Act, 1925, rather than the normal Hindu Succession law. The Indian Succession Act, 1925 applies to all citizens of India, irrespective of their religion, and takes into account both English common law and Indian customary law.
It is important to differentiate between marriages that are solemnized and registered subsequently. Many Sikh marriages performed through the sacred "Anand Karaj" ceremony are registered under the Hindu Marriage Act, 1955. Presently, the Civil Code for Hindus, Sikhs, Jainas, and Buddhists comprises four laws that are not applicable to other religious communities or atheists. These laws are:
• Hindu Marriage Act, 1955: This law governs the solemnization of marriages, the grounds for divorce, and the rights and liabilities of spouses.
• Hindu Succession Act, 1956: This law governs the inheritance of property by Hindus, Sikhs, Buddhists, and Jains.
• Hindu Minority and Guardianship Act, 1956: This law governs the guardianship of Hindu, Sikh, Buddhist, and Jain minors.
• Hindu Adoptions and Maintenance Act, 1956: This law governs the adoption of Hindu, Sikh, Buddhist, and Jain children.
In my opinion, there’s nothing in these laws that is really offensive or detrimental to the Sikh faith. My sense is that the new UCC will be modelled on the basis of these laws, to be tampered with the provisions of the Special Marriage Act, 1954 and the Indian Succession Act, 1925. In my opinion one cannot expect far-reaching changes in so far as Hindus, Sikhs, Jainas and Buddhists are concerned. Muslims, Christians and Parsis would face more sweeping changes in the law.
What UCC would endeavour to make uniform is:
• Grounds for divorce.
• Manner of divorce.
• Maintenance of the divorced wife and the children.
• Right of the daughter, wife (widow) or the mother in respect of a self-acquired property of a person dying intestate.
• Where adoption is allowed? Does it require the consent of both the husband and the wife? Age difference between the adoptive father and the adoptive child, especially when female.
This list is illustrative and by no means exhaustive.
The contentious debate would arise concerning the Muslim community, as they currently follow the British-era “Shariat Law”, unless there is an overriding central enactment.
The question of property and succession rights in the case of Hindu Undivided Family (HUF) coparcenary or Mitakshra properties should also be addressed, especially in so far as the existing provisions are manifestly detrimental to the rights of females within the family. The special income tax status of HUF would also come under scrutiny. Currently, only Hindus, Sikhs, Jainas, and Buddhists can benefit from these provisions, which offer significant relief in terms of income tax liability.
It is worth emphasizing that in modern liberal western democracies, citizens are governed by uniform personal laws (UCC) regardless of their religion. Although different laws may exist across various states in countries like the USA, within each state, the law is the same for all citizens/ residents.
Issues such as same-sex marriage, surrogate children, illegitimate children, and cases involving frozen semen and eggs (ova) may be raised by special interest groups. While these issues are not exclusive to the Sikh community, they contribute to the broader UCC discourse.
As a Sikh community, we cannot rely solely on the responses of specific state governments, as their feedback may be influenced by political considerations and other priorities beyond Sikh concerns. Brief mentions of Sikh issues would offer only minimal consolation.
In conclusion, I hold the view that the Sikh community need not be alarmed by the prospect of the impending UCC but should actively participate in the debate. It presents an opportunity for us to assert our distinct Sikh identity and values within the framework of a uniform code. The establishment of an All-India Anand Marriage Act would be a positive outcome, though it may not significantly change the existing situation, except for firmly asserting that "Sikhs are not Hindus" (recalling the agitation about Article 25 of the Constitution ahead of the 1982 Asian Games in New Delhi).
In the final analysis, we, as the Sikh community, should wholeheartedly support this initiative that has long been delayed, despite the specific guideline in the Directive Principles of State Policy. The enactment of an All-India Anand Marriage Act would be a bonus and a moral victory.
Thank you both for your valuable contributions to this crucial discussion. I greatly appreciate your insights and feedback. Please feel free to circulate my views, which are also attached to this email as a separate document for easy reference.
Your input is highly valued, and I look forward to continuing our engagement on this important matter.
Best regards,
Karan Bir Singh Sidhu, ex-IAS (Punjab cadre 1984 batch)
Very rational and logical. Jyoti Malhotra of the Print media had an interview with S.Y. Qureshi former CEC. He said that the UCC is aimed at the discrimination against the minorities, particularly the Muslims. This article belies the stand of Qureshi. It is unfortunate that the media persons deliberately pick up people for interview who , they know, would oppose the Prime Minister.
Very well written.
This is need of hour and all need to support
Thanks you.
My detailed response to a worldwide group of Sikhs personalities:
Uniform Civil Code: Proposed Response from the Sikh Perspective
Respected and Esteemed Members,
Waheguru ji ka Khalsa Waheguru Ji Ki Fateh!
First of all, I would like to express my gratitude to Sardar Partap Singh for raising the issue of the proposed Universal Civil Code (UCC) and for sharing the outcomes of the Sikh Forum's recent seminar on this matter. Your contributions and insights are highly appreciable, and we all value your active engagement in this important discussion.
I would like to highlight that the Law Commission of India has extended the deadline for receiving public suggestions on the UCC until 24th July 2023. I have attached a copy of the notice for your reference. It is essential for every individual to exercise their right to submit suggestions and proposals to the Law Commission, regardless of how rudimentary they may seem. I have already submitted my suggestions as per my published article, the link of which is provided below.
https://open.substack.com/pub/kbssidhu/p/balanced-and-equitable-uniform-civil?r=59hi9&utm_campaign=post&utm_medium=web
Since neither the Government of India (GOI) nor the Law Commission (LC) has released any discussion paper, let alone a comprehensive draft enactment, it becomes challenging to provide a specific response. However, this situation presents a great opportunity as it indicates that the GOI and the LC have an open mind and are starting with a clean slate.
In my opinion, the draft legislation, when made available, is unlikely to delve into the religious, cultural, or traditional rituals associated with marriage ceremonies. It is expected that the code will respect and honor the diverse traditions while emphasizing the importance of registering marriages within a reasonable period. The implications of non-registration, such as whether a marriage would be rendered null and void, remain pertinent questions that need to be addressed.
Inter-caste or inter-faith marriages are not expected to be major issues, as they continue to be governed by the Special Marriage Act, 1954. This act, which enables marriages between people of different faiths, does not require religious conversion. It also facilitates the registration of marriages and divorce proceedings. Notably, once a marriage is solemnized under this act, the succession of an individual is governed by the Indian Succession Act, 1925, rather than the normal Hindu Succession law. The Indian Succession Act, 1925 applies to all citizens of India, irrespective of their religion, and takes into account both English common law and Indian customary law.
It is important to differentiate between marriages that are solemnized and registered subsequently. Many Sikh marriages performed through the sacred "Anand Karaj" ceremony are registered under the Hindu Marriage Act, 1955. Presently, the Civil Code for Hindus, Sikhs, Jainas, and Buddhists comprises four laws that are not applicable to other religious communities or atheists. These laws are:
• Hindu Marriage Act, 1955: This law governs the solemnization of marriages, the grounds for divorce, and the rights and liabilities of spouses.
• Hindu Succession Act, 1956: This law governs the inheritance of property by Hindus, Sikhs, Buddhists, and Jains.
• Hindu Minority and Guardianship Act, 1956: This law governs the guardianship of Hindu, Sikh, Buddhist, and Jain minors.
• Hindu Adoptions and Maintenance Act, 1956: This law governs the adoption of Hindu, Sikh, Buddhist, and Jain children.
In my opinion, there’s nothing in these laws that is really offensive or detrimental to the Sikh faith. My sense is that the new UCC will be modelled on the basis of these laws, to be tampered with the provisions of the Special Marriage Act, 1954 and the Indian Succession Act, 1925. In my opinion one cannot expect far-reaching changes in so far as Hindus, Sikhs, Jainas and Buddhists are concerned. Muslims, Christians and Parsis would face more sweeping changes in the law.
What UCC would endeavour to make uniform is:
• Grounds for divorce.
• Manner of divorce.
• Maintenance of the divorced wife and the children.
• Right of the daughter, wife (widow) or the mother in respect of a self-acquired property of a person dying intestate.
• Where adoption is allowed? Does it require the consent of both the husband and the wife? Age difference between the adoptive father and the adoptive child, especially when female.
This list is illustrative and by no means exhaustive.
The contentious debate would arise concerning the Muslim community, as they currently follow the British-era “Shariat Law”, unless there is an overriding central enactment.
The question of property and succession rights in the case of Hindu Undivided Family (HUF) coparcenary or Mitakshra properties should also be addressed, especially in so far as the existing provisions are manifestly detrimental to the rights of females within the family. The special income tax status of HUF would also come under scrutiny. Currently, only Hindus, Sikhs, Jainas, and Buddhists can benefit from these provisions, which offer significant relief in terms of income tax liability.
It is worth emphasizing that in modern liberal western democracies, citizens are governed by uniform personal laws (UCC) regardless of their religion. Although different laws may exist across various states in countries like the USA, within each state, the law is the same for all citizens/ residents.
Issues such as same-sex marriage, surrogate children, illegitimate children, and cases involving frozen semen and eggs (ova) may be raised by special interest groups. While these issues are not exclusive to the Sikh community, they contribute to the broader UCC discourse.
As a Sikh community, we cannot rely solely on the responses of specific state governments, as their feedback may be influenced by political considerations and other priorities beyond Sikh concerns. Brief mentions of Sikh issues would offer only minimal consolation.
In conclusion, I hold the view that the Sikh community need not be alarmed by the prospect of the impending UCC but should actively participate in the debate. It presents an opportunity for us to assert our distinct Sikh identity and values within the framework of a uniform code. The establishment of an All-India Anand Marriage Act would be a positive outcome, though it may not significantly change the existing situation, except for firmly asserting that "Sikhs are not Hindus" (recalling the agitation about Article 25 of the Constitution ahead of the 1982 Asian Games in New Delhi).
In the final analysis, we, as the Sikh community, should wholeheartedly support this initiative that has long been delayed, despite the specific guideline in the Directive Principles of State Policy. The enactment of an All-India Anand Marriage Act would be a bonus and a moral victory.
Thank you both for your valuable contributions to this crucial discussion. I greatly appreciate your insights and feedback. Please feel free to circulate my views, which are also attached to this email as a separate document for easy reference.
Your input is highly valued, and I look forward to continuing our engagement on this important matter.
Best regards,
Karan Bir Singh Sidhu, ex-IAS (Punjab cadre 1984 batch)
Retired Special Chief Secretary, Punjab.
Kbs.sidhu@gmail.com
+91-7837-001-001
Link to my article on the UCC:
https://open.substack.com/pub/kbssidhu/p/balanced-and-equitable-uniform-civil?r=59hi9&utm_campaign=post&utm_medium=web
My detailed response to a worldwide group of Sikhs personalities:
Uniform Civil Code: Proposed Response from the Sikh Perspective
For those who want it in compact form, follow the link below to the doc file on the Google Drive:
https://docs.google.com/document/d/1HwQfR-2ciCvtinNWSO77XsD4XnjAHq52/edit?usp=sharing&ouid=106723119440784079081&rtpof=true&sd=true