Inheritance

According to the Quran, daughters are generally

entitled to half the share of sons. This provision is
often cited as an example of gender inequality, as it
may result in daughters inheriting a smaller portion of
the deceased's estate compared to sons.
While a wife is entitled to a share of her deceased
husband's estate, it is generally a fixed percentage
(one-eighth in some cases) and may be smaller than
the shares allocated to sons.
In matters of inheritance, the distribution of shares in
Islamic law exhibits distinct allocations based on
familial relationships and the presence or absence of
children. The wife, under these principles, is entitled
to one-eighth of the deceased's estate when there are
children, and one-fourth when there are none. In
instances where there are multiple wives, the one-
eighth share is equitably divided among them.
Conversely, if the husband survives the wife, he
inherits one-fourth of her estate when children are
present and half if there are [Link] to
daughters, when there are multiple female heirs, they
collectively receive equal shares amounting to two-
thirds of the deceased's property. However, in cases
where there is only one daughter, she is entitled to
half of the estate.

DIVORCE AND THE DISSOLUTION OF MUSLIM MARRIAGES ACT, 1939

Section 2 of the Act provides woman married under the
Muslim law to obtain a decree of dissolution on various
grounds on the side of husband such as cruelty, lack of
correspondence, neglect, imprisonment for a period of 7
years or more, failure to perform marital obligations for
more than 3 years, insanity for a period exceeding 2
years or in case marriage solemnised when she was
minor (below 15).
Under Muslim law, divorce may take place by the Act of
the parties themselves or by a decree of the court of law.
Accordingly, the valid reason for which parties may opt
for divorce is the inability to live
together. A divorce can be initiated either by the man or
woman. Thus, the pronunciation of such words implying
the husband's intent is enough in this case. The Wife
cannot divorce her husband on her own but can do so if
the husband delegates her the right to do so. Such
woman-initiated divorces are called Khula or Mubarat.
Prior to the enactment of the Dissolution of Muslim
marriages Act the woman had no right to seek divorce
except on grounds of false accusations of adultery,
insanity or impotency of husband.
The Act resulted in making divorce possible for several
other causes through a court [Link] grounds
include the husband's impotence, cruelty, desertion for a
certain period, failure to maintain for two years, or the
husband's imprisonment for seven years.
The Act allows a Muslim woman to file a petition for
the dissolution of her marriage in a court of competent
jurisdiction. The legal process for seeking dissolution
under this Act involves filing a petition in court, and the
court may pass a decree of dissolution if the grounds
specified in the Act are proven.

The Muslim Women (Protection of Rights on Marriage) Bill, 2019 This

act ,passed in 2019, made the triple talaq- which was
part of Muslim Personal Law in India ,[Link] triple
talaq bill made the declaration of talaq-e-bidat(instant
divorce) in spoken, written or through SMS or WhatsApp
or any other electronic chat non constitutional. Talaq-e-
biddat refers to the pronouncement of talaq three times
by a Muslim man in one sitting to his wife resulting in an
instant and irrevocable divorce. This came after years of
continuous pleas and protests by Muslim women on the
sudden and discriminatory procedure of divorce.
CASE STUDY-THE SHAH BANO CASE
The Shah Bano case was a landmark legal case in India that
brought attention to the issue of maintenance for
Muslim women after divorce.
In 1985, Shah Bano, a 62-year-old Muslim woman,
sought maintenance from her husband, Mohammed
Ahmad Khan, after he divorced her using the practice
of triple talaq (instant divorce). Shah Bano, facing
financial difficulties, approached the court seeking
maintenance under Section 125 of the Code of Criminal
Procedure (CrPC), which provides maintenance to
wives, children, and [Link] case raised complex
questions about the intersection of personal laws and
constitutional rights in India. The primary issue was
whether Muslim women could claim maintenance
beyond the iddat period (the waiting period after
divorce), as provided under Muslim personal [Link]
Supreme Court of India, in its judgement in 1985, ruled
in favour of Shah Bano, stating that she was entitled to
maintenance beyond the iddat period under Section
125 of the CrPC. The court emphasised the need to
secure social justice for Muslim women and held that
Section 125 was a secular provision applying to all
communities, regardless of personal [Link] decision
sparked controversy, and there were protests from
some sections of the Muslim community who argued
that the court had interfered with their personal laws. In
response to the protests, the Indian government, led by
Prime Minister Rajiv Gandhi, enacted the Muslim
Women (Protection of Rights on Divorce) Act, 1986. This
Act aimed to overturn the Supreme Court's decision by
restricting the maintenance payable to divorced
Muslim women to the iddat period and placing
limitations on their rights under Section 125 of the
[Link] decision was criticised by many women but
supported by many muslim activists who justified this
provision through various reasons .
The need for reforms in various and codification of
Muslim Law has been expressed from time to time.
Many cases of women’s rights and safety and disputes
between Nation’s Law and the Shariat law have
pointed out the need for complete or partial
implementation of UCC which applies to all Muslims in
[Link] traditionalist continue to argue against
such reforms and show their solidarity with the
existing Muslim Personal Law.

HINDU PERSONAL LAW

Before independence, discussions about reforming
personal laws, especially those related to Hindus, were
initiated during the colonial [Link] like widow
remarriage, child marriage, inheritance to daughters
were addresses The British government introduced
some legal reforms, such as the Hindu Widow
Remarriage Act in 1856, the Hindu Inheritance (Removal
of Disabilities) Act in 1928, and the Child Marriage
Restraint Act in 1929. However, these were limited in
[Link] India gained independence in 1947, the
Constituent Assembly was tasked with drafting the
Constitution. The issue of personal laws and the need
for reforms, particularly within the Hindu community,
became a subject of intense [Link]. B.R. Ambedkar,
who served as the Chairman of the Drafting Committee
of the Constitution and as the Law Minister in the first
Cabinet of independent India, played a crucial role in
advocating for the reform of Hindu personal [Link]
Hindu Code Bills were introduced in the Parliament
between 1948 and 1951. These bills sought to reform
and codify laws related to marriage, divorce,
inheritance, and adoption within the Hindu
[Link] Hindu Code Bills were enacted in the
mid-1950s. The Hindu Marriage Act, Hindu Succession
Act, Hindu Minority and Guardianship Act, and Hindu
Adoptions and Maintenance Act were among the key
legislations. Amendments were made to some of these
acts to address concerns and controversies.
HINDU MARRIAGE ACT 1955

The Hindu Marriage Act, 1955, introduced several

important changes and reforms in the legal framework
governing Hindu marriages in India. It provided a
uniform legal framework for the solemnization and
registration of Hindu marriages, aiming to bring
consistency and clarity to the laws governing Hindu
[Link] reinforced the principle of monogamy
among Hindus, making it illegal for a Hindu male to have
more than one living wife at a time, marking a
departure from traditional practices allowing
polygamy.
The Act established prohibited degrees of relationships,
preventing marriages between close [Link] a
minimum age for marriage, the Act specified that the
bridegroom should be at least 21 years old, and the
bride should be at least 18 years old, aiming to prevent
child marriages. Mandatory registration of Hindu
marriages was introduced, aiming to create an official
record of marriages and facilitate the issuance of
marriage certificates. The registration process helps in
legal and administrative matters, such as proving
marital status for official [Link] Act introduced
specific grounds on which a Hindu marriage could be
dissolved through divorce, providing a legal framework
for addressing marital issues and allowing individuals to
seek divorce under certain [Link] issues
related to the custody and maintenance of children in
cases of divorce, the Act aimed to safeguard the
welfare and interests of children affected by marital
[Link] a certain level of equality between
spouses in matters of marriage and divorce, the Act
sought to protect the rights of both husbands and
wives, providing legal mechanisms for addressing
issues within the marital relationship.
HINDU SUCCESSION ACT-1956

The Hindu Succession Act, 1956, is a significant piece

of legislation that governs the inheritance and
succession rights of Hindus in India. It was enacted to
bring about reforms in the traditional Hindu law of
succession, which had various discriminatory
provisions, particularly against women. The Act aimed
to provide a more equitable and gender-neutral
framework for the devolution of property among
[Link] Act granted equal rights to both sons
and daughters in the ancestral property. Before this
legislation, daughters had limited or no rights to
ancestral [Link] Act brought about a
significant change in the concept of coparcenary
property under the Mitakshara school of Hindu law.
It abolished the concept of limited estate (limited
rights) in coparcenary property and conferred full
ownership rights to coparceners, including
[Link] Act also addressed the devolution of
separate property (property acquired by an
individual through various means) by establishing
rules for its succession. The rules vary depending on
whether the deceased Hindu left behind male or
female heirs.
The Hindu Succession Act has undergone amendments over
the years to address evolving social and legal
considerations. For example, the 2005 amendment
brought about further changes, removing the gender-
based distinctions between sons and daughters in
ancestral property.

HINDU GUARDIANSHIP LAW-1956

The Act defines a minor as a person who has not
attained the age of eighteen years. It addresses the
appointment of guardians for the person and property
of a [Link] Act specifies the natural guardians of a
Hindu minor. The father is the natural guardian of a
minor legitimate child, and after him, the mother.
The Act recognizes the principle of paternal
preference in guardianship, but it also acknowledges
the importance of the mother's role as a natural
guardianThe Act allows a Hindu father to appoint a
testamentary guardian for his minor children
through a will or other document. The mother may
also appoint a testamentary guardian, but only when
the father is not [Link] Act provides for the
appointment of a guardian by the court in certain
situations. The court may appoint a guardian if it is
deemed necessary for the welfare of the minor.

It is important to note that Hindu Personal laws

had undergone various changes in many respects,
unlike those of other religions. Still many argue that
the provisions granted are nominal and not effective
enough in bringing gender [Link] need for
further codification has been mentioned by various
segments of the Indian community.

CASE STUDY -GITHA HARIHARAN CASE

The case of Githa Hariharan vs. Reserve Bank of India
(RBI) is a landmark legal case in India that dealt with
the issue of guardianship of a minor child in the
context of conflicting personal laws. The Supreme
Court delivered its judgement in this case in 1999.
Here is a summary of the case:Githa Hariharan, a
Hindu woman, and her husband, Vijay Anand, were
divorced. They had a son, Aditya Anand, who was a
minor at the time. According to the Guardians and
Wards Act, the father would ordinarily be considered
the natural guardian of a minor son. However, Githa
Hariharan challenged this provision, arguing that it
was violative of the fundamental rights guaranteed
under the Constitution, particularly the right to
equality.
The primary legal issue in the case was the conflicting
provisions of personal laws governing guardianship.
While the Guardians and Wards Act favoured the
father as the natural guardian, Hindu personal law,
which governed Githa Hariharan, did not recognize the
mother as the natural guardian once the child attained
a certain age.
The Supreme Court, in its judgement, acknowledged
the conflict between the personal laws and the
secular law governing guardianship. The court held
that the welfare of the child should be the
paramount consideration, irrespective of the
personal laws governing the parents. It ruled that the
Guardians and Wards Act should be interpreted in a
manner consistent with the constitutional principles
of equality and justice.
The court observed that the father and mother should
be considered joint guardians, and the court should
determine guardianship based on the welfare of the
child. The judgement aimed to reconcile conflicting
laws to ensure that the best interests of the child
were protected.
The Githa Hariharan case is significant because it
emphasised the need to prioritise the welfare of the
child in matters of guardianship. It also highlighted
the challenges arising from conflicting personal
laws and the importance of interpreting laws in a
manner that upholds constitutional principles.

CHRISTIAN PERSONAL LAW

Christian personal law in India primarily pertains to
matters related to marriage, divorce, and succession
among Christians. The personal laws for Christians are
predominantly codified in the Indian Christian Marriage
Act, 1872, and the Indian Succession Act, [Link] to
Muslim Personal Laws. These laws have not been
substantially amended post Independence.
Indian Christian Marriage Act
This Act regulates the solemnization of marriages
among Christians in India. It outlines the conditions
for a valid marriage, including the age of consent,
prohibited degrees of relationship, and the necessity of
solemnization before a clergyman or minister.

Critics argue that Christian personal laws, like many

other personal laws in India, have been criticised for
being biassed against women. For instance, the grounds
for divorce and maintenance provisions have been
questioned for being [Link] provisions of
the Christian personal laws are considered outdated
and not in tune with contemporary social realities.
Calls for reforms and amendments have been made to
address these concerns.A comprehensive approach in
various matters including guardianship and adoption
has been asked by many, further stressing the need for
application of the Uniform Civil Code.

GOA CIVIL CODE

Goa is the only state in India that has a uniform civil
code regardless of religion, gender, caste.
The Goa Civil Code, also called the Goa Family Law, is the
set of civil laws that governs the residents of the Indian
state of Goa. The Goa civil code was introduced after
Portuguese Goa and Damaon were elevated from being
mere Portuguese colonies to the status of a Província
Ultramarina (Overseas possession).
The Goa civil code is largely based on the Portuguese Civil
Code (Código Civil Português) of 1867, which was
introduced in Goa in 1869.
When Goa became part of union territory in 1961, by
virtue of Section 5(1) of the Goa, Daman and Diu
Administration Act, 1962, the parliament authorised
the Portuguese Civil Code of 1867 to Goa and the new
Indian Administration ruled that “all laws in force
immediately before the appointed day (the day Goa
was liberated on December 19, 1961) in Goa, Daman
and Diu or any part thereof shall continue to be in force
therein until amended or repealed by a competent
legislature or other competent authority.” Due to this,
the Portuguese civil code persists in its application in
Goa, even though a more contemporary version has
replaced it in Portugal, its country of origin, in the form
of the Portuguese Civil Code of 1966.
Since then, some legal acts of the Indian Union
concerning Civil Law matters, such as the Indian
Contract Act 1872 and the Indian Transfer of Property
Act 1882, were extended to Goa, Daman and Diu and
the corresponding provisions of the Civil Code were
repealed.

Uniform Provisions-
Every birth, marriage, and death must be
registered voluntarily. There are numerous
provisions for divorce.
Muslims who register their marriages in Goa are
prohibited
from engaging in polygamy .
All assets and wealth owned or obtained by each
spouse throughout a marriage are kept jointly by
the pair. In case of a divorce, each spouse is
entitled to one-half of the property, and in case of
death, the surviving spouse receives one-half of the
property ownership.
Shared Finances: Couples can choose to manage their
wealth and income jointly, ensuring equitable
distribution between spouses. This fosters financial
security and shared responsibility.
 Inheritance Rights: Children are assured a minimum share
of their parents' inheritance, preventing complete
disinheritance and ensuring their well-being.
Inheritance is divided equally among children,
promoting fairness and preventing sibling disputes.
ANOMALY -Hindu men- They have the right to bigamy under
specific circumstances mentioned in Codes of Usages and
Customs of Gentile Hindus of Goa (if the wife fails to
deliver a child by the age of 25, or if she fails to deliver a
male child by the age of 30). For other communities, the
law prohibits bigamy.
Roman Catholics- They can solemnise their marriages in church
after obtaining a No Objection Certificate from the Civil
Registrar. For others, only a civil registration of the
marriage is accepted as a proof of marriage. The
Catholics marrying in the church are excluded from
divorce provisions under the civil law.

Criticism of Uniform Civil Code in India

The main argument against the UCC is that it violates the
constitutional freedom to practice the religion of choice,
which allows religious communities to follow their
respective personal laws. For example, Article 25 of the
Constitution mentions “Freedom of conscience and free
profession, practice and propagation of religion.”. In
contrast, Article 26 mentions “Freedom to manage
religious affairs.” and Article 29 mentions “Protection of
interests of minorities.”
It is also argued that if codified civil laws and criminal laws
such as the Code of Criminal Procedure (CrPC) and the
Indian Penal Code (IPC) don't follow ‘one nation, one law’,
then how can this diktat be applied to personal laws of all
communities?
Some experts believe that the UCC will impose a 'Hinduised'
code for all communities which will be in favour of the
Hindus and force people of other ethnicities to follow
them.
Several North East tribes have expressed their opposition
to UCC and have stated it as a danger to the security and
freedom of their respective tribes in practise of their
customary laws.