AIPPM Background Guide || Xq` Bfvo – qq` Bivq || You become what you believe

***
AIPPM
Background
Guide
***
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AIPPM Background Guide || Xq` Bfvo – qq` Bivq || You become what you believe

y}tax Baava[e-t{tax Baiv]ta

You become what you believe

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AIPPM Background Guide || Xq` Bfvo – qq` Bivq || You become what you believe

Letter from the Executive Board

From the Desk of the Executive Board,

Honourable Delegate,

On behalf of the Executive Board, I would like to welcome you to the All
Indian Political Party Meet. The agenda item for this session is “ Discussing
Marriage Law with Respect to the Prospect of a Uniform Civil Code”.
The operation of Civil Law in India follows no uniform code, but instead
multiple allied legal frameworks. In India, Marriage Law and Succession Law is
sourced from religion, religious & social customs, and morality. The laws of
marriage, divorce, succession inheritance differ on the basis of religion. A
uniform civil code would unify all laws governing marriage, divorce,
succession, inheritance and other particulars, which would centralise law and
apply to everyone regardless of their religion.

We hope that you understand the significance of your presence in the committee

There are a few instructions we must give with this study guide:

1. It is advised that you go through the background guide properly. The aim
of this guide is to provide clarity regarding the important aspects of the
agenda as well as provide direction to channel your research. However,
this study guide is not the ultimate source of information. This study
guide has been structured in such a manner to give you basic knowledge
of the agenda at hand and hence, we strongly recommend that you
research various things on your own and try to understand the intricate
details of the agenda.

2. We will be following the standard rules of procedure in this committee.

Those not well versed with these rules of procedures, kindly look at it
before the committee begins. Moreover, The Executive Board will ensure
that the first-timers will understand each and every aspect of the rules of
procedure, the committee in general, as well as the agenda.

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3. Considering this agenda at hand, keep an open, curious, and creative

mind and understand how to implement any part of your research in the
best possible manner.

Read widely and extensively. Be aware of your domestic policies according to

your portfolios. We wish you all the best and please do not hesitate to contact
me if you have any doubts. Feel free to drop your queries at
[Link]@[Link], vibhormandal541@[Link], or
mprabhu7766@[Link].

Ankit Bangre Vibhor Mandal Rohan Prabhu

Chairperson Vice-Chairperson Moderator

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Index

1. Introduction 7
2. Rules of Procedure* 11
2.1 Preliminary Introduction for beginners* 11
2.2 Certain Instruments Used in a Committee* 16
2.3 How do one of these meets actually play out? * 19
3. Code of Conduct 21
4. Rules of the Committee 22
5. Disclaimer 24
6. Understanding Civil Law 25
6.1 Hindu Marriage Act 1955 25
6.1.1 Sources of Hindu Law 25
6.1.2 Application & Extent 26
6.1.3 Conditions for a Hindu Marriage 26
6.1.4 Procedure to Establish a Hindu Marriage 27
6.1.5 Nullity of Marriage 27
6.1.6 Divorce 29
6.1.7 Modern Interpretation of the Act 30
6.2 Indian Christian Marriage Act 1872 31
6.2.1 Application & Extent 31

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6.2.2 Legalities on Procedure & Registration Rules 31

6.2.3 Divorce Act of 1869 33
6.2.4 Modern Interpretation of the Act 33
6.3 Special Marriage Act 35
6.3.1 Application & Extent 35
6.3.2 Procedure for Registration of a Marriage 36
6.3.3 Consequences of Marriage under this Act 37
6.3.4 Nullity of Marriage & Divorce 38
6.4 Muslim Marriages 40
6.5 Rules of Muslim Succession 41
6.6 Hindu Succession Act 44
6.6.1 Application & Extent 44
6.6.2 Intestate Succession 44
6.6.3 Intestate Succession of Property of Women 46
6.6.4 General Rules of Succession 47
6.7 Indian Christian Succession Law (ISA 1925) 47
6.7.1 Application & Extent 47
6.7.2 Intestate Succession law of Christians 47
7. Case Law 49
52
8. Summary, References and Qarma to
54

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1. Introduction
What is an AIPPM?
An All-India Political Parties Meet is a meeting that is called by the Office of
the Prime Minister of India to discuss the affairs of the country with various
other parties and ideate on legislation prior to a session in the Indian Parliament,
which is the highest forum of Legislative reform in the biggest Democracy on
Earth itself. This definition should highlight the importance of an AIPPM. It is
purely a recommendatory body that cannot enact any change, but only suggest
changes to Parliament.

But an AIPPM in spirit, is a peacekeeping meeting to ensure that politicians are

on the same page before a session in of Parliament, and not throw chappals at
each other during session. Politicians, please note that chappal throwing will
unfortunately not be allowed in this AIPPM either.

What is a Civil Code?

A civil code is a legal framework that governs private matters of citizens such
as family law, marriage, divorce, inheritance and property rights, and other
obligations.

What would a Unified Civil Code look like?

A uniform civil code would be a common legal framework that extends to all
citizens of India regardless of their religion, and would govern uniform law for
all, on matters such as, family, marriage, divorce, inheritance, etc.

What laws currently govern family law?

Currently India has multiple frameworks such as the Uniform Civil Code of
Uttarakhand Act, Hindu Marriage Act, Hindu Succession Act, Indian Christian
Marriage Act, Indian Succession Act, J&K Hindu Marriage Act, The J&K
Hindu Succession Act, The Shariat Act, and Special Marriage Act.

Why did India not adopt a UCC?

1. Colonial Law, still in action
During British Rule, the government tried not to interfere with family law
as it did not lie in their economic or political interests. Family law that
was instituted only divided the religious communities of India, and other
laws not pertaining to family, did the same.

2. Diverse Religious Background

The Primary reasoning for India to maintain multiple civil frameworks,

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was to maintain unity. It was to ensure that every religious community

had their interests expressed in the laws their community followed, and
not to compromise with a UCC.

3. Historical Context
The wind that blew stridently through the Indian Flag after independence,
could have been broken, if a UCC was adopted. After the partition of
India followed one of the most devastating migration incidents in human
history. An approximate of 1 million people died due to religious
communal violence.

4. Preservation of law and order

At the time, information and communications networks weren’t well
developed. If multiple complex civil administrative systems were
swapped, it could have caused legal and bureaucratic chaos. Not to
mention, a UCC could have caused religious communal violence.

5. Principles of the Government

The government must express the interests of all minorities and majorities
in law to promote a social order of welfare, power sharing and enhance
the spirit of democracy.

6. Other national interests

The birth of any new political entity is ugly, especially India’s. India had
to choose which princely states to adopt into the Union, the Constituent
assembly had to draft a constitution within 2 years (which ended up being
the longest constitution in the world), India had to plan its first elections
in 1951, the government had to figure out how to reduce poverty,
educational poverty, what type of economy to adopt, how to solve
unemployment and inflation. India also faced rising geopolitical tensions
and had to devote a massive part of their budget on arms expenditure.
India also had to centralise government control and ensure the Union
properly ruled over the states. Needless to say, the government only
amended and instituted a few family laws which were very relevant to
society in that era.

7. Excessing politicising over a potential UCC

If a party tried to draft a UCC, it could push a religious agenda and
influence the UCC in that community’s favour. It could politicise a UCC

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excessively and score political points from the religious community

favoured.

Reasons for India to adopt a UCC

1. Abandoning our colonial roots

Many of these laws have provisions that do not reflect society’s moral
perceptions. These old laws are contradictory to modern law and are
based on the morality of Victorian society, which aren’t the morals of
modern society.
Illustration 1
Rashi, an 18-year-old, is forced into a marriage with a 42-year-old man
named Subhash. Rashi runs away from her marital home due to verbal
abuse. Subhash files a case in his District Court Complex for the
restitution of his conjugal rights. This means that Subhash wishes to
perform sex acts with his wife, who is absent. Victorian law considers a
man to have sexual rights over his wife. These rights do not fit the morals
of modern society, as it treats a woman like a sex object. Ironically, the
restitution of conjugal rights has been abolished in the UK, but not in
India.

2. Centralised Law
A UCC can be easier to understand for the country as currently, civil law
is in the form of many frameworks. It can simplify administrative
procedures. Currently civil law is very contradictory. This can be seen in
the Indian Christian Marriage Act 1872 which is discussed further on.

3. A Double-Edged Sword
While a UCC could potentially promote equality, feminism and justice by
replacing old colonial laws, it must be handled carefully. A
discriminatory UCC could split the country and sprout communal
violence.

4. Equality in Law
With a uniform civil code, the rules on succession, inheritance, marriage
and divorce will be equal for all, with no difference based on one’s
religion.

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India has unfortunately, always faced religious conflict and communal violence
in relation to religion, from it’s birth as a sovereign nation till date; Specifically
between Hindus and Muslims. Drafting a Uniform Civil Code (UCC) will be a
delicate and sensitive procedure that must be handled mindfully, in the morals
and standing principles of the Union of India, for the Prudential Benefit and the
Public Tranquillity.

As per Article 44 of the Indian Constitution, the Government shall endeavour to

secure for the citizens a uniform civil code throughout the territory of India.
In Indian Law, the word “Shall” indicates the provisions of a law to obligatory.
This begs the question, has India made adequate attempts to secure such a
framework?
The article is concluded with the words “Throughout the territory of India”. The
inclusion of these words is there because of certain territorial exemptions in the
codes and frameworks of India. For instance;

1. The Indian Christian Marriage Act of 1872 excludes the area of Jammu &
Kashmir, Manipur and the United State of Travancore & Cochin which
was an old province of the colonial government.
2. The Uniform Civil Code of Uttarakhand only applies to the state of
Uttarakhand, evidently.
3. Many other instances, just not mentioned here.

Indian Society is a complex topic, and it gets more complex with time. Most of
India’s civil laws were made in the context of another millennia, literally and
metaphorically. Amendments to these Acts can be made, but it is up to you
politicians, to either scrap the social system which has been working for
centuries, or polish the laws with a few/multiple tweaks.

In context to this meeting, the entire point of this AIPPM, is to form a

consensus on whether amendments to the original acts should be made, or a
UCC should be implemented. This consensus is planned by an instrument
known as a resolution. A resolution is a written document that addresses a
problem or an issue.

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2. Rules of Procedure: How will our committee

work?
*Experienced delegates/politicians may skip this

1. Preliminary introduction for beginners

First, The Honourable Executive Board. It consists of a moderator, vice-

chairperson, and a chairperson. They are the supreme authority in the
committee, and maintain this procedure, and ensure the committee is
productive. In the context of the AIPPM, they act as peacekeepers, fire fighters
between the sides of the Indian political spectrum.

A simple understanding before we begin, is that you will be allotted a singular

person to represent, and not a country. Which means, you will not refer to other
politicians nor yourself, with the title ‘delegate’, but instead their actual name.
For example, in committee, I won’t refer to Nitish Kumar as the ‘Delegate of
Nitish Kumar’, but instead, just Nitish Kumar.

A placard is your nameplate, that you raise, when you wish to raise a motion,
point, or vote on a certain matter.

The AIPPM is a medium of debate. It follows a certain mechanical procedure.

To understand this, read the following definitions.

A discussion hour is the medium of formal debate. In this type of debate, a list
of speakers is prepared based on who wants to speak in the committee. The
speakers are then called out, one by one, to speak in front of the committee. In
this medium of debate, discipline in committee is maintained, and the Executive
Board listens to all the speeches of formal debate, and marks you accordingly.
Marking is the process of objectively scoring each politician based on their
speeches, participation in committee, and lobbying with other delegates.

An informal session/unmoderated caucus is not a medium of formal debate, but

rather a time where delegates can meet and informally chat. This is usually done
to set a roadmap to the committee and for delegates to come to a consensus. The
executive board does not rule over the committee during this time, as it is
completely informal. Informal sessions can also sometimes just be a break for
the committee.

A motion is a formal request made by a delegate/portfolio to direct debate or

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have the conference take action. Motions can only be raised when the Executive
Board entertains motions, which will be told to you, when the EB shall entertain
it.
Format for raising a motion:

I would like to raise a motion to begin a discussion hour, lasting 30

minutes (TIME), allotting 1 minute per speaker (TIME PER
SPEAKER), on the topic " criminalisation of marital rape (TOPIC).
Motions are voted on by the committee or passed by the discretion of the EB.
The EB typically passes minor motions independently, such as motions to break
for lunch, motions to begin formal session, motion to end formal session,
calling for a 10-minute informal session.

Every field underlined is variable, and can be c

A point is a formal way for delegates to communicate with each other, and the
executive board. There are different types of points:
Format for raising a point:

POINT OF — (Order/ Information/ Personal privilege/ Parliamentary Inquiry)

(and then state your point)

A. Point of Personal Privilege. (POPP)

A point of personal privilege is raised when a delegate wishes to do
something for his convenience, and it is his privilege if the executive board
allows him to do this.

Example 1
Ashwini Vaishnaw wants to turn on the fans in his committee room, and
raises a point of personal privilege to turn on the fans, because he feels
hot, and it is his privilege. Ashwini Vaishnav will raise the point by saying
the verbatim, “Point of personal privilege, May I please turn on this fan?”

Example 2
Ashwini Vaishnaw was listening to Arvind Kejriwal’s speech, and couldn’t
remember the second part of his speech. Ashwini Vaishnaw may raise a
point of personal privilege and request Arvind Kejriwal to repeat what he
said.
The verbatim, “Point of personal privilege, could the speaker please

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repeat the second part of his speech”

Example 3
Ashwini Vaishnaw is listening to Arvind Kejriwal’s speech and can’t hear
what he is saying. Ashwini Vaishnaw may raise his placard immediately
and request Arvind Kejriwal to speak louder.
The verbatim, “Point of personal privilege, could the speaker please speak
louder.”

B. Point of Parliamentary Inquiry (POPI)

All doubts that politicians have regarding the parliamentary procedure of
the committee is to be raised via this point, and the answer to which will be
given by the Executive Board.

Example 1
Akhilesh Yadav forgets the topic of debate. Akhilesh Yadav may raise a
point of Parliamentary Inquiry, and ask the Executive Board, what the
topic for the discussion hour is.

Example 2
Akhilesh Yadav forgets how many speakers can speak in a particular
ongoing discussion hour. He may raise a point of Parliamentary Inquiry to
get an answer from the Executive Board of the same.

C. Point of Order. (POO)

A point of order will be discussed in vivid detail. A point of Order is raised
to either highlight a certain factual inaccuracy, or logical fallacy on
something someone said. This is a point that is raised in formal debate, and
the answer of which is given by the politician who said it.

A factual inaccuracy is an error of fact made in a speech, and cannot in

anyway be contested.

A logical fallacy is when 2 statements are made in contradiction to each

other in a speech.

A point of order is asked differently in comparison to the other points. You

must mention whether it is a factual inaccuracy or logical fallacy. You
must format a point of Order by the below formats:

Point of Order, factual inaccuracy. the speaker mentioned (Insert incorrect

statement), when in fact, (Insert factual statement)

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Point of Order, Logical fallacy, the speaker mentioned (Insert the first
contradictory statement) while also mentioning (Insert the second
contradictory statement), which is logically fallacious since (insert
reasoning here)

Remember, a point of Order can NEVER BE FRAMED AS A

QUESTION. Even if God himself descends upon this plane of existence,
do not frame your POOs as questions.

Example 1
Narendra Modi says that India gained independence in 1949, in his speech
during formal debate. Rahul Gandhi raises a point of Order on his speech,
and says that this is factually incorrect, since India gained independence in
1947. This point of Order stands in committee.

Example 2
Narendra Modi says that the criminalisation of marital rape will lead to
unsafe marriages. Rahul Gandhi says raises a point of Order, and says
Narendra Modi is factually wrong, as according to a study from XYZ
university, studies show marital rape protects the institution of marriage.
This point does not stand in committee as it is Narendra Modi’s personal
belief that criminalisation of marital rape will lead to unsafe marriages.

Example 3
Narendra Modi says that India must remove the system of elections to let
democracy prevail. Rahul Gandhi raises a point of Order on this speech,
and says Narendra Modi’s speech was logically fallacious, since elections
are the very pillar of democracy. This point stands in committee.

Example 4
Narendra Modi says that we must criminalise marital rape, but then in his
same speech, he said that the State must never criminalise marital rape to
protect the institution of marriage. Rahul Gandhi raises a point of Order
on his speech and says Narendra Modi’s speech was logically fallacious,
since the speaker contradicted himself. This point stands in committee.

Example 5
Narendra Modi says that we need to start printing more currency to
strengthen the Indian Rupee. Rahul Gandhi raises a point of Order on his
speech and says Narendra Modi’s speech is logically fallacious, since
increased currency in circulation leads to currency devaluation.
This point stands in committee.

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Example 6
Narendra Modi says that transgender people do not exist. Rahul Gandhi
raises a point of Order, Factual inaccuracy, stating they do exist. This
point does not stand, since it is Narendra Modi’s personal / religious /
scientific belief that transgender people do not exist.

Example 7
Narendra Modi says that the population of India is around 1 billion
people. Rahul Gandhi raises a point of Order, of factual inaccuracy, and
says that Narendra Modi is factually wrong, since the Population of India
is 1.4 billion people. This point does not stand in committee, since
Narendra Modi used the word ‘around’. Words like ‘around’, ‘usually’,
‘probably’, ‘might’, ‘may’, ‘could’ highlight ambiguity. Which means that
it isn’t factually incorrect, since what Narendra Modi said, was
ambiguous.

Example 8
Narendra Modi says that the GDP of India is around $3.8 billion dollars.
Rahul Gandhi raises a point of Order, claiming a factual inaccuracy, and
says that India’s GDP is $3.8 trillion dollars. This point stands, since 3.8
billion dollars, is nothing near 3.8 trillion dollars, and is 1000 times
lesser.

Example 9
Narendra Modi says we need to ban hijabs, because a woman wearing a
hijab, committed a crime, and he believes that every lady wearing a hijab,
is a criminal. Rahul Gandhi raises a Point of Order, claiming a logical
fallacy, and said that statistically, If a woman wearing a hijab commits a
crime, it does not mean, every woman who wears a hijab, is a criminal.
This point stands in committee.

Example 10
Narendra Modi swears that violent crimes have decreased under their
government, citing an article from the Times of India. Rahul Gandhi raises
a point of order, citing a factual inaccuracy, and says that, Narendra Modi
is factually wrong as per the report of the National Crime Report Bureau,
which states that violent crimes have increased under Narendra Modi’s
regime. This point stands in committee, as the credibility of NCRB
supersedes the credibility of the Times of India.

The standing of the points of Order, whether of logical fallacy or factual

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inaccuracy, will be decided by the Executive Board, and their decision

shall be absolute.

D. Point of Information (POI)

When a politician wants to get more information on what the speaker said,
question the speaker, or highlight hypocrisy of the speaker, they may raise
a point of information.
Format for a point of information:
“Point information, speaker you mentioned (quote the speaker), can you
elaborate on (ask your question)”

Please note that you do not have to cite these points in the exact same
words as the example, but you are still required to raise points in the same
structure.

2. Certain instruments used in a committee, such as the AIPPM:

1. Chits
During Formal session, if a politician wishes to communicate with another
politician, you cannot simply stand up and talk to them. You must send a chit
to them. For this purpose, exist logistics members. They are people present
in the committee to assist it’s functioning by doing menial tasks.

POI chits are chits which have a Point of Information written on them, and
sent from one politician to another, and are still subject to marking. Which
means that the EB must read these chits. For the purpose of this committee,
the chits shall follow the below prescribed formats.

(Any other chit apart from a POI chit) (POI chit)

To: XYZ
To: Rahul Gandhi From: ABC
From: Siddaramaiah VIA The EB
(Example)
(Example) Politician how can you say the economy
will get better when under your party’s
Hey can you add me to the rule, unemployment is increasing?
documentation team?

Every POI chit must have a specific sender, receiver, and notice that it is Via
the EB. If a chit is NOT via the EB, it will not be marked, and the receiver of

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the chit is not obliged to answer to the question. All POI chits must have in
writing, “VIA THE EB”.

Only and only POI chits should have “Via the EB” written in them. Please do
not send any chits that aren’t POIs to the EB.

Politicians please note, that when a POI is being raised against your speech, you
must either render a response, or tell the questioning person that you refuse to
answer his/her question. The same shall be followed in chits.

In written responses, please write “response” and then your response.

If a POI chit is being sent to you, you must either render a response or write, “I
refuse to answer this question”. You MUST write,” I refuse to answer this
question” VERBATIM, if you refuse the question.

If a chit that is NOT a POI is being sent to you, you do not have to write
anything as a response, or send it back. You could tear it, eat it, keep it or do
anything to it.

Also, Chit windows may be present in committee. A chit window is a period of

time when POI chits will be entertained, and read by the EB. If a POI chit is
sent outside this window, i.e., when they aren’t entertained, you are not obliged
to respond.

2. Press Releases
Press releases are statements commissioned by politicians to the press, and
may be used to bend truths, add insight to the committee, support arguments,
etcetera. They can only be written on paper, and not online. They can be
commissioned by multiple politicians at the same time. They are given to the
EB via hand or logistics members. They follow the following format:
If it is commissioned by multiple people, one politician shall be an author,
and the rest shall be the signatories. An Author is a person who writes the
press release, and a signatory is someone who completely agrees to the
content of a press release, and may be involved in it somehow

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Press Release
As on 21st August 2034
Commissioned by — Emmanuel Macron
Via Radio & Television Transmission

Example
To the Citizens of France and those seeking domicile in France

Due to the aggressive Russian annexation of Northern France, France is

considering the usage of nuclear weapons, and all citizens are advised to
flee southward, towards the southern countryside of France. The Russian
Army has committed multiple crimes of war, such as, restricting civilian
access to food, water, medicine and shelter. The Russian Army has also
attacked multiple schools, hospitals and areas of high civilian density in
North France, with intent to commit genocide against the French
Populace.

The French Government is doing everything in its power to halt the

Russian invasion of France to preserve and protect the French people,
French Culture, French Heritage and the Land of France itself, which is at
threat of being ruined by the Kremlin.

All residents in North and Central France are strictly advised to evacuate
southward, or leave the country, in order to keep civilian casualties to a
minimum against the murderous intent of the Russian Army. Carry
minimum belongings and prioritize food, water, medicine and necessary
supplies required for sustaining your livelihood. Do not carry any
unnecessary items, as it shall only delay evacuation. For further
instruction, please contact your local government for further evacuation
instructions. Public transportation operations have now been diverted to
transport people southward, to the southern countryside of France. If any
person is unable to afford a bus ticket or a train ticket, it shall be
compensated at the expense of the Government.

Evacuation is necessary for your safety and life. Evacuate immediately.

This message shall be repeated every 30 minutes.

Press releases are communicated to the committee, either by the EB

summarising the Press release, or by the Politician who commissioned it.
Press Releases can only be submitted when the window for the press release is
open.

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3. How does one of these meets actually play out?

This is how committees usually play out —
1. Delegates enter the committee room after the opening ceremony on the
first day, and sit down. Your committee room may be in a classroom or
any other place; Though usually a classroom.

2. After people arrive in a committee room, they begin settling down,

changing their seating, setting up their laptop, talking to other delegates.
During the first 10-20 minutes of the committee, the EB sets that time as
an informal session for people to settle down.

3. After the delegates are settled, the EB addresses the committee

informally, and will explain the rules of procedure of the committee and
field questions. This usually takes 15 minutes.

4. After the informal session is over, the actual committee begins. This
begins with a “Motion to begin Formal Session”. It may be passed by the
discretion of the EB or by vote. Anyone may present this motion. This
motion is mandatory to pass, and if no one presents this motion, The
committee does not start.

5. After this motion passes, another motion is mandatory to pass, which is

the motion to begin roll call. Roll call is essentially an attendance sheet.
The EB will call the names of politicians, and you must respond with
“Present” or “present and voting”.
a) present means you do not have the power to vote for resolutions
b) present and voting means you do have the power to vote for
resolutions

6. After these two motions are passed, everyone must rise for the National
Anthem of India and they may have to take an oath at the beginning of
the session.

7. After the 2 motions for beginning formal session and roll call are passed,
and after the National Anthem, the committee immediately commences,
with no informal session in between. The commencement starts with a
motion to begin opening statements (Opening statements are done only
on the first day, and aren’t repeated in a committee)

8. The motion to begin opening statements can be presented by anyone, and

after it passes, recognition of speakers takes place. Essentially, the EB
will ask the committee to raise their placards if they wish to speak. The
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EB then jots down a list of speakers which can be endless (inexhaustible

list) in a random order.

9. After the list is prepared, politicians come and speak, in the order of that
list.

10. When politicians are speaking, if they aren’t speaking audibly or they
aren’t speaking clearly, raise a point of personal privilege immediately.
When they are speaking

11. After a politician’s speech is over, the EB will ask the committee if there
are any “points on the floor”. Points on the floor mean any points of
personal privilege, or any point of parliamentary inquiry. When the EB
asks if there are any points on the floor, do not raise points of
information or points of order. After POPPs or POPIs are cleared, the EB
will ask the committee if there are any points of Information or any
points of Order. There will be a limit on the number of POIs that can be
entertained on a politician’s speech, however, no limit exists for POOs
on anyone’s speech.

12. After the opening statements are closed, you may RAISE A MOTION to
begin an informal session, break for lunch (Only if your lunch break is
soon), or begin a discussion hour on a specific topic.

13. Informal sessions are breaks for the committee from formal sessions to
informally discuss how the committee should proceed. Discussion hours
are formal debate, with a specific topic, where people may
present/criticise solutions and express important information, that is
relevant to the topic/ solutions presented.

14. The committee then continually has informal sessions and formal
sessions, until the documentation stage comes up.

15. Documentation stage, is the stage which is used to prepare a resolution.

The entire point of the committee is centred around the documentation
stage. This will be elaborated further in committee.

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Code of Conduct
1. Be cool. The committee shall operate in an environment of care, respect, and
empathy. Do not discourage, insult, or humiliate anyone in committee,
especially to people new to MUNs, it will not in any way be tolerated.

2. Be chill. The usage of strong language in committee is strictly prohibited,

along with any racial, sexual, or, inappropriate remarks.

3. Be responsible. belongings are your responsibility. It is your duty to take

care of your possessions, and the Executive Board nor the Organising
committee is responsible for any damages or loss to property.

4. Be well dressed. All politicians are expected to wear Indian formals, or

western formals, though if you can, please wear Indian formals. Do not sport
yourself in inappropriate attire.

5. Be understanding. If the Executive Board does not entertain your POO or

kicks you from the committee for a certain period of time, do not protest
against it.

6. Be engaged. Do your best to stay as involved in the committee and with

other politicians, you must maintain a strong presence in committee.

7. Be patient. If the Executive Board is planning something, or has closed the

window for chits, or press releases, or anything else, you will be notified
when the window opens again, or when the Executive Board releases any
material, pertinent to the committee. Do not excessively pester the Executive
Board for any update on anything.

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Rules of the Committee

1. The privilege of internet may be granted from time to time, but will only be
allowed for a certain period of time. In the period where it is not allowed,
you are expected to turn your devices to airplane mode, or turn them off.

2. If the code of conduct or the rules are broken, you will be ‘gagged’ upon the
discretion of the EB. (Gagging is the action of removing someone from the
committee for a fixed period of time as a penance for doing something
wrong or inexcusable.).

3. Presenting props to the committee during a speech requires prior approval of

the EB.

4. One of the most important rules of the committee, is to maintain silence and
decorum when a politician is speaking during a formal session. Do not talk,
whisper or make any other disruptive sounds when another person is
speaking.

5. When raising a POO, remember that it will not stand if —

a) It is framed as a question.
b) If it is based on the personal/religious/scientific belief of that person.
c) If it based on a source that a speaker does not abide by.
Example: Dharmendra Pradhan may reject The New York Times as a
valid source of information.
d) If it is based on information from Wikipedia, or the source/evidence is
false.
Please keep these rules in mind while raising a POO in order to save
committee time.

6. When speaking, speak clearly and loudly to the committee. And when
listening, dedicate your entire focus to the speaker’s speech. Since this isn’t a
crisis committee, the only job you have is to speak and listen. Make sure you
listen carefully to a person’s speech.

7. Raising a point of personal privilege for someone to repeat a part of their

speech is heavily discouraged, any as the context may be, might be barred
from raising. If it is barred from raising, you must write a chit asking them to
write what you did not hear.

8. Do not send random chits to the EB, which aren’t POIs, or, which are POIs
but are being sent when the POI chit window is closed.
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9. During the formation of a resolution, signatory fraud or unsolicited editing of

resolutions will be punished. To prevent the prospect of such mishaps,
politicians are advised to maintain a list of resolution editors, and a list of
signatories, with their signatures on them, or any other pertinent evidence.

10. Do not play Dress to Impress during committee or any other

videogame/media, however tempting it may be.

11. Remember to be chill. MUNs are not only there to build up your records of
extracurricular activities, but to also have a good time. Treat other politicians
with respect and dignity.

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Disclaimer
Law is a challenging concept that can be difficult to comprehend, but with
consistency, comes fluency. If you consistently read law, you will understand
law easier. This background guide condenses civil law into a fraction of how
long these laws actually are, which means, it is important that you too, read
these laws. These laws are available on the internet. At the end of the document,
a few study materials will be attached, for your reference.

Indian civil law governs marriage, divorce, nullity of marriage, succession and
inheritance. Given Indian society, India decided to keep multiple civil laws
based on religion, to give importance to all major religious denominations.

Many of these laws originate from the colonial era, and may not reflect the
morals of society today. Law is based on morals, and if morals aren’t reflected
in law, people will not abide by law.

Indian civil law till date has contradictions, and provisions that can be
considered to not match society’s morals, and may require amendment.

However, should this amendment act involve the substitution of law with a new
civil code, or just simple amendment of law? The answer to this question lies
with you, and you must express this in committee.

Regarding the background guide, the background guide discusses many

different types of civil laws, which may be challenging for people with no
experience with law. However, it is imperative that you read the background
guide thoroughly and gain a proper understanding, and if you are unable to,
please seek explanation in committee. Before the committee commences, the
EB will field doubts that you may reserve on the background guide.

The background guide constructs a blueprint of what your research should be

upon. Please do not limit your understanding of civil law to this document, keep
researching on the different aspects of civil law, your party policy, your party’s
programs and implemented policies, etcetera.

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Understanding Civil Law

Before this guide starts explaining civil law, it should be understood that this
guide will only give you a simple, but detailed, overview of civil law, while in
truth, it is much more complex. It is hoped that you, the representatives, must
study these laws individually to understand more.

The civil laws of India are not organised and are sourced from religion and
social and religious customs. This makes the amendment of these laws
controversial. This makes civil law difficult to understand, since law is based on
religious and societal morality. Understanding the It is not expected that you
memorise each section of each law, but it is expected, that you understand and
remember the main parts of these laws.

These explanations only act as an intellectual support to understanding law

itself. These laws can be found on the internet, on government websites, which
are downloaded on the website itself, which means you do not need to
download long PDFs.

[Link] Marriage Act 1955

1.1 Sources of Hindu Law
1. [Link]: the root word is ‘Smri’ which means that which has been
remembered. In other words, it is a compilation of certain Shlokas and
Sanskrit terminology which is handed down by the sages and Munis of
ancient times. This Smriti is divided into 2 parts:
a. Dharmasutras- compiled with and written in a prose style
b. Dharmashastras- it is written in poetry style

2. Shruti/Vedas/Upanishads: the root word is ‘Shru.’ It is the compilation of

words of saints which is known as the direct revelations by God. Vedas are
known as all shastras of Hinduism. Shruti includes Vedas, which are divided
into four types; Rig Veda, Yajur Veda, Sam Veda and Atharva Veda. There
are primarily two theories according to Vedas:
a. Samhita–– theories, rights and duties have been interpreted from here.
Some theories are the concept of marriage, requirement of a son, concept
of inheritance, concept of co-parcenary

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b. Bhramanas–– method of application of Samhita concepts It is the specific

part of Vedas which are called Upanishads and it contains the gist and
summary of all concepts related to Hinduism
3. Commentaries and Digests: whenever all the sayings and practices have been
drawn down in a bound book form, they are referred to as commentaries and
digests
4. Customs: these can be both primary and secondary. These are those practices
followed by a set or group of persons.

1.2 Application & Territorial Extent

A. It applies to all social denominations of Hindus, Brahmins, Virashaiva

(Followers of Lord Shiva), Lingayats (Members of the Saiva Sect of
southern India), Followers of the Brahmo (Believers in the absolute spirit
of the universe, brahma), Prarthana or Arya Samaj, and all Sikhs, Jains
and Buddhists.

B. Not applicable to Parsis, Christians, Muslims and the Jewish, but

applicable to anyone who converts to the Hindu Faith.

C. This Act is also applicable to those who are neither Hindu nor Christian,
Muslim or Parsi.

D. It extends to the entirety of India excluding Jammu and Kashmir, but

also Hindus domiciled in the territories excluded.

1.3 Conditions for a Hindu Marriage

A. Neither person is married at the time.

B. Both persons (Bridegroom & Bride) are capable of giving valid
consent, neither person are of unsound mind.
C. Both persons do not have mental disorders which to an extent may
render them unfit to marry or procreate children.
D. Both persons haven’t experienced recurrent attacks of insanity.
E. Both persons do not share a sapinda relationship
F. Both persons do not marry by uterine blood/half-blood (Step-
siblings)
G. The bridegroom is at least the age of 21 years old and the bride is
at least the age of 18 years old.
If a Hindu Marriage doesn’t fit these exclusive conditions, then the
marriage is null.

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1.4 Procedure to establish Marriage

A. A Hindu marriage is solemnise in accordance with the customary rites

and ceremonies of either party hitherto, which includes the Saptapadi.
(The taking of seven steps by the bridegroom and groom around the
sacred fire). The marriage becomes official and binding when the seventh
step is taken.
Solemnise means to duly perform a ceremony, which in this legal context,
stands for the ceremony of marriage.
The Saptapadi is a mandatory legal ceremony for all Hindu marriages,
which if not done, the marriage can be declared null and void. This will
be discussed later.

B. The State Govt may make rules on the facilitation of proof of Hindu
Marriages with specific particulars for submission to the Govt for
registration in the Hindu Marriage Register

C. Any person contravening any rules which may apply to a certain territory
are liable to a fine of twenty-five rupees. Twenty-Five rupees in the 50’s
is equivalent to 12,500 rupees today. This highlights the irrelevancy of
these laws.

D. In this Act, a husband or wife may apply, by petition to the district court,
for their restitution of conjugal rights, when either the husband or wife
has withdrawn from society of the other, without reasonable excuse.
Conjugal rights are the rights to a sexual relationship between a husband
and wife.

1.5 Nullity of Marriage

Void Marriages
A void marriage is the separation of Wife and Husband without the
procedure of divorce. These are special conditions where a marriage can
be dissolved by the presentation of a petition by either the wife or the
husband.

A. Any Hindu marriage which doesn’t match the conditions for a lawful
Hindu marriage, may be annulled by a decree of nullity.
An annulment is a legal procedure that declares a marriage to be null
and void, as if it never happened. The decree of nullity is the legal
instrument utilized for an annulment.

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B. Marriages which aren’t consummated due to the impotence of the

husband, may be declared void.
Impotence in this context refers to a man’s inability to perform his
conjugal duties with his wife

C. If the consent of the petitioner, or guardian in marriage, was obtained

through force, or if, the marriage was solemnized through fraudulent
means. However, if the petition is filed 1 year after the force ceased to
operate, or if, the petition is filed 1 year after the petitioner discovered
their marriage was solemnized through fraudulent means, the petition will
not be entertained by any court. However, these petitions may be
entertained if the petitioner at the time was ignorant to the facts alleged
against their marriage, or if, the marriage was instituted before the Hindu
Marriage Act, or if, marital intercourse has not taken place with the
petitioner since the discovery by the petitioner of the said ground.
Explanation:
A petition praying for a decree of nullity can only be entertained if the
marriage ceremony was done fraudulently or with criminal force; and the
petitioner must file the petition praying for a decree of nullity within 1
year after their spouse stopped using force, or criminal force; or, the
petitioner must file a petition praying for a decree of nullity within 1 year
after the reception of the knowledge that their marriage was fraudulently
instituted. If a court receives such petition 1 year after the mentioned
reasons, the court will not entertain such petitions. However, the court is
obliged to entertain these petitions under special circumstances such as:
I. If the marriage was instituted before the commencement of
the Hindu Marriage Act
II. If the petitioner was ignorant to the facts alleged, Essentially
the petitioner did not believe that they were victims of force,
or they did not believe their marriage was instituted
fraudulently
III. If marital intercourse has not taken place with the petitioner
since the discovery of the said ground. The said ground here
refers to the ground for a decree of nullity. i.e., the petitioner
does not engage in conjugal relations with their spouse. This
is also a ground for nullity.
The word “Force” in this context refers to the criminal offense of Force.
Section 128 of the Bharatiya Nyaya Sanhita states that,” A person is said
to use force to another if he causes motion, change of motion, or
cessation of motion as brings that substance into contact with any part of
that other’s body, or with anything so situated that such contact affects
that other’s sense of feeling.”

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1.6 Divorce
Divorce is a complicated procedure that has many aspects to it. Hindu marriage
law has been written in respect to the aspects of society, culture, psychology,
livelihood and the right to a dignified life. (Buddhadev Karmaskar v State of
West Bengal)
Divorce can only be declared when a petitioner files a petition praying for a
decree of divorce, which is passed by a court. A decree of divorce is the legal
instrument that finalises divorce.
A divorce petition in Hindu Marriage Act can only be filed for the following
reasons-
A. The husband or wife has voluntary sexual intercourse with anyone apart
from his/her spouse

B. The petitioner has been treated with cruelty as defined in Section 86 of

the Bharatiya Nyaya Sanhita (BNS)
Harassment or wilful conduct that is of such a nature as is likely to drive
the woman to commit suicide or to cause grave injury or danger to life,
limb or health.

C. The husband or wife is no longer Hindu by conversion to another

religion, or has renounced the world by entering another religious order.
Renunciation in this context essentially means when a person may join
another religious community of individuals who vow to live in a certain
manner according to specific rules and practices.

D. The husband or wife has been incurably of unsound mind, or has been
suffering continuously or intermittently from a mental disorder of such a
kind and to such an extent where the petitioner cannot be reasonably
expected to live with their spouse.
Illustration 2
Ravi, the husband of Shamli, intermittently screams, yells and abuses
Shamli. Shamli files a petition to a district civil court praying for a
decree of Divorce. The competent court declares Ravi to be suffering
with bipolar disorder. The court declares the decree of divorce.

E. The Respondent (Spouse of the petitioner) has deserted the petitioner for
not less than 2 years after the presentation of such petition.
Deserted means abandoning their spouse in this context.

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F. If the spouse has not been heard of as being alive for a period of 7 years
by those persons who would have naturally heard of them being alive
Illustration 3
A is married to B for twelve years, but after the fourth year, B was not
heard of anymore, and was presumed to be dead by his family, who are
people who would have naturally heard of him being alive, if he was
alive. A can petition for the dissolution of her marriage.

G. A decree for judicial separation may also be petitioned for by the

husband or wife if one year after they passed a similar petition, no
restitution of conjugal rights took place or no cohabitation was
maintained.
(Cohabitation is said to have not been resumed if the period for which
they did not cohabit in the same home is a minimum time period of 1
year)

H. A divorce may also be preceded by mutual consent, if the husband and

wife have not been able to live together, with each of them not
cohabiting for a period less than 1 year, and if they mutually agree to the
dissolution of said marriage.

I. Bigamy is mentioned as a punishable offense, but the original clause of

the document lists sections from the Indian Penal Code, which is a legal
framework that is no longer in operation.

While the actual Act is much longer on a few smaller legalities and special
procedures for trials, this explanation should provide you an insight on how
specific and carefully legal documentation is drafted. This summary should
provide an insight on what you should know regarding the other Acts and
Codes.

1.6 Modern Interpretation of the Hindu Marriage Act

The Hindu Marriage Act, in the modern context, is thought to be an outdated
law. Hindu Marriages can only be administered if the bride is of 18 years of
age, and bridegroom of 21 years of age. This is because of the old societal
expectation of marriage, where a groom must be older than the wife, and the
wife must marry immediately after 18 years of age. This is not applicable in the
modern context, as society is more progressive by the day. Society no longer

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pushes women to immediate marriages, but embraces their cerebral opportunity

and potential. The Hindu marriage act also enlists 25-rupee fines for anyone
contravening legal requirements for registration of marriages. While 25 rupees
in the 1950s is 12,500 rupees in today’s (Approximately), 25 rupees is now the
cost of 3 cups of tea and a biscuit. The Law also cites sections from the IPC,
which has now been substituted with another code, known as the BNSS. While
many people suggest the institution of an entirely new code, the question arises,
“Can’t the government just pass small amendments to these bills instead of
reforming the entire system of marriage and divorce which has been existent
since the birth of the Republic?”. Regarding the exemptions in the territorial
extent of the Act, J&K is exempted from the Act. This was due to its
autonomous status, but after the repeal of article 370, Why is J&K still
exempted?

2. Indian Christian Marriage Act 1872

2.1 Application & Territorial Extent

The Indian Christian Marriage Act is applicable to the territory of the First
Republic of India, Except for the province once known as Travancore Cochin,
Manipur and J&K.
The Exemption of Manipur and the old province is due to local laws and
procedure which contravene the Indian Christian marriage Act. J&K was
exempted

2.2 Legalities on procedure & Registration rules

A. An Indian Christian Marriage may be registered if only 1 person in the

marriage is a Christian regardless of their Christian denomination. (Christian
denomination as in, Whether they’re a Methodist, Believer, Catholic,
Baptist, Lutheran or Reformed.)

B. The Indian Christian marriages are solemnized by Christian Clergymen,

ministers, Marriage registrars, and any licensed authorities.

C. The State government may grant licenses to Ministers of Religion to

solemnize marriages and may revoke such licenses

D. The state government may appoint one or more Christians either by name or
by office, to be the marriage registrar of a district. If a district has multiple
registrars, the State government will appoint one of them to be the senior
registrar.
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E. Indian Christian marriages can only be solemnized between 6AM and 7PM
of any day. This clause has some exceptions if clergymen belonging to the
Church of Scotland, England or Rome, authorize a special license.
These laws were implemented during the British Raj, due to which, these
laws are influenced in the interests of the Western Christian Clergies, by
authorising a high level of autonomy.

F. Whenever a person intends to marry, they must provide a Minister of

Religion a notice in writing which contains a form that they desire to
solemnize their marriage.

G. The certificate of marriage will not be issued by the minister until the
intended couple personally meet the minister and declare that there is no
impediment of kindred or affinity or other lawful hindrance to the marriage.

H. Each marriage must have at least 2 witnesses excluding the Minister/

clergyman

I. Christian marriages require the consent of the father, and if dead, the
intended’s guardian, and if there is no such guardian, the consent of the
mother is required, and if the mother is deceased, the requirement for
consent is waived.
Consent is only required if the intended bridegroom/bride is a minor

J. The Father, Guardian or Mother may provide a notice to prohibit the issuing
of the marriage certificate, before it is issued, of the intended couple to
marry. Essentially, the father, Guardian or Mother may cancel the marriage,
depending on the hierarchy of consent.

Explanation:
The system of parental consent is only applicable if the bridegroom is below
the age of 18 years. The hierarchy of consent is listed in the following order;
1. Father’s Consent
2. Guardian’s Consent
3. Mother’s Consent
The minister will only be concerned with the consent of the alive and
available person at the highest level in this hierarchy.

Illustration 4
A, a Christian, wants to marry B, also a Christian. However, C, A’s Father,
Objects to the marriage, and withholds his consent. He provides an issue to
the minister in writing under his hand, and the marriage is cancelled.
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Illustration 5
A, a Christian bride who is of the age of 22, who is considered a spinster,
intends to marry B, a non-Christian, with the approval of the minister,
however C, the Father of A, objects and writes a notice under the writing of
his hand, to prohibit this marriage. However, this marriage is not
prohibited, because A is able to consent, with the Minister’s approval.

Illustration 6
A, a Christian bridge of the age of 16, is intended to marry B, the
bridegroom. While A’s father, C, does not object to this marriage, and gives
consent, A’s mother, D, writes a notice under the writing of her hand,
objecting this marriage. The minister will not entertain her notice, as he will
only consider the father’s consent.

K. Marriages which are not solemnized within 2 months from the reception of a
marriage certificate are void.
When a person requests the certificate of marriage.

2.3 Divorce Act of 1869

The Indian Christian Marriage Act of 1872 has no reference to Divorce, because
the Divorce Act is specifically implemented for it. The Act was Amended in
2001, and the grounds for divorce are essentially the same as the grounds in the
Hindu Marriage Act of 1955.

2.4 Modern Interpretation of the Indian Christian Marriage Act 1872

This Act is conclusively outdated, which can be supported by quantitative and
qualitative analysis. The quantitative analysis would share that it has been 152
years since the commencement of said Act, and the number of Indian Christian
communities has only increased by tens of millions to roughly 28,000,000. By
one and a half centuries our laws and society have become more progressive,
inclusive and feminist. The Qualitative analysis would justify their irrelevancy
by stating, the sexist element of the hierarchy of consent. The father’s consent is
considered more valid than the mother’s, due to their sex. Another argument
would be the requirements of the marriage certificate, entries of the marriage
register and certificate of the receipt of notice.
Men and women are required to enter in their “condition”, such as widow,
widower, or spinster (A spinster is an unmarried woman, usually a woman who
is older than the appropriate age for marriage).

In the actual law, in schedule IV, an illustration is provided where a woman

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named Martha, aged 17, is titled a spinster. These certificates and register
entries insult the dignity and modesty of a woman, as a woman who has not
attained the age to be legally classified an adult, is considered older for
marriage.

The law also is contradictory to The Prohibition of Child Marriage Act of 2006,
which prohibits any kind of marriage for women under the age of 18 and men
under the age of 21.

The Indian Christian Marriage Act however, lays down a strong instruction of
administrative civil procedure. With very specific instruction over the
registration, certificate submission and solemnization of marriage, along with
appointment of Ministers of Religion. There are also clauses pertaining
instruction to falsifying of registers, error in registers.

The law is also difficult to navigate through with confusing and contradictory
sections. While the initial part of the law states that parental consent is required
for the marriage of a minor, section 60 of the Act requires the Woman to be at
least 18 years old, and Man to be at least 21 years old.

The cities mentioned Madras, Bombay and Calcutta have been renamed, with
their territorial limits expanded.

Section 65 of the Act states that no provision of Part VI is applicable to Roman

Catholics, except so much of Section 62, 63 and 65. Part VI includes Section 60
to 65, inclusive.

The legal framing of this sentence is logically fallacious, because most of the
provisions of Part VI which lie in Section 62, 63, 64 and 65 pertain to Roman
Catholics.
Not to mention, Section 60 states the conditions for marriage, which are:
1. a bride must be 21 years of age and a bridegroom must be 18 years of
age
2. and that none of them are betrothed at the time of their marriage.
3. Section 60 also includes a mandated vow to make in the presence of two
witnesses.
This brings legal ambiguity on the conditions for a Roman Catholic marriage in
India.

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While many argue for the scrapping of this archaic yet relevant law, many argue
against it. This because of the comprehensive civil administrative instruction
and procedure, and complex marriage procedure. It grants power and authority
to the Christian Clergy

The Indian Christian Marriage Act also has no chapters or parts which describe
the procedure, grounds and legalities of Nullity of the marriage or Divorce.
For Indian advocates and lawyers who wish to study Christian divorce law, they
must look at a completely different act, known as the Divorce Act of 1869.

3. Special Marriage Act 1954

3.1 Application & Extent
A. The Special Marriage Act applies to the entire territorial extent of India, for
all religions, for the registration of heterosexual marriages. Anyone can
marry under this act, given that they are heterosexual.

B. No persons sharing a relation through blood, full blood, half blood, uterine
blood or adoption can marry. These are known as the degrees of prohibited
relationship.
Definitions:
1. Half-blood: When two people share the same father, but not mother.
2. Uterine blood: When two people share the same mother but not father.
3. Full blood: When two people share the same mother and father.

C. Conditions for Marriage

1. Neither person has a living spouse
2. Neither person is of unsound mind
3. Neither person is unable to consent in consequence to unsound mind
4. Neither person (though valid of consenting) is suffering from serious
mental disorder(s) of such kind and/or extent that they are unfit to marry
or procreate.
5. The two intendeds do not lie in the degrees of prohibited relationships
However, if a custom exists which governs at least 1 person (Either the
husband or wife) that allows a marriage between these degrees of
prohibited relationships, the marriage may be solemnized.

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6. The male is 21 years of age, and female of 18 years of age.

3.2 Procedure for registration of a marriage

A. When a marriage is intended to be solemnized, the parties to the marriage

must give a notice to the district marriage officer(s) in writing of a
specific form.
Marriage officers are appointed by the state government

B. Marriage notices are kept in a book called “Marriage Notices Book”. If

any intended couple dishonour the conditions of marriage, a person may
object to their marriage, not more than after 30 days after the notice was
published.

C. When an objection is made, the marriage officer makes an inquiry into

the objection, and decides whether the marriage be solemnized or not. If
solemnization is rejected by the officers, the couple may contest the
verdict of the officer in a district court.

D. Section 10 of the Act is titled “Procedure on receipt of objection by

Marriage officer abroad” which says that if an objection is made in the
state of J&K, the marriage officer must transmit the objection statement
to the central government, and after the central government decides, the
marriage officer shall act upon the decision of the central government.

E. Before a marriage is solemnised, a declaration must be signed by the

officer, parties intended and 3 witnesses to pronounce a marriage as
official.

F. Marriage may be solemnized in the office of the marriage officer or any

place within a reasonable distance as the parties intended may desire.
However, for the privilege of a desirable place for the solemnisation of
marriage, a fee must be paid by the parties intended.

G. After a marriage is solemnised, a certificate of marriage is signed by at

least 3 witnesses, the two parties married and is kept by the marriage
officer in the marriage certificate book

H. A new marriage notice must be sent to a marriage officer if the parties

whom wish to marry have not had their marriage solemnised after 3
months from the first notice, or 3 months after an appeal to a district court

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where no decision has been made, or 3 months after the central govt
hasn’t provided instruction to the marriage officer.

Registration of marriages in other forms

Say a marriage before or after the commencement of this act, has not been
solemnized, and is not legally recognised, but the couple who have married
through cultural practices, customs, tradition and marriage ceremony, wish to
solemnize their marriage. They may solemnize their marriage by this Act. This
Act allows marriages in other forms to be solemnized. Provided that the wife
and husband meet the following conditions:
A. A ceremony of marriage has been performed between the wife and
husband, and they have been cohabiting since.
B. Neither have a living spouse.
C. Both are of the age of 21 or older.
D. The parties do not fall in the degrees of prohibited relationship.
E. Neither party is an idiot or lunatic
In modern law, the words “idiot”, “moron”, “stupid”, “lunatic”, are not
commonly used as they are seen as derogatory terms. An idiot is someone
who has almost no understanding of how the world works and is unlikely
to increase his understanding of the world, by any extent. The Supreme
Court of India defines an idiot to be someone who can’t count numbers
from 1-20, remember the days of the week, or remember the names of his
parents. A lunatic means a person of unsound mind.
F. In case any marriage that was celebrated before the commencement of
the Special Marriage Act, where any of the conditions have not been met,
the marriage must still be registered.

3.3 Consequences of Marriage under this Act

When a marriage is solemnised under this Act, any party (who is Hindu, Jaina,
Buddhist or Sikh) in that marriage who belongs to an undivided family is
considered to be severed from that family. This means that they will not inherit
anything from the family in case of death of relatives.

When a couple marry under this act, succession is no longer governed by their
religious personal law, but instead the Indian Succession Act of 1925.
Example:
Illustration 7
A, a Hindu, is a part of a Hindu undivided family, and marries B, a Muslim. A
no longer a part of his undivided family. A’s father dies, which means A is not
entitled to any inheritance, since they are no longer a part of that family. A has

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a child with B, named C. when C is at the age of 30 years, A and B die in a car
crash. The property seceded from A and B to C, is governed by the Indian
Succession Act.

However,
If a Hindu, Jain, Buddhist or Sikh, marries another Hindu, Jain, Buddhist or
Sikh, they aren’t considered to be severed from their undivided family. This is
because in early Indian civil law, religious context and Indian colonial law,
minorities such as Jains, Buddhists and Sikhs are often grouped together with
the majority group of Hindus.

Illustration 8
A, a Hindu, is a part of an undivided family, who, marries B, a Jaina, who is
also a part of another undivided family. A is still a part of the undivided family,
and B is also a part of his undivided family. They are entitled to inheritance in
consequence of the death of their relatives. Their succession is governed by the
Hindu Succession Act.

Restitution of conjugal rights also applies within this Act. When either the
husband or the wife has, without reasonable excuse, withdrawn from society of
the other, the aggrieved party may file a petition for the restitution of his
conjugal rights.

3.4 Nullity of Marriage & Divorce

A. If the spouse fails to comply with the decree for the restitution of
conjugal rights
Illustration 9
A, goes to the District Court to file a petition for the restitution of his
conjugal rights, because B refuses to have the marriage consummated,
and has left her marital home. The district court rules in favour of the
petition filed by A. However, B still doesn’t have intercourse with A. This
is ground for judicial separation.

B. When the court grants a decree for judicial separation, it shall no longer
be obligatory for the divorced couple to cohabit. But the court may on
application of a petition made by either party, rescind the decree, on
being satisfied with the truth of the statements made in the petition for
rescinding the decree of divorce.
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C. A marriage is void if –
1. The conditions for marriage were not met
2. The respondent is impotent at the time of marriage and at the time of
filing the petition

D. A marriage is voidable if —
1. The marriage has not been consummated due to the wilful refusal of
the respondent to consummate the marriage.
2. The respondent was at the time of marriage pregnant by some other
than the petitioner.
The court can only grant a decree under this clause, if it is satisfied
that—
a) The petitioner was ignorant of the facts alleged
b) The proceedings were instituted less than a year from the date of
the marriage.
c) Martial intercourse has not taken place since the discovery of the
petitioner for the grounds for a decree of nullity.
3. The consent of either party to the marriage was obtained by coercion
or fraud.
A decree for nullity under this clause shall only be granted if-
a) Proceedings have not been instituted within one year after the
coercion had ceased, or as the case may be, fraud had been
discovered
b) The petitioner has with his or her free consent lived with the other
party to the marriage as husband and wife after the coercion had
ceased, or as the case may be, fraud had been discovered.

E. Legitimacy of Children
Any child who was born in a marriage that has since been declared as null
by decree of nullity, shall still be considered a legitimate child, even if the
child is born before or after the commencement of this Act. Even if the
child is conceived, and born after the date of the decree of nullity, the
child is considered legitimate. However even if the child is considered
legitimate, he is not entitled to, or has any rights to the property of any
person, other than the property of his parents.
Explanation
A legitimate child means a child who was born to a married couple. If the
Couple’s marriage is null, the child is still considered a legitimate child.
Illustration 10
Say A, a legitimate child, who was born after the decree of nullity
between his parents, B and C, was granted. A lived with C, his mother.

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When C grows older till the age of 28, his paternal grandmother, D, dies.
D did not mention any property to be seceded to A in her will or codicil,
-A will not inherit anything from D.
F. Grounds for Divorce
The grounds for divorce are the same as mentioned in the Hindu Marriage
Act of 1956.
Another ground for divorce includes if the husband has, since the
solemnisation of marriage, been guilty of rape. Sodomy or bestiality.

4. Muslim Marriages
No codified law actually governs Muslim marriages, and marriages happen
through customs, but are legally recognised. This is governed by the Shariat Act
1937, which is applicable to the whole of India. These marriages happen by
Islamic customs and Quranic rules, which includes the succession. Islamic
family law in India runs solely on the––
1. Quran (The main religious text of Islam)
2. Hadith (A collection of oral traditions that are said to contain the words,
actions and silent approval of Prophet Muhammad)
3. Ijma (An agreement or consensus of the Islamic community based on an
Islamic legality)
4. Qiyas (Analogical reasoning as applied to the deduction of judicial
principles of the Quran and the Hadith)

Some terms that you must understand on Muslim Marriage Customs––

A. Talaq
Talaq allowed a man to divorce his wife by stating the word talaq, but it
has since been abolished by decree of the Supreme Court of India and via
the Muslim Women (Protection of Rights on Marriage Act) 2019.

B. Khula
Based on Islamic jurisprudence, khula is a procedure that allows a
Muslim woman to initiate the process of a divorce, and consists of the
return of the Mehr.

C. Mubarat
Mubarat is the mutual decision for the dissolution of marriage, by both,
the husband and wife.

D. Mehr
Mehr is a wealth obligation in Muslim marriage, where the groom gives
the bride money, land, jewellery, possessions, home goods, furniture
etcetera.
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E. Ijab
Ijab is the proposal made by a party for solemnizing a marriage between
another party, and if the other party refuses, the proposal is considered
invalid.

F. Khitbah
This engagement whereby the man and woman decide to marry at their
own convenient time. During this time, their families get well acquainted,
and if any party wishes to dishonour the Ijab, they may do so, without
needing for Talaq, Mubarat, or Khula

G. Qubul
Qubul is the acceptance of Ijab.

H. Nikah
Nikah is the formal legal document that solemnizes the marriage of the
bride and bridegroom with Islamic religious authorities and witnesses.

I. Walima
Walima is a wedding reception luncheon custom that happens after the
Nikah and is a symbol of good fortune in marriage.

These customs are followed in Muslim Marriages.

5. Rules of Muslim Succession
Muslim inheritance depends upon the two main branches of Islam, Sunni and
Shia.
As per Sunni Law in India, The Sunni in India mainly belong to the Hanafi
school and are governed by its moral law. These laws try to create a harmonious
amalgamation of customary law and Quranic law. It is important to note that
even though females are included in the Class I of heirs, the agnates are
preferred over the cognates.
Some rules of Sunni inheritance––
1. If the Quranic heir is more in proximity, and was closer to the deceased
than to a customary heir, the Quranic heir gets a share first and then the
residuary is given to the customary heir.
2. If both the Quranic and customary heirs were equally close to the
deceased, the customary heir shall get double the share given to the
Quranic heir.

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3. Even though agnates are preferred over cognates, cognates are still
included in the rules of succession. Uterine brothers and sisters still get a
share, but may be excluded.
In the Hanafi school of Law, the heirs of the intestate are called sharers or
residuaries, and in the absence of both, the estate shall devolve to the distant
kindred of the deceased. And if the distant kindred are absent, it shall
devolve to the State.

As per Shia law in India,

Shia law is guided by the general principles of the Ithna-Ashari law. Quranic
rules are interpreted very freely, unlike the strict interpretation of Sunni law.
Here, Shia law follows per horizontal strip distribution of property amongst
heirs, based on which generational strip they belong to.
The Shia doesn’t prioritise agnates over cognates, but there is a certain
exception where the estate devolves to the blood relations equally, with females
only allowed half the share of males in each class. Therefore, there is no
hierarchy of inheritance in respect to who inherits the estate first between
descendants, ascendants and collaterals. They all inherit side by side.
The right of inheritance of a Shia is based upon 2 categories of relations––
1. Nasab: blood relation
2. Sabab: Special cause, or heirs through affinity, through marriage.

The rule of Spes Successionis

The doctrine of spes successionis is an important rule relating to the transfer of
property. Spes successionis is a Latin maxim that translates to ‘expectation of
succession’. It means a person who is the apparent heir of another person is
expected to succeed to his estate after the death of that person. The rule states
that just because a person is expected to inherit a property after the death of
another person, it does not mean that it amounts to him having an interest in that
property. Thus, mere ‘expectation’ or ‘chance’ to succeed to a property does not
provide him with any legal right over the property.

However, the rule of spes successionis is not recognized in the Muslim law of
inheritance.

Thus, the transfer of spes successionis is considered the renunciation of the

chance of succession. The chance of a Muslim heir – apparent succeeding an
estate cannot be the subject of a valid transfer or release.

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Muslim inheritance law is a very complex law, and can be summarised by the
below following points––
Important: Please note that each fraction refers to a fraction of the share of
estate devolved.
A. A person who wishes to write a will, or, codicil in addition to a will, may
only write the will in such a way, where he dictates the testamentary
succession of only 1/3rd of his assets.
Explanation
In Muslim law, a will can only control 1/3 of the assets of the person. The
rest 2/3rd shall follow the general intestate rules of succession.

B. A wife will inherit 1/4th of her dead spouse’s estate, if she is childless. If
she has children or grandchildren, she shall get 1/8 share of the estate

C. A husband is entitled to half his wife’s estate at the time of her death, and
if she has children, he shall be entitled to 1/4th share of her estate.

D. Sons inherit twice as much as their sisters during the death of a parent.

E. There are six heirs who will always inherit the deceased’s property as
long as they are living; and they are, in no particular order––
1. Husband/wife;
2. Son;
3. Daughter;
4. Father of the deceased;
5. Mother of the deceased.

F. In the absence of siblings, children, grandparents, the succession of

property devolves to cousins, nieces and nephews.

G. A uterine brother gets 1/6th share of the estate, but if there are 2 or more
uterine brothers, they all share 1/3rd of the estate

H. Uterine sister gets 1/6th of a share of the estate, but if there are 2 or more
uterine sisters, they all share 1/3rd of the estate.

I. A sister, gets half of a share of the estate, which is increased to 2/3 rd of a

share of the estate. If a full brother is present, the sister becomes a
residuary, or can be excluded.
Explanation
Residuary is a person who is entitled to the residuary, or, a portion of the
residual estate of a dying intestate or testamentary succession.

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J. The father and the mother automatically receive 1/6th of a share of the
estate with no possible exclusion.

6. Hindu succession Act 1956

6.1 Application & Extent

A. The Act applies to the whole of India except J&K, and applies to the
same people to whom the Hindu Marriage Act applies. This includes
Hindus, Jains, Buddhists, Sikhs.

B. Hindus. Jains, Buddhists and Sikhs who marry other Hindus, Buddhists,
Sikhs and Jains under the Hindu Marriage Act, or the Special Marriage
Act, both follow this succession law.

6.2 Intestate succession

Intestate succession means succession of property that is not regulated by
a will, or a will and codicil. A will is a legal document that outlines how a
person’s assets and property should be distributed after their death. A
codicil is a document made in addition to a will that adds, changes or
removes certain provisions from a will, which means a codicil cannot
independently exist without a will.

A. Both, a son, and daughter, in a Hindu undivided family, have an equal

right to coparcenary property, and become coparceners by birth. They are
also subject to the same liabilities in respect of the same coparcenary
property as that of a son.
Explanation
“coparcener” is a person who has a legal right to ancestral property by
birth and is a member of a Hindu undivided family. A coparcener is a
person who shares equally with other in inheritance of an undivided
estate or in the rights to it

B. There exists a specific chain of succession in respect to intestate

succession. This is in the form of classes. Classes are ranked by
numerical value, and there are 2 classes, Class I and class II. They are a
list of blood relatives, or relatives by adoption.

C. The property of a dying Hindu intestate devolves upon the heirs, being
the relatives of class I.
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D. If there is no heir of class I, the property shall devolve to class II\

E. If there are no class I or II heirs, the property shall upon the agnates of
the deceased

F. If there is no agnate, it shall pass upon the cognates of the deceased.

G. If there are no cognates, it devolves to the government, as there are no

claimants.
Explanation of cognates and agnates
An agnate is a person whose lineage can be traced wholly through males
by blood or adoption, in that family.
A cognate is a person who is related to another by blood or adoption,
whose lineage is not traceable wholly through males.
Illustration 11
‘A’ is the son of ‘B’, who is the son of ‘C’. Essentially A’s father is B, and
his grandfather is C. A is said to be the agnate of C, since his grandfather
C and him are related through a male, B. In this illustration, even if A is
a woman, she can be the agnate of C. Agnates can be female or male.

Illustration 12
‘A’ is the son of ‘B’ who is the daughter of ‘C’, and C is the grandfather
of A. A’s mother is B, and A’s grandfather is C. A is said to be the
cognate of C, since they are related by a woman, who is B.

H. The property is distributed among heirs in class I of the schedule by the 4

rules below
1. The intestate’s widow, or if there are multiple widows, take 1 share.
2. The surviving sons and daughters and the mother of the intestate shall
each take 1 share.
3. The heirs in the branch of each pre-deceased daughter or pre-deceased
son of the intestate shall take between them one share.
A) Among the heirs in the branch of the pre-deceased son shall so be
made that his widow(s) and the surviving sons and daughters get
equal portions.
B) Among the heirs in the branch of the pre-deceased daughter, the
daughters and sons of the pre-deceased get equal portions.
Explanation
pre-deceased daughter or son, means a daughter or son who has died
before the death of the Hindu dying intestate.

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Illustration 13
A has 2 children, B and C, both daughter and son respectively. B and
C die in a car crash, during the natural life time of A. B and C are
considered as the pre-deceased son and daughter of A.

6.3 Provisions for the intestate succession of property of a

woman

A. A woman’s property is her absolute property, and it shall be held by her

as a full owner, and not a limited owner.
This doesn’t apply to property acquired by way of gift, a will, or any
other instrument, or under a decree or order of a civil court which
awards such property, estate or any such property.

B. A female Hindu’s estate devolves by the following primaries

1. Firstly, upon the sons and daughters of the female Hindu (including
the children of the predeceased sons and daughters of the female
Hindu)
Illustration 13
A, a female Hindu, has 3 sons, B, C, and D. D dies due to skin
cancer. D at the time of death has 2 daughters, E, and F. 20 years
after D’s death, A dies due to ovarian cancer. Here, her property
shall devolve to her sons, and Granddaughters, because her son ‘D’
is predeceased.
2. Secondly, upon the heirs of her husband
Relatives of the Husband
3. Thirdly, upon the mother and father
4. Fourthly upon the heirs of the father
5. Lastly, upon the heirs of the mother.

C. Rules of succession under (B)

Property inherited by a female Hindu from her father, mother, husband,
father in-law, shall devolve if the son or daughter of the deceased are
dead or absent, and if there are no children of the predeceased son or
daughter.

D. Order of Succession
1. The heirs of class 1 (Sons and daughters) in intestate succession are
preferred, of the intestate.
2. If the son or daughter are dead (predeceased), the predeceased sons
and daughters shall equally divide the share owed to the predeceased.
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6.4 General Rules for Succession

A. The law states that heirs related to an intestate by full blood shall be
preferred over those of half-blood. This applies to the succession of
property of a male or female Hindu.
Explanation––
half-blood means two people who descend from a common ancestor but
different mother.
‘ancestor’ here refers to a father.

B. If a child is carried in the womb during the death of the intestate, his right
to the property shall still be considered, and he inherits the property.

C. Any person who murders the intestate, is disqualified from inheritance.

Any person who converts his religion, is disqualified from inheritance.

D. The Hindu succession Act allows a Hindu to devolve the entirety his/her
property in any way they wish to by using a will. However, if they die
without a will, the laws for intestate succession are prescribed in this Act.

7. Christian Succession Law (Indian

Succession Act 1925)

7.1 Application & Extent

This Act applies to the whole of India, to all Christians, Parsis, Hindus
(Testamentary succession), and this Act excludes Muslims (Section 58 of the
Act explicitly excludes Muslims).

7.2 Intestate Succession Law of Christians

A. If the deceased has a surviving spouse, they receive 1/3rd of the assets,
and if the spouse is the sole heir, they receive all the assets of the
deceased.
Explanation
Sole heir hear means that the surviving spouse and dead spouse had

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no children, or living children at that time and no other distant

kindred.

B. If the surviving spouse has children, 2/3rd of the assets of the deceased
are split equally between the children. If the child of the deceased is
predeceased, the predeceased child’s children shall inherit his share.
Explanation–– the predeceased child’s children, are the deceased’s
grandchildren in this case. Let us understand this further by the
fourteenth illustration

Illustration 14
Andrew is the son of Matthew, and has two twin daughters, Rafaella
and Daniella. This means that Matthew is the grandfather of Rafaella
and Daniella. Andrew dies 20 years after the birth of his daughters.
Rafaella and Daniella both inherit 1/3rd of their father’s assets, with
their mother also inheriting 1/3rd of their father’s assets. 10 years after
the death of Andrew, Matthew dies. Ideally, Matthew would have
shared a part of his assets with Andrew, but Andrew is predeceased.
This means that Rafaella and Daniella equally share Andrew’s ideal
inheritance. In this specific case too, Rafaella and Daniella are the
agnates of Matthew, so they will be preferred in the case of
inheritance over their mother.
(An agnate is a person whose lineage can be traced wholly through
males.

Illustration 15
A is the son of B who is the son of C. A is the cognate of C, because his
lineage can be traced wholly through a male, who is B.)

C. If the deceased has no children or lineal descendants, the surviving

spouse receives ½ the assets of their deceased spouse, and the other half
devolves to the distant kindred, which are relatives that have descended
from a common ancestor.

D. Certain exclusions and inclusions––

1. Christian law does not recognise children born out of wedlock
2. Christian law treats adopted children as natural born children in a
marriage and have the same interest in inheritance and succession as
their naturally born siblings.
3. Polygamous marriages are not recognised in Christian law.

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Past Attempts at implementing a UCC

7.1 Mohd. Ahmed Khan v. Shah Bano Begum
Commonly referred to as the ‘Shah Bano Case’, was a controversial divorce
maintenance lawsuit fought in the Supreme Court of India in 1985. In 1932,
Begum married a well-known affluent advocate in the city of Indore and she
had five children with Ahmed Khan. After 14 years, in 1944, Khan took a
younger wife. In 1978 April, Khan stopped giving begun ₹200 per month as
maintenance to Begum. Begum then decided to file a case against her ex-
husband Khan, with a demand for ₹500 per month as a monthly allowance to
sustain the livelihood of herself and her children, against Section 125 of the
CrPC. In 1978 November, Khan gave an irrevocable Triple Talaq to Begum,
and they were divorced under Islamic law. He did this because he believed that
since Begum would no longer be his wife, he would not be obligated to provide
maintenance to Begum. In August of 1979 the court directed Khan to pay
Begum a monthly amount of ₹25, which was revised to ₹179.20 as per the
decision of the High Court of Madhya Pradesh through a revisional application
filed by Begum, on 1st July 1980. This revision led Khan to file a petition in the
Supreme Court of India, claiming that Shah Bano Begum was no longer his
responsibility, and he entered into a second marriage which was permitted under
Islamic Law. The Application was accepted by a two-judge bench, which was
referred to a larger bench of 5 judges of the Supreme Court. In this case, the All
India Muslim Personal Law Board and the Jamiat Ulema-a-Hind joined the case
as intervenors. On 23rd April 1980, the five-judge bench unanimously dismissed
the appeal, as they claimed that there is no contradiction between section 125 of
the CrPC. The Supreme Court bench held the Quran as the greatest authority on
this subject, and included religious authorities in the decision, and the Supreme
Court held that there was no doubt that the Quran imposes an obligation on the
Muslim Husband to provide maintenance for a divorced wife who is unable to
maintain herself.

The Supreme Court of India then called upon the Lok Sabha to begin
constructing a UCC in 1985.

7.2 Sarla Mudgal v. Union of India

Sarla Mudgal was the head of the NGO ‘Kalyani’. In the case Sarla Mudgal v.
Union of India, one petitioner named Meena Mathur, caught her husband
Jitender Mathur, had converted to Islam, and married another woman named
Sunita Narula, whose alias was Fathima. The conversion to Islam was

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performed to try to circumvent committing a crime under Section 494 of the

IPC, which punishes bigamy. The court held that the first marriage would have
to be dissolved under the provisions of the Hindu Marriage Act, and the second
marriage was void under the punishable offence of bigamy.

The Supreme court of India then called upon the Lok Sabha to begin
constructing a UCC in 1995.

7.3 John Vallamattom v. Union of India

In 2003, John Vallamottom filed a writ petition claiming that section 118 of the
Indian Succession Act, was discriminatory to Christians. This section poses
certain restrictions on the bequeathment of property for religious and charitable
purposes for Christians, Thus Vallamottom filed a writ petition in 1997 and the
statutes and provisions of this petition were articles 14, 15, 25, 26 of the
Constitution of India. The judgement of this petition was pronounced by the
Supreme court, who deemed section 118 to be unconstitutional under article 14
of the Indian Constitution.

This case is considered as an important study in the argument for a UCC.

7.4 Shabnam Hashmi v. Union of India

In 2005, Shabnam Hashmi filed a writ petition to be legally recognised as the
parent of his adopted daughter, Seher Hashmi Raza. Hashmi had taken Raza
into his custody 1 year after her birth in 1996 because her biological parents
abandoned her. This case highlighted controversies because many religious
personal laws, specifically Christian, Muslim, Parsi, Jewish person laws, have
certain prohibitions in the concept of adoption. Shabnam Hashmi was a Muslim,
and wasn’t allowed to adopt. However, the Juvenile Justice (Care and
Protection) Act 2000 allowed anyone (with certain quotas) to adopt a child,
regardless of their religion. The Supreme Court passed a ruling in the best
interest of Seher Hashmi Raza, and declared Shabnam Hashmi to be the legally
recognised parent of his adopted daughter.

7.5 Shayara Bano v, Union of India

In 2017, the Supreme Court of India passed a landmark ruling, which declared
Triple Talaq to be unconstitutional. The ‘nikah’ (marriage) between the
petitioner (Shayara Bano) and the petitioner’s husband (Rizwan Ahmad) was
solemnized on 11th April 2001, as per Shariat.

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They have two children, a son and a daughter. On 10th October 2015 Rizwan
Ahmad divorced his wife through the practice of talaq-e-biddat or triple talaq or
instant talaq (in the presence of two witnesses he said that I gave ‘talak, talak,
talak’).
Petitioner filed a writ petition at the Supreme Court (SC) in February 2016
challenging the constitutional validity of talaq-e-biddat (triple talaq).
The contention of the petitioner was that this type of divorce (talaq) is violative
of fundamental rights and further argued that these practices were not protected
under Articles 25(1), 26(b) and 29 of the Constitution.

The Supreme Court ruled in favour 3:2, that Triple Talaq was unconstitutional,
and wasn’t protected by article 25(1).
Justice Kurian Joseph in his concurring opinion stated that “what is bad in
Quran cannot be good in Shariat, and what is bad in theology is bad in law as
well

7.6 Conclusion
These are just a few of the cases, but in truth, an exponentially higher number of
cases have been dealt with that have sparked the UCC debate, where courts pass
controversial rulings that clash against Family laws, statutory laws, morality,
etcetera.

A UCC may not be the answer, and the answer may lie in the strengthening and
centralisation of religious family law. The rulings passed by the High Courts of
India and the Supreme Court of India on such cases, give the people of India an
insight, or an interpretation, of the meaning of constitutional law, family law,
and the morals of the State.

It is imperative to pass modern codified family law, be it uniform for all citizens
or not, which matches the morality of the State, Society and Religion, to ensure
the safety of families in a legal context, Such as centralised Hindu Law,
centralised Muslim law, centralised Christian law, and so forth.

Currently, no codified Muslim laws exist in India, which causes difficulty in the
rulings of cases which consist of Muslim family law, that is sourced from the
Quran.

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AIPPM Background Guide || Xq` Bfvo – qq` Bivq || You become what you believe

Summary
Indian succession, inheritance and marriage laws are all different on the basis of
religion, and these laws have been sourced and created on the basis of archaic
religious texts, modern societal beliefs, religious practices, culture, morality and
other concepts. It goes without saying, that the fabric of family law in India is
extremely delicate, and any amendment must be carried out mindfully keeping
in context the beliefs and morality of society and religion, jurisprudence, and
equality.

The solution to the question of family law in India may be a Uniform Civil
Code, or centralised religious family law. While in the literal sense of civic
duty, the choice is yours, but in reality, this choice lies with the people of India.
The State should uphold the beliefs, interests and national ideas of the people,
and in furtherance carry out these beliefs, interests, and ideas through law,
public policy and government action.

As evident in this document, civil law is vastly different based on religion, and
some laws are outdated, which do not fit the morality of modern society.
Amendment, or substitution of law, is your prerogative in this committee.

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AIPPM Background Guide || Xq` Bfvo – qq` Bivq || You become what you believe

A Few References
[Link] (
(Concise Family Law)
[Link]
Family%20Law-%20I_LB105_2023.pdf (Family Law)
[Link] (Family Law)
[Link]
/uploads/2024/07/[Link] (the constitution of India)
[Link]
in-India (Concise Family Law)
[Link]
Civil-Code-A-Critical-Analysis-of-Uttarakhand-s-Landmark-
Legislation (UCC of Uttarakhand)
[Link] (Muslim Divorce)
[Link]
[Link] (Parsi Family
Law)

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AIPPM Background Guide || Xq` Bfvo – qq` Bivq || You become what you believe

QARMA
Questions a resolution must answer (QARMA)––

1. What are the potential economic and social impacts of implementing a

UCC, and how can they be mitigated?

2. How should disputes arising from the implementation of the UCC be

resolved?
3. How can the UCC be made flexible enough to accommodate future social
and cultural changes?

4. How should the UCC handle cases of inter-religious marriages and the
associated personal law conflicts?

5. How can the UCC ensure every caste, gender or religion is given equal
status?

6. What legal safeguards should be included in the UCC to protect

vulnerable groups?

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