Why in news?
In its recent consultation paper, the Law Commission proposed certain reforms in family laws.
Mere existence of difference does not imply discrimination, but is indicative of a robust democracy.
What is the Commission's stance?
- The Law Commission has rejected the case for a uniform civil code merely for the sake of uniformity.
- It instead, calls for establishing a body of civil law.
- This is intended to promote equality within the law governing each community.
- In other words, it advocates the removal of discriminatory provisions in the law.
- This would address the gender bias and other forms of existing discrimination.
- These may relate to aspects such as marriage, divorce, succession and adoption in all religions.
What is the marriage age proposal?
- The Law Commission has advocated making 18 the marriageable age for all communities and genders.
- The age of majority and the age of voting, among other indicators of adulthood, stand at 18.
- Given this, there is no rationale for differential treatment in the case of marriage age.
- The present age of 21 for men merely affirms the stereotype that the wife should be younger.
What are the other recommendations?
- Some of the other recommendations with regards to personal laws include:
- decriminalising adultery
- making adultery a common ground for divorce
- simplifying the ‘no-fault’ divorce procedure
- introducing ‘irretrievable breakdown’ as a ground for dissolving any marriage
- The panel also suggests abolition of the 30-day notice period for civil marriages.
- This is to prevent its misuse by those against inter-caste and inter-religious marriages.
- It also suggests division of property equally after divorce.
- Besides, it recommends removal of illnesses that can be cured or controlled from possible grounds of divorce.
Why is it reasonable?
- The Law Commission’s advice to end discrimination in personal laws is a welcome step.
- Changes have been put forward to give equal treatment to children and parents of any gender.
- As per the juvenile law principle, the child’s best interest is the ‘paramount consideration’.
- This has been taken up by the Law Commission for universal application.
- The Commission's stand against the Uniform Civil Code is against the Directive Principles of State Policy.
- However, in a world that increasingly emphasizes on cultural diversity, this is justifiable.
- It has upheld equality, non-discrimination, avoidance of taboos and social assumptions.
- These are universal principles that are applicable in equal measure within every community’s set of laws.
Source: The Hindu