99.8% in favour of Uniform Civil Code, reveals survey

Jalandhar, June 28

Amidst the ongoing controversy over Uniform Civil Code (UCC) in the country, the Centre for Policy and Research (CPR), a registered society in St. Soldier Law College, has conducted a survey on the need for it and its connected matters with a view to submit its findings to the Law Commission of India.

233 respondents

• The sample of the survey included 143 Hindus, 66 Sikhs, 10 Christians, 10 Muslims, two Buddhists and two Jains
• A total of 233 respondents answered the questionnaire having 37 questions pertaining to the views on having the UCC
• Findings would be submitted to the Law Commission of India
• On same-sex marriages, 94.4% people said that these should not get any legal recognition. Same was the view with regard to giving legal recognition to live-in-relationships

A team of five teachers and four students conducted the survey under the guidance of Dr SC Sharma, Director of CPR. A total of 233 respondents answered the questionnaire having 37 questions pertaining to the views on having the UCC, its subject-matter and responses on matters related to marriage and divorce, inheritance, adoption of children, maintenance and same-sex marriages/live-in relations.

The sample of the survey included 143 Hindus, 66 Sikhs, 10 Christians, 10 Muslims, two Buddhists and two Jains. Of these, 148 were females and 85 males with educational qualifications ranging from illiterate to PhD in the age group of 20s to 70s.

The survey has revealed many interesting and progressive views of people of different religions. It showed an overwhelming support in favour of having UCC (by 99.8 per cent) respondents including from Muslim community, which should include provisions on marriage and divorce, adoption, maintenance and succession.

All those in favour of UCC wanted monogamous marriages, making registration of marriage compulsory, keeping prohibited degrees of relationship for marriage to be prescribed by the family or community customs.

On grounds of divorce, all the respondents accepted cruelty as a ground and majority of them agreed on adultery, desertion, insanity of the spouse, renunciation of world, and presumption of death from long absence of a spouse. On adding irretrievable breakdown of marriage, 79 per cent respondents agreed. All agreed that court must procure mediation services to avoid divorce before passing the decree. Majority of 83 per cent respondents wanted that restitution of conjugal rights should be a provision in UCC.

On the point of inheritance/succession, an interesting view surfaced that daughter-in-law instead of daughter be given right of succession (71.5 per cent respondents supported) with her obligation to maintain her father-in-law and mother-in-law if they are without means and she is widowed.

In case of individual property also, the majority view (61.69 per cent) was that father/mother should not have free discretion to give individual property to anyone he/she likes but it must go to the heirs mentioned in UCC.

On adoption, the majority view (78%) was that adoption of a child must be only through court, maximum age of child to be adopted should be less than 10 years (46.22% for below five years and another 10.3% for 10 years, 26.64% asking for 14 years and others in favour no age-bar). A majority of 74.3% respondents wanted that the if adoptive parents have their natural children, it should not be a legal bar for adoption of another child. All respondents wanted registration of adoption must be mandatory.

Interestingly, 64.49% respondent favoured that UCC must provide for taking back the child given in adoption under some extraordinary circumstances and it must be through the court of law. On the point of maintenance, a thin majority of 52.34% respondents expressed that husband should be bound to maintain his separate living wife and wife should also be obliged to maintain her husband if he is non-earning. Majority opinion of respondents (83.2%) was that a husband should not be bound to maintain his divorced wife if she remains unmarried. Father-in-law/mother-in-law should maintain the widowed daughter-in-law and her children and daughter-in-law should maintain her father-in-law and mother-in-law who are without means. Sons should maintain their parents if they do not have an earning (6% viewed that they should maintain even if parents have independent earning).

On same-sex marriages, an overwhelming response (94.4%) was that these should not get any legal recognition. Same was the view with regard to giving legal recognition to live-in-relationships.