UNIFORM CIVIL CODE Supreme Court Same Sex Marriage

By Neha Bhardwaj July 23, 2023 1:17 AM IST

Uniform Civil Code: At present, there is an atmosphere of discussion all around in the country regarding the Uniform Civil Code. Many people are in favor and many are against. Apart from this, many people are unable to understand it. Especially the Muslim community is in protest.

Uttarakhand has announced to bring it here. After which the Muslim community there also started protesting. Its real picture will be revealed only after the implementation of UCC. The biggest question here is that in UCC same sex marriage What will be the arrangement for and how will it be?

What will be the provisions for such marriage: In this regard, Professor Faizan Mustafa of Aligarh University, a legal expert, believes that the Uniform Civil Code is the need of the hour. It should not be implemented all over the country at once. To be implemented in some states first. It should be taken forward only after seeing its results.

Not only this, they also believe that there will be many problems in this. For example, what will be the provision for same gender marriage in UCC? Will marriage between two men (Gay) and between two women (Lesbian) be recognized?

Not only this, a bigger problem will arise regarding the lesbian, gay, bisexual, transgender, queer (LGBTQ) community. It will not be easy to decide what will be the provisions in UCC for them.

What will happen to the children after marriage? If these marriages are recognized by law, then what will be its definition in the society, how will any society see it, after this, if their children (adopted) are adopted then how their rights will be defined, like whose name will go in place of parents in school.

Who will be the husband and who will be the wife, how it will be determined in the law, it will be necessary because there are problems in the distribution of property after the absence of the parents. Even now it comes in both Hindu law and Muslim law. That is why there is always a need for amendment in the law.

Same sex marriage case pending in Supreme Court Hon’ble Supreme Court same sex marriage The matter has been going on for a long time. The decision on that is yet to come. The central government had also written letters to all the states in the last month of April to know their opinion on same-sex marriage. Out of which most of the states have not yet sent replies.

Three State Same Sex Marriage Against: Three states Rajasthan, Assam and Andhra Pradesh are against such marriages. They believe that it will have a wrong effect on the society. Four states Maharashtra, Uttar Pradesh, Manipur and Sikkim have asked for some more time to think about the matter.

A five-member bench headed by Chief Justice DY Chandrachud is hearing the same-sex marriage case. Tushar Mehta, the Solicitor General appointed by the Central Government, is arguing in this matter.

Also read: UCC Issue: Why Law Commission started consultation process on Uniform Civil Code? Government told in Parliament