Thursday 18 December 2014

Shariat courts, khap panchayats and uniform civil code

Laws are divided into two broad categories of civil and criminal laws. While criminal law deals with the actual crimes or violation of law, civil law deals with a number of issues dealing from property matters to personal laws. India has a uniform criminal justice system that means that a person will be meted out with same punishment for a criminal act as another irrespective of their religious beliefs. A Muslim is not punished under shariat law nor a Hindu under ancient Hindu law. All are pubished under the same criminal law.
India does not have a uniform civil law to deal with matters of marriage, divorce, inheritance, adoption and maintenance and these are covered under personal laws. There are different laws dealing with these matters governing people based in their religion.
India has a definite criminal justice system and all matters of criminal activities are to be dealt by it. The shariat courts and the khap panchayats have no authority to even interfere in matters of criminal justice. These are to be handled by the designated courts created under the Constitution of India.
Article 44 of the Constitution of India provides for a uniform civil code to be formed. This code will deal with the matters of marriage, divorce, inheritance, adoption and maintenance and not with criminal justice.

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