386-----The Uniform Civil Code -the Need of the Hour

(with malice towards one and all-Khuswant Singh)

Topic of the Week

The Uniform Civil Code -the Need of the Hour

B. Kriplani during the parliamentary debate on passing of Hindu Code Bill, 1955 spoke in the Parliament very candidly“ It is not the (Hindu) Mahasabhites who alone are communal; it is the government also that is communal, whatever it may say. It is passing a communal measure. I charge you with communal-ism because you are bringing forward a law about monogamy only for Hindu community. Take it from me that the Muslim community is prepared to have it, but you are not brave enough to do it.”

The controversy in actuality began from that period. It is not so,that the Hindus followed monogamy .Prior to 1955,they also had wives more than one ,though not general. But after the Hindu code Bill came into existence in 1955,the people understood its importance and accepted it .The females in the Hindu society are more safe and secure. Thinking of second marriage is self defeating point now a days, Hence our sisters and wives enjoy what we call freedom and liberty on general scale. "After all we have got our Personal laws codified and that to with diversity like separate Hindu Marriage Act, Succession Act etc. Surprisingly this codification is still afar in many a cult ,religion and Muslims follow” the interpretation of Sharia in this matter. The analogy is generally drawn that the codification of Hindu laws formed in 1955 have brought unity among all the sub-sects of Hindus, castes and cultural groups can solemnize their marriage according to their own'customs and usage' and the law accepts the same way the codification of all religious laws into a UCC will unite India and this is true too in the present context too."

The stability in the relationship is seen on a large scale.

“Uniform civil code is the proposal to replace the personal laws based on the scriptures and customs of each major religious community in India with a common set governing every citizen. These laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance “i

Article 44 of The Constitution of India says that State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India. UCC will work amazingly in favor of India, we have to take a realistic approach while working on how it will be 'drafted' and 'implemented'. The Govt have come forward and at the behest of Hon’ble Apex Court ,the Govt have taken the steps too and what happens shall be decided in the coming days too.This is the need of the hour too that we can not remain in the democratic and progressive nation like India with two laws or thereby disturbing the very equilibrium of the society at large.What shall happen,if other religions too jump in it and straightforward deny to accept merely on the ground that there can be two laws for two communities on the subject like Marriage and divorce.Some people claim that there shall be choice in such matters .For some times ,if we accept the Muslim Personal Board ‘s apprehension that their freedom shall go ,then why only male enjoy ,why not women ? On this question,there is silence.Ultimately ,the sufferer is the woman. The vote bank politics has reached to this level that even the issues related to national interest fall a prey and fail to get passed on time .Not only so, this happens only with one community and not in the case of others .

,Now for the clarity of the points lets understand by examples as narrated (Excerpts taken from wiki)

”Justice J B Pardiwala in the order passed on December 2, 2014 said that according to the Muslim Personal Law, a Muslim girl, if she attains puberty or completes the age of 15 years, is "competent" to get married.

In Islam, a girls age doesn’t matter. If the girl hits puberty (which can happen as early as, say, 11 years old), she is marriageable. Even No bar or restriction is on to be married a 6 year old and consummate the marriage when she was 9 years old.

“About Divorce, Triple Talaq system is heavily misused by the male members of Muslim community. “I divorce you, thrice” and that ‘s all.

• Some do a "triple ṭalāq", in which the man says in one sitting "I divorce you" three times (or "I divorce you, three times", "you're triple divorced"). Many Islamic scholars believe there is a waiting period involved between the three talaqs, pointing to Quran 65:1and various hadiths. However the practice of "triple ṭalāq" at one sitting has been "legally recognized historically and has been particularly practiced in Saudi Arabia."[1]” Timeline saw sharp dwindling of polygamy among Muslims

• (polygamy was prevalent among Hindus, prior to 1955 ) due to literacy, change in the living standards, urbanization etc.

• Triple talaq was not the plight of Muslim women but our patriarchy forced such unjust practices on them. Women are not dumb and they, getting educated have challenged the unfair systems.

• Differing personal laws didn't affect much (as few paranoid majoritarians cried) in 68 years post independence but the mindset of people changed considerably.

Every religion has many goods to take. Uniform civil code, unlike the disbelief that Hindu laws would be imposed, will be a common fabric woven with the positives from all religions while discarding their odds.”

Even while talking about “ A doption was made illegal in Islam

And he has not made your adopted sons your [true] sons. That is [merely] your saying by your mouths, but Allah says the truth, and He guides to the [right] way. Surah Al-Ahzab [33:4]

About maintenance, it is the duty of husband to take care of his partner. But under certain marriages, maintenance rights is not part of marriage contract. Nikah al-Misyaris a form of Islamic ------------- where two people can get married temporarily for sexual gratification. There’s no right for maintenance money under this. Shia Islam has similar concept named Nikah mut‘ah

About inheritance law, Allah has clearly ordered what to give to who in Surah An-Nisa [4:11-12]. As per Islamic Inheritance Calculator, if you have a wife, a son and a daughter, this must be how you distribute your wealth - 1/8 for wife. Of the rest 7/8, son gets 2/3 and daughter gets 1/3. i.e, son gets double. This chaotic situation is the result of religious laws governing matters relating to marriage, divorce, succession, inheritance, maintenance etc.”

After all ,The question of uniform civil code had been raised time and again since independence but post supreme court judgement in 1985 on “the maintenance ,a divorced Muslim woman would be entitled to receive”, this question has acquired a distinct communal overtone."

the tale of Shah Bano case IS BEFORE ALL------

But before we come to the judgment, let us briefly have a look at the constitutional provisions relating to religious freedom, secularism and supreme court interpretations of the same.

Art 15– No discrimination on grounds of religions, race,caste, sex, place of birth only.

Art 25– Freedom of conscience and free profession, practice and propagation of religionsubject to reasonable restrictions on the grounds of public order, health and mortality.

Art 25 (2) provides for regulating secular activities associated with religious practices and social welfare and reform.

Art 26– right to establish and administer religious institutions.

Art 27– Prohibit state from levying tax proceeds of which are used for the benefit of a particular religion.

Art 28– deals with issue of religious instruction in educational institutions.

Art 44- A DPSP provides for uniform civil code

CAA 42nd inserted secularism in preamble.

In S.R.Bommai vs Union of India case, supreme court held secularism as a basic feature of the constitution.

Indians resisted British attempts to change their religious and customary practices and British realized it the hard way with various sporadic localized revolts and massive mutiny of 1857.

There are some people who cry and make much hue that India is a secular state and Secular means that the state shall not favor any religion ,than, why this line of demarcation is drawn, One community’s religious laws though of bygone era shall be followed ,while others can not do so.the opposition does not have the answer and do not comment for the fear of losing the vote bank. After all, the ancient laws framed and “codified and conventional, were drawn by a largely gender insensitive society, and thus were harsh on women, treating them as secondary citizens. This was as true in India, as elsewhere too.”

If we get to the bottom of the problem, no body comes forward to listen to the problems of the sufferer; for example the case of Subnem from Bareilly opens our eyes .Her husband was drunkard ,She pressurized her not to drink ,but she heard her husband uttering three times talaks and the that woman was left to suffer at her fate, Now the question arises ,who shall take care of her family. Another example, we have heard from a person in Bihar who was working abroad. When he heard her wife giving the birth to a female baby ,he uttered talaks three times over the mobile and the lady was left to suffer at her fate. Even,a girl sleeing found her husband giving three talaks at a time .The example of this nature shows and confirms that the those people who talks in the term of equality ,fails here and those believer in the Constitution do not follow its spirit .After all, Had India been running on the wishes of the religious leaders from all the side ,if would have been successful in imposing their will. But this is not so. The country is being run and controlled through the constitution. The IPC and CRPC control the system .Another interesting thing to note is this ,the constitution imposes the punishment through its legal agencies and then there is not the encroachment on the religion of any one and leaving the women to suffer this way is seen the interference by the Govt. Even in the country like USA, though laws of two type exist ,but in the cases of marriage ,they too follow the process through the law. “Apart from being an important issue regarding secularism in India, it became one of the most controversial topics in contemporary politics during the Shah Bano case in 1985. "The debate then focused on the Muslim Personal Law, which is partially based on the Sharia law and remains unreformed since 1937, permitting unilateral divorce and polygamy in the country. The Bano case made it a politicized public issue focused on identity politics—by means of attacking specific religious minorities versus protecting its cultural identity.”

Even if we come to the only religious countries like Pakistan; the fourth dangerous state in the world, Iran, etc. ,only divorce is through the law and its established procedure. Then, A country like India where there is ethnic diversity and religion is not the state subject but individual, can not be run on the whims and attitudes of political parties leading to a state of Civil war ,if situation like this persist in. This is the high time ,we have to rise above petty matters and what is envisaged in the constitution needs to be implemented .This is also very heartening to note that the voice is raised from within and women organization have taken it in their hands and every body is to support it.

Goa has a common family law, thus being the only Indian state to have a uniform civil code.

The Special Marriage Act, 1954 permits any citizen to have a civil marriage outside the realm of any specific religious personal law. But to our surprise ,what we find in reality is this,-“

1. It’s lawful for a Muslim man to keep more than one wife

2. It is unlawful for a Hindu man.

3. Of course no woman Hindu or Muslim can have more than 1 husband in our patriarchal society.

4. Hindus can form an undivided family (HUF) to manage their assets better and in the process reduce their taxes but not Muslims or Christians. Is this a matter or law talking in terms of equality ,In Independent country like India, why is this a line of demarcation drawn.

5. Christians can’t file for divorce before completion of 2 years of marriage while other communities can do so after 1 year of marriage.

6. Christian women get no share in the property of deceased children while different rules apply to other communities.

7. We are secular state ,then, laws equal is the need of the hour.

8. After all, the burden on legal system shall go down, for equal laws for equal people.

9. It will promote the unity within diversity

10. The former Govt in power played the politics of caste ,creed and culture and left no stone unturned in promoting the hatred amongst the people.

11. In other countries ,we see people discussing the Health matters, poverty ,employment generation scheme, here we see most of the petty subjects. The present govt have come with a new agenda of Development and it is the need of hour.20m crore people sleep hungry. This is not the burden on the country. No body find and go for solution

12. Better laws will come into existence, for the society shall run on the path of equality and freedom for all.

13. The women shall gain their place of respect in the society, It will not be an easy scheme ,then, to get divorce.

14. The future of children for all shall be safe and secure, No matters relate too maintenance or other issues.

15. India is the second largest country with heavy population, it will bring the population under control. The strong will is shown by Bangladesh ,successfully working on the programmes to control population.

16. The fear for the Civil war as percolates today shall be stopped.

17. After all ,the Apex court shall decide the matter, may be referred to larger bench and giving opportunity to all for their suggestions and apprehensions.

18. In the modern age, the ethnic diversity is the key to successful co-existence, the state dependent on laws olden like Pakistan are emerging as failed state.

Supreme Court

The Supreme Court with a bench of Honble Justices Vikramjit Sen and Shiva Kirti Singh on Monday, October 13, 2015 have asked the Solicitor General of India, to seek the view of the Government towards their will to implement the Uniform Civil Code and has taken the Govt stand.Everyone talks of the need of Uniform Civil Code but none has the will to say and speak freely, though enshrined in the constitution.The heartening thing is this that the women themselves have come forward and maulanas being scolded by a social worker on TV ,This shows that the women have come forward after the long period of their suffering.This must be passed immediately.Shia community has alredy declared for the support.

After all,the people have faith in the Apex Court even in serious matters ,so we should put forth our views and get it decided for ever.Article 14 talks of freedom and with equality, in this era ,Both man and women are on the same footing.

(Archna and Raj)