Saturday 28 July 2007

Why India need a Uniform Civil Code?

What does our Constitution say about this? In article 44, our constitution clearly specifies this: "The State shall endeavor to secure the citizen a uniform civil code through out the territory of India".

The need: The objective of this article is to effect an integration of India by bringing all communities into a common platform which is at present governed by personal laws which do not form the essence of any religion.

French said, Liberty Equality and Fraternity. In India none of us practice fraternity however none enjoys liberty and equality also.

The constitution is very clear that unless a uniform civil code is followed, integration cannot be imbibed. However, the so called secularists and saviors of secularism in India think otherwise. They say that this code will affect the religious freedom of minorities (here again they speak only of minorities -read Muslims and Christians).

This code does not say Muslims have to offer namaz at temples or conduct their nikkah in Hindus style. All this says is there should be a uniform civil code irrespective of all religions as far as social ethics are concerned.

Even the Hindu laws that were different in different parts of the country had a turbulent change courtesy geographically united India and Hindus accepted it. Almost all of the laws of Manusmriti are extinct in now a day’s system of living and we accepted it. When Child marriages were banned, Sati was banned, widow re-marriage was encouraged, and Hindus accepted it considering the change in time and took it in their stride. They never yelled or hit the roof stating that these laws were against their religion.

One accepts that in Arab countries you face "Loo" or heat wave or sand storm that should damage the soft skins of ladies and hence they were forced to wear burkha. Why in India? All the so-called social activists and women emancipators cried shame on Sati and child marriages but none had the guts to say that wearing burkha is a sin against women. Is this the equality you show to women?

Polygamy is allowed in Islam and sterilization is a taboo. Because their Sheriat say so! The rate of population growth of Muslims since 1947 is 165%. The day they outnumber Hindus even by one number, they would not hesitate to declare our country a sovereign of Islam. You may never enjoy Deepavali again nor any Hindu festivals.

Why they coolly forget that their Sheriat has strict rules for criminal laws. Here they would stick to Indian Constitution appealing court after court, seeking bail after bail instead of getting whipped in public or stoned to death. Why? Because these laws suits them?

TalaQ – This is another pain in the neck. By saying this thrice, they can get rid of their wives without providing any maintenance etc., they can argue they have stringent rules to follow talaq and dulu (wife divorcing husband) but is it followed.

Conical speakers are banned by pollution control board but till date no mosque has got rid of these conical speakers? Why? What action has been taken so far? Hindus have to do archanai in Tamil as the Gods in Tamilnadu understands only Tamil but Muslims need not to do so in Tamil as even Tamil Muslims understands Arabic and so their Allah of Tamilnadu Is that so? Secularism in India means Appease minorities at the cost of majorities' privileges.

Once again it is reiterated that this code is not biased to one religion but to bring in a level playing platform among the citizens of India.

Till 1935, the Muslims in India never had a common Sheriat for them but had followed different rules according to their practice. Khoja Muslims and Kutchi Memons are examples for this. As said earlier, the kutchi memons worshipped Hindu Gods and Ali is their tenth avatar instead of Kalki. They had the inheritance laws as per Hindus and also the marriage laws as per Hindus.

All these minorities had to accept the Sheriat laws. Then the sentiments of the minorities (among Muslims) were not respected why?

The reason for citing more reasons pertaining to Muslims are because the major opposition comes from them only. They claim that this law is poking nose into their religious practices. Let us look in this way, “Narabali” that is considered religious in Hindu practices is banned today. Shall we claim that the laws are poking their nose in Hindu religious practices and start doing this?

There are too many Muslim countries prevail in this world that follows sheriat laws. In that case, why the laws differ from one country to another?

On 23rd Nov’1948, in Parliament, a Muslim member gave an open challenge that India will never be the same if it tried to bring in Uniform Civil code and interfere with Muslim personal law. It’s a shame that we could not do anything on this till date!

Much was debated on this issue during 1948 in the Indian Parliament by Ambedkar, Anantasayam Iyengar, KM Munshiji, Alladi Krishnaswamy Iyer favoring UCC and all Muslims opposing it.

Even the inheritance laws, divorce laws and marriage laws cannot be defined by the religion. Unfortunately, in our country all our activities are bound by religion. Our politicians have flamed this by playing vote politics. This code is not against minorities but against the discrepancies. How this code is given a religious color? Let’s look into this.

The Congress which demands Supreme Court ruling in Ramjanmabhoomi issue had misused or abused the Parliament in changing the laws after Supreme Court favored otherwise in the notorious Shah bano case.

If a minority institution wants to start a school, they can get exemption from Govt and have reservations for their religion whereas Hindus do not have that privilege. They have to pay hefty taxes and have to follow Govt reservation rules and not special admission for Hindus. Now one state government wants to have reservations for Muslims separately.

If Muslims wished to visit Mecca, (Hajj pilgrimage) our Govt bears the cost and allow them to go on subsidized rates whereas if a Hindu has to go to Kashi or other pilgrimages no concession for him on the tickets he travel. Irony is repealing of law that those who travel abroad for Hajj were made to pay income tax by previous Government. Worse is the case that one wishes to visit Amaranth, we have to visit on the mercy of Muslims.

Courtesy, these discriminations, there is a vertical divide among the public of India based on their religions. It’s the blunder committed by previous Governments. By bringing this code, neither the majority public wins over the minorities nor are the minorities in danger. Unless this prejudice is erased, bringing this law is difficult.

The so called leaders of the country owes responsibility to explain this to public and a frequent and elaborate debate has to be held on this topic (which will never happen as this is against secularism?). Then only the minorities will get convinced on bringing this law. But for BJP (nowadays even BJP is not) no political party is in favor of this code.

Muslims in other countries accept uniform civil laws where they do not consider this as a defeat whereas in India it is. This is the service rendered by congressmen, other secular parties and our great media. It is a shame and pity that in a democratic and secular state people have different laws based on their religion. Is it secular to have different laws for different religion or it is secular to have a uniform law?

To make this debate on UCC healthy, Hindus should not treat this as a weapon against minorities and minorities should not feel that they are lost by bringing this law. Whether this can be possible or not, only time will tell us.

1 comment:

  1. A quick introduction. I am Sunaina working at Breakthrough, Delhi. This post is most interestingly written and very sensitively deals with the most pertinent issue of gender inequality And you have managed to put the issue in focus quite well//What comes through is the concern/sensitivity you have exhibited for this issue.// Well, I work on a youth oriented site called www.bellbajao.org and would love for you to blog on it.


    The Bell Bajao campaign raises awareness about Domestic Violence in India and highlights the legal redress Act that the Government recently passed - the Protection of Domestic Violence against Women, passed in 2005 (PWDVA,2005). Our category on the blog called "Legal Take" houses similar themed posts like yours, and deals with the legal aspect of Domestic Violence, presenting readers with commentary on legal aspects around the Domestic Violence in particular and Violence against Women in general from India and around the world.

    Please visit the site and do write back to me at sunaina.bhakhri about your thoughts on the campaign.And if you're interested, do blog on the site as well. And if you're a regular blogger, we'd be happy to put you on our blogroll and crosslink your blog page on our site.

    Thanks and hoping to hear from you

    ReplyDelete

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