ONE INDIA,ONE NATION,ONE LAW
ONE INDIA,ONE NATION,ONE LAW
UNIFORM CIVIL CODE IS BURDEN OR CHALLENGES
In article 44 of Indian constituition – our founding fathers wrote their dream of bringing whole of India under a common civil code and putting an end to a hodgepodge of religious laws.In 1985 , India’s Supreme court recommended that the Indian lawmakers should consider legislating it.when the britishers came to India they saw “divide society” in the name of religion , they quickly realised and started divide and rule policy.Thus, the britishers allowed different personal laws for different communities. Hindus ,Parsis , Christians and Muslims got their version of civil code that controlled marriages , inheritance ,divorce ,etc .
Hindus laws in 1956
At the time of writing our constitution , we were faced with the variety of terrible laws based on bad religious interpretation and bad ideas of 19 th century.
After the modernization of Indian law divorce, alimony,equal inheritance to sons and daughters and adoption . While the Hindu code was reformed , other religious were allowed to keep the 19 th century era laws substantially anti - women . Thus, Muslim women have to put up with polygamy , unilateral , divorce and restricted of access to alimony or inheritance.
In the 1980s, the landmark Mohd.Ahmed khan v. Shah Bano Begum case highlighted the lack of modern civil laws for Muslim women . Since the uniform civil code has become a national issue.
Uniform civil code needed to enable the application of modern laws such asabolishing polygamy to all sections of Indian society and also create a common framework for progressive laws.
Uniform civil code only means uniformity in personal laws.It is totally "secular laws" should have nothing to do with religion .
The true implementation of India's secularism would be made by enacting personal laws outside the purview of religion. It will reduce the burden of the legal system .
It will help in the progress of India as a nation . A lot of different personal law which are grossly unjust , unfair , discriminatory and downright . Most of these laws do not help people . Uniform civil code will bring about better laws and will promote legal system.It will help better the situation of Muslim women , " Monogamy should be mandated on all the Indians"..Uniform civil code is also a major step towards gender justice .
Muslim women have hardly got any rights as to maintainance or inheritance, if a strong uniform civil code will help better the situation of muslims women.
Our constitution has guaranteed that under article 44 " The state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India".Second , the honourable Supreme Court and its eminent jurists have noted on multiple occasions the need for a civil code applicable to all citizens( Shah Bano, Saala Mugdal).
Uniform civil code sets the precedent for true equality & egalitarianism. Most of the discriminatory events will have to go, for example polygamy & the triple talaq system. Uniform civil code is necessary for our developments as a citizens and development of our country as a whole.
So, we should implement it because ,
1) The constitution demands it.
2) Streamline the legal system.
3) The laws of our land are not made to please any specific religion.
4) Multiple law create confusion.
5) State will equally protect the constitutional liberties given to different religious groups but does not confer upon them a right to have their own personal laws.
In fact this issue was of much debate when muslim leader demands a constitution al right to have one's own personal laws but this was outrightly rejected by the constituent assembly . First of all, it is India's first move away from the hypocrisy of calling itself ' secular' . India is not a secular country, but a highly religious although tolerant one.
This tolerance is only because of the inherently secular outlook afforded by the Hindu way of life . Being an overwhelmingly majority Hindu nation is the reason India can even dare call itself secular, when in reality it merely has tolerance in its ethos.
For a long time, the issue of a uniform civil code has been hijacked by political interests that wanted to please the extreme elements in Islam, allowing them to practice their religion , before having adhere to the law of the land.
If polygamy is criminal for the vast majority of Indians , how can it be legal for others ? What if we were to have differing criminal laws as well? Hindu criminal- you get arrested , trail and send to the jail . Muslim criminal no trial , nothing , logically why not this too? If you have laws of certain religion guiding your civil affairs , why not your criminal affairs too be guided by the same religion in its purest , extreme practice as in the nation where religious centre lies?.
India's burdens and challenges alike , should be carried on a platform of true fairness , enshrined in its Constitution , for every one of its citizen alike.
The uniform civil code is but a small step in the right direction.
Founder- Shailaabh NGO.