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Why Uniform Civil Code is not practically viable in India !
Posted By:peer On 10/25/2016 11:13:24 AM

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Hassan Masood

The whole nation’s attention has been fully diverted towards Uniform Civil Code, which is a non-issue, an irrelevant issue which has nothing to do with our National interests. Notwithstanding this, this issue is highly inflammable issue, which divides the nation, creates discomfort among citizens, creates a sense of insecurity among law abiding Muslim citizens and also alienates them from National mainstream. Those who aggressively demand for its implementation put forth various justifications like One Country One Law, Equality before law under Art 14 and gender justice etc., The nation is being misguided as if national unity is at peril if Uniform Civil Code is not implemented. The whole nation is being pushed into this futile debate. In fact, 97% of both Civil and Criminal laws are the same for the whole Nation.

Justice V R Krishna Iyer, was one of the most eminent legal luminaries of our beloved country India. He wrote a thought provoking article in “The Hindu” on 06.09.2003 with heading “Unifying Personal Laws” which is available online even now for anybody to read. In this article he has explained the cautiously phrased term in Art 44 which is the state shall endeavor.  At the end of this article he has conceded that preserving identity of each religious group is a feasible project avoiding insult and injury to any minority group.

Very big hue and cry, is out-bursting for implementation of the Uniform Civil Code, under Art 44. What we have totally forgotten is, nationally more important Art 45 (free and compulsory education for all children until 14 years of their age) and Art 47 (total Prohibition in the country). Both these articles are totally disregarded by both the rulers and the public. Some may argue that The Right to Education Act (RTE) 2009, was enacted under Art 45. Even today, several villages have no primary schools. Many schools lack basic infrastructure and no teachers are appointed. RTE 2009 has only legalized the Govt. apathy of gradually outsourcing public instruction responsibility from Govt. to private sector. This is a major dereliction of national duty on the part of our politicians particularly ruling class. Had the whole nation concentrated on this directive principle alone, perhaps the fate of our nation would have completely changed during the past 70 years. Might be India would have become Super Power long ago. In spite of our abundant potentials, our beloved country India has been pushed to 130th position in the latest Human Development Index from United Nations. Our status is far behind many less potential countries.

Regarding, Art 47, few may argue that some states have strictly promulgated total prohibition. Partial restriction of an evil would not solve any major epidemic. Majority of states are yet to enforce it, perhaps, they fear loss of revenue to the exchequer. I fail to understand, are we running Govt. for generating revenue alone and public welfare is not so important? Prophet Muhammad (PBUH) Said : Wine is the mother of all lustful activities. Let us analyze practically. For addicted person, drinking wine is fun for him. Just look into its affects post consumption. Multiplicity of innumberable crimes against humanity like immoral trafficking of Women and girls and torturing them by their masters, uncontrollable road accidents, spread of diseases, beating of women and children at home, indecent behavior in streets and so on. Due to these reasons only Holy Qur’aan warns regarding Wine & Gambling, “There are few benefits in both; but its losses are much higher (expanded) than their actual benefits” (2:219).

As per constitution of India, Judiciary and Legislature both are separate wings. No one should trespass within the territory of other. There are several instances when High courts have refused to interfere into litigations related to internal affairs of legislature. Hon’ble Supreme Court of India had quashed National Judicial Appointments Commission Act (NJAC) because political interference within judicial process was possible which was clear infringement of Judiciary’s sovereignty. On the same line, Muslims are protesting against any judicial interference within Shariah. Shariah law is a religious law, only those with in-depth knowledge and belief in Shariah law are competent to adjudicate.

Instant Triple Talaaq and irresponsible polygamy, both are internal conflicts of Muslim community and they are results of ignorance, misuse of law and narrow mindedness of few besides selfish attitude of in laws. Many divorces are engineered by in-laws, merely because daughter-in-law is refusing to budge to undue influence from in-laws. In polygamy, brokers play an important role for money, even women those who marry already married person, they fail to realize that they are actually setting fire to their sister’s marital life and the same fire may spread in her life too. We need to educate our women and their families on this harsh reality. Misuse of law is not limited to Shariah law alone? Merely because personal laws are being misused by small minority group does not in any way justify Govt. action of depriving Shariah Law for big majority Indian Muslims who are law abiding citizens. Moreover, to profess any religion, practice and propagate it, to establish religious institutions and administer them according to religious thoughts etc are the fundamental rights guaranteed under Art 25 & 26 of the Constitution which are non-negotiable. Every single law is being misused, does it mean we should scrap all laws?

Problems of all women, whether within India or outside, whether Muslim or Non-Muslim, will continue unless and until, we create awareness of the contribution of Women in Men’s life. Men should understand Women’s favors; Women should understand Men’s favors. Both should evaluate and appreciate each other’s contribution, then only all issues of Women could be resolved.

We must introspect the crime data of NCRB Versus innumerable laws enacted by both Parliamentary and State Assemblies for alleviating the sufferings of Women, Children and other weaker sections like SC/ST/ Tribals / BC/ OBCs / MBCs. What is the ground reality of all these laws? Those who could not control atrocities against Hindu women, those who could not control immoral traffic of Women, those who could not control burning of women for Dowry, are today championing the cause of Muslim women? Do you think these people are going to save Muslim women?

State has an authority and responsibility to legislate laws for regulating public welfare on issues concerning general public. But this authority can’t be extended for codification of personal laws because personal laws are based on religion or culture which could neither be regulated nor uniformity could ever be possible. This is the main reason why all democratic countries allow practice of personal laws which are applicable within that particular community or group only. India is not the only country to allow private laws. Even in India, enacting UCC for any single community is also impossible because every community has so many schools of thought, each conflicting with the other.

Nation’s invaluable time, energy and potentials are being criminally destroyed on a private subject. Our Politicians are shrewd enough to fool public and cover-up their failures through diverting public attention on contentious issues wherein public mind is mischievously engaged. Under any circumstances, Indian Muslims would never ever accept Uniform Civil Code, at any cost.  Also the cross section Muslims and Non-Muslims, are not interested in all these contentious issues which divide both these communities. Cross section of the society is inter-dependent for their daily affairs.

Debate on Uniform Civil Code is not any new debate. It’s been going on since independence. Country has lost abundantly with no benefit of even a single rupee for any one. This debate has definitely helped polarization of Indians.

It’s high time, we demand repeal of Art 44 from Indian Constitution so that we can put to rest this contentious and useless controversy, once and for ever. We need to encourage our countrymen towards healthy and constructive debate on issues of National importance like social issues, economic failures, joblessness, how to stop borrowing, how to control farmers’ suicides, how to create job opportunities, how to best utilize our manpower, how to reduce import of goods, how to export our products, how to control non-performance of secured bank loans, how to solve pile up of cases in our judiciary etc., We have innumerable National issues which demand citizen’s urgent attention.

 

 

Members of Bharatiya Muslim Mahila Andolan protesting against Uniform Civil Code in New Delhi (A file photo).






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