The Prime Minister Narendra Modi led Union Government has brought social reforms for all the people together irrespective of religion, caste, creed and region with peace and harmony in the country by uplifting them with the constitutional equality of the oppressed and depressed for the decades together. In our country, there are two kinds of laws exists i.e. One “ Public Laws “ applicable to all the citizens of the country equally without any distinction and discrimination. Indiana Penal Code, Evidence Act, Income tax Act and other financial or economic laws etc. and second, “ Personal Laws “ which are not uniformly applicable to all the people in the country, but applicable for the specific religion exclusively.
In general, Personal Laws come in to force by customs, culture and traditions with in the ambit of the religious considerations. In our Nation, Hindu Personal Law and Muslim Personal Law have been in existence and these Personal Laws deal with mattress pertaining to Marriage, Divorce, Adoption, Maintenance, Inheritance etc. with in a community of the particular religion that either Hindu or Muslim. Apart from this, In case “ Any one does not want to be governed by the Personal law “ of the specific community, then they “ always have a choice to opt for the special act like Special Marriage Act, 1954 “, Special Marriage Act deals with the marriage related issues of irrespective of the religions.
Uniform Civil Code means, Secular personal laws of citizens which apply on all the citizens equally regardless of their religion for common Marriage, Divorce, Maintenance, Adoption etc. The basic idea of introducing the Uniform Civil Code is bringing formal equality among all the citizens residing with in the country, as possessing the different personal laws goes against the right of equality as enshrined in Article 14 of the Constitution. Hence, Uniform Civil Code incorporated in Article 44 of the Constitution for the citizens of the country as the Fundamental directives initially as mentioned The Government shall endeavour to secure for the citizens a uniform civil code throughout the territory of india. There is a big question in the mind of the general public that “Why UCC inserted in Directive Principle of State instead of Fundamental Rights? As evident from the Constitution Assemble Debates, All the communities of the religions, especially minorities were not comfortable with losing personal laws in favour of Secular Laws at the time of formation of the Constitution though Dr B,R Ambedkar. Hence, responsibility was transferred to the future generation to implement the UCC when the time is right. This facility was allowed since at the time of bifurcation of United India huge amount of minorities still continued to stay in India after bifurcation.
It has to be noticed that Uniform Civil Code has been implemented exclusively in the State of Goa as per Portuguese Civil Code provisions. When there was attempt to implement the personal laws on religion basis in 1981 by the Union Government in Goa, both Youth and Women Muslim wings in Goa were resisted. There are some differences has been existed between Indian Laws vis a vis Goa Laws. Hence, after advent of Union Civil Code in the country that there will be impacted the provisions of the existing Goa Laws also so as to implement all the enactments on par along with other parts of the country. As far as existing. Goa Civil Code is concerned, it is nothing but continuation of Portuguese Civil Procedure Code, 1939. In the year 2019, Honourable Supreme court, in it’s judgement on “Jose Paulo Coutinho”, had referred to Goa as the “ Shining Example of UCC “ But it has its own share of issues that needs to consider the important point that It is blamed to be deeply discriminatory toward the already marginalised genders, sexualities and religions like Goa Civil code state that while a husband can seek divorce if his wife commits adultery, a wife can only seek such relief if the husband commits adultery with “ Public Scandal “. It is note the point that Conjugal status refers to the nature of the relationship between the members of a couple. Specifically, it indicates whether the members of a couple are legally married to each other or whether they are living in a common-law. Hence, Goa Civil Code also having the discrimination on women rights that needs to resolve it.
When we speak about Uniform Civil Code, the most important case study of Shah Bano Begum case is necessary, Shah Bano Begum 62 years old Muslim Women filed a petition in court demanding maintenance under 125 CRPC from here husband Mohamood Ahmad Khan, a renowned advocate in Indore, Madhya Pradesh. He had granted her irrevocable triple talaq after 40 years of his marriage life. Shah Bano Begum was granted maintenance by the verdict of a local court in 1980. Later on the Supreme Court further verdict had given in favour of Shah Bano Begum in 1985 under the “ maintenance of wives, children and parents “ as per the provision in Section 125 of CRPC, which applies to all citizens irrespective of religion. As per the comments by the judges in this case, It is further recommended that a Uniform Civil Code shall be brought in to existence.
The Shah Bano case soon had become national wide political issue and a widely debated controversy, The all India Muslim Board defended the application of Personal Law which is based on Sharia Law and denied divorced Muslim women the right to alimony. At this juncture, The Muslim Women ( Protection of Rights of Divorce ) Act 1986, was passed by the the Rajiv Gandhi Government, which made section 125 of CRPC inapplicable to Muslim women, which meant that the reversal of the Supreme Court judgement on Shah Bano Begum, that day was Black Day for Muslim women.
Primary aim of the Union Civil Code is unifying the disparities in the law practices based on the religion of 140 crore people of our country based on the spirit of “ One Nation – One Law “ applicable equally. Till the enactment of Triple Talaq by the Union Government Talaq system adversely impacted the Muslim women lives miserably as against to the marriage divorce of the existing provisions in the country as Male Muslim could opt for Talaq system as their religious practice for the marriage divorce and the same Muslim male could use the common Laws of the country pertaining to their Civil or Criminal violations either in the capacity of victim or perpetrator. Hence, Muslims haven’t been following absolutely their religion laws. Whenever anybody raises these discrepancies, immediately pseudo seculars attack emotionally by alleging that rights of the people are infringed as second grade citizens where there is only the concept of the Citizens exists in the country and there is no second grade citizens.
In this process, When the Triple Talaq law had been enacted for the protection of Muslim women rights to treat like other women in the country, some were provoked them and opposed the good intentions of the Union Government led Narendra Modi. Apart from this, While abrogation of Article 35A to scrap Article 370 for equal rights to all the citizens in terms of applicability of enactments and Constitution from Kashmir to Kanyakumari in the country, some political motivated sections had abused the decision of the Union Government and tried to be scared the section of the people. But, today people are living with peace in the Kashmir. Further, It had been provoked to mislead some people by saying that there citizenship in the country will be ceased through the CAA Act.
Now, the attempt of introducing Uniform Civil Code makes the laws of our country equally applicable to all living in the country equally. But, the attempt to incite some against it is to bury “equality” permanently in the country. My question is that How can appeasement of a section of people just for vote bank politics become a secular ideology, if there is no problem for any Indian living in India when the wrongs of last seven and half decades are rectified?
My questions to those who had opposed and is opposing, Triple Talaq, Abrogation of Article 35A to scrap Article 370 and CAA, for their answer on the following:
Are the 80 crore beneficiaries irrespective of Religion, Caste and Creed has been benefiting Garib Kalyan Yojana and National Food Security Act that all are inclusive or not ?
Are the 1.20 crore beneficiaries of PMAY houses in the country from all Religion, caste and creed or not?
Has the Rs 50,000 crore spent so far for 50 crore beneficiaries belonging to 10.70 crore families under Ayushman Bharat reached all sections of Religion, caste and creed or not?
30 lakh crore direct cash transfer to beneficiaries in last 9 years through 45.70 crore Janadhan accounts are all categories of Religion, Caste and creed included or not?
Rs. 6000/- has been given every year for investment assistance to farmers are all categories of Religion, caste and creed included or not?
Corona Vaccination 220 Crore Doses free of charge by the central government, are all the groups of Religion, caste and creed included, or not?
After Triple talaq, the abrogation of Article 370 and CAA, a section of the people has been disenfranchised with the political motives, it is incumbent upon them to answer the above questions, how many more days will a section of people be agitated for the politics of votes, even if all are enjoying equal rights in the implementation government schemes for all the deserving in India without any disparity. Even if the symbol of equality is opposed pertaining to the Uniform Civil Code, it will never treat everyone equally in the country in future for the sake of vote bank appeasement politics.
Law Commission has recommended the following in the year 2018 :
● Compulsory registration of marriages of all religion.
● A uniform age of consent has been required for Marriage.
● Irretrievable Breakdown of Marriage shall be the ground for Divorce.
● Both spouses should be equally entitled to property acquired after the marriage.
● Bigamy upon Conversion should be made void.
While drafting the constitution, Constitution Assembly Debate also opined Uniform Civil Code is required to reconcile conflicts in personal /family laws with the Indian Constitution. Hence, Uniform Civil Code was incorporated in Article 44 for the citizens and stressed about the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. But, Constitution drafting committee recommended to inserted it in Directive Principle of State instead of Fundamental Rights. As evident from the Constitution Assemble Debates, All the communities, especially minorities were not comfortable with losing personal laws in favour of Secular Laws at the time of formation of the Constitution.
Hence, responsibility was transferred to the future generation to implement the UCC when the time is right. UCC was allowed to continue as Fundamental Directives since at the time of bifurcation of United India huge amount of minorities still continued to stay in Bharat after bifurcation of Independent Bharat for the time being. How to bring UCC?, Personal Laws are in 7th Schedule of the Concurrent List of the Constitution. Hence, Both centre and state shall enact the law to get the UCC in force.
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