Saturday 29 October 2016
The debate
on the UCC started sounding faster late in the 1980s with the Shah Bano Case
and the Congress government enacted the Muslim Women(Protection of Rights on
divorce) Act, 1986 under the pressure of the Muslim Orthodoxy. But the debate
on UCC was taking place even much earlier than this when the Indian govt. under
Pt. Jawaharlal Nehru re-codified personal lives of Hindus in 1956 which was a
welcome step by the Hindu community even in some hatred voices against it. But
this act was seen as communal on the part of government as only Hindus lives
were re-coded and the Muslims were left stating that they were not ready for a
change! and these acts were actually communal on the part of a Secular country
and secular stating government.
A Famous socialist JB Kriplani had said
,"I charge you with communalism because you are bringing forward a law
about monogamy only for the Hindu community. You must bring it for Muslim
community. Take it from me that the Muslim community is prepared to have it but
you are not brave enough to do it. "
On January
26, 1950, India enforced its constitution, which had in Article 44 which
mandated the Union government to strive for a uniform civil code for its citizens. The first trickery happened
when article 44 was included in the directive principles chapter of
constitution, which meant that though it would be the guiding principle of
every government, no citizen could move court to enforce it as a matter of
right stating "the state shall
Endeavour to secure for its citizens a uniform civil code throughout the
territory of India"
And everyone
knows that the political class can use any single word for its vote purpose!
Same happens with the directive principle. The word "shall Endeavour" played all the game and the Indian
politicians use this word as a sword to defend the orthodox of Muslim community
in order to keep them happy for vote bank and never talked about maintaining
Uniform Civil Code. Even the supreme Court of India did nothing binding to the
constitution.
The Supreme
court once said "It is also a matter
of regret that Article 44 of our Constitution has remained a dead latter. There
is no evidence of any official activity for framing a common civil code for the
country. A common civil code will help the cause of national integration by
removing disparate loyalties to laws which have conflicting ideologies. No
community is likely to bell the cat by making gratuitous concessions on this
issue."
which
clearly states that it is state's responsibility to secure a uniform civil code
for the country. No religious community will
come forward and will say that change
the laws of our community!
But in the
past 70 years of Indian Independence no steps have been taken for framing a
uniform civil code.
Recent
discussions about the uniform civil code have started with the Law Commission
questionnaire on Uniform civil code to which Muslim Personal Board have
boycotted stating that this is interference in their personal lives.
In a recent
question to a UP based politician about his views on the UCC he said let us
leave it on the religious community board. Is it correct?? If this is correct
what is need of politicians and what is the need of government and what is the
need of Parliament? This clearly states that now the Parliament has become a
place not to discuss about the problems of the people but to keep happy the
religious orthodoxies to secure vote bank and to earn money by amending the DAs
etc of the politicians. I clearly state this as the black era of the Indian
parliament. People have chosen MPs and MLAs and it is their duty to discuss the
problem of the people of the country not the duty of the religious babas or maulvis.
They will definitely work for defending the ways that help them to keep in the publicity
and earn money.
Politicians
keep talking about the women empowerment at the time of elections, now what?
where is their concern for the women empowerment! Has it lost somewhere in the
battlefield to protect religious orthodoxies?
Think for
some time that we left this decision on the religious communities, but what
about women empowerment? Is there any women representation in these so called
leagues ? How can we think that these will provide security to women?
We live in
the century where open minds are taking shapes. People are concerned about
their freedom. The irony is that we don't consider women to be part of these
people! UCC is not just about women security or triple talaq, it is also
important for a country having wide diversity, cultures to unite them in a
single thread with the help of this powerful weapon.
Not only a
single community law but all the community laws should be banned when talking
about whole country and to respect someone's identity. The global indexes and
the numbers given by various world forums are low for India because although
our constitution provide security to all but the religious laws discriminate
and police and court gets bounded to these religious laws which are recognized
by the same constitution.
Also if
talking about the special status states, like north-east states opposition to
the UCC, I really think that the people of North-East are more patriotic, they
really have true patriotism. Every national want to see his country United, peaceful
and without any discrimination. It is only possible with UCC as it will disable
laws that differentiate people from people.
At last I
can say that the world is changing. It is time of the hour to move up of these
so called religious laws and frame a common code for common people because it
is only method for development of the economy and unity of country at global
level.
--PAREEKSHIT
BTECH (CSE)
GNDU,AMRITSAR
vaidpareekshit@gmail.com
