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- A COMMON CODE FOR THE COMMON MAN
Posted by : Pareekshit Vaid 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.