The trending tag on #Twitter inspired me to write my #LucidAngle about UCC but as I've brainstormed, discussed and sometimes argued over the subject for weeks I saw the glimpse of reality! In 1954 when then PM Jawaharlal Nehru was asked about why Art.44 wasn't implemented, He remarked "I don't think that at the present moment, The time is ripe in India for me to push it through!!" So in short he thought that the great nation of ours lacked the maturity to accept UCC, That was 61 Years ago! During course of Discussion I had with Lawyer and Activist Ray Singh, He remarked a concern that the Majority of demands to imply UCC are because few feel the need to support the good Notion that's All! They don't understand that the Law that prohibits practice of Triple Divorce and polygamy for muslims also ipso facto* Dismisses the "Sat Fere" as a valid condition in view of law to commence Marriage, Both Hindus and Muslims will be Obligated to register their marriages in front of Magistrate are we ready to accept it? Besides that the fact that Parliament has failed to implement Art. 44 (UCC) is because their is no sufficient support for the move whiten the parliament itself! The issue is now riddled with Communal and Political Overtones.Some state that the issue is being overblown to exploit Political or Communal Benefit! Other articles of Constitution that need Priority in implementation are being neglected. Also when taken under wide consideration Art. 44 a "Directive Principle" if implied also violates the fundamental Right given by Art. 25 (Right Of Freedom) In given oblivion the concept of optional UCC has been advocated time and again which if implied gives Free Choice, Facilitate Harmonisation of Social Relationships across country in keeping with changing counters of changing social realities. A tiny state of Goa serves a ambitious option with set of 'Family Laws', Which apply to all communities in Goa and are based on Portuguese Civil Code of 1867. Governing all personal matters such as Marriage, Divorce, Succession, guardianship etc. of Hindus, Muslims and as well as Christians as equal and endorse gender equality! As per what I believe is I've reached a conclusion that The Uniform Civil Code Should and must be Implied in Country to preserve equal stature of individual against the law and make Constitution Sovereign not being affected by any set of personal laws! but it should be done gradually and progressively avoiding any cultural Shock!! So the question we are left with is are we mature enough to let go of our overblown prides and stand equal be four Law, Preserving our diversity, But embracing Our Unity, as a Society of 'India' *Ipso Facto- by that very fact or act / by default.
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As I've stated before The UCC or Uniform Civil Code is a lingering Dilemma of Indian Democracy. The Mere mention of Art.44 is deemed outrageous by Few People!! The most discussed and commonly known case is of Shah Bano's* case where a poor muslim women claimed for maintenance from her husband under Sec.125 of Cr.P.C after getting triple Divorce by her Muslim husband. SC ruled in her Favour, Chief Justice Chandrachud commenting, "A common civil code will help the cause of national integration by removing disparate loyalties to law which have conflicting ideologies." The Response to the judgement was Prompt,Strong and reactionary. Muslim leaders all over vowed to "Give Lives" Protecting their personal law. this unrest is what caused then PM rajiv Gandhi pass Muslim women's(Protection of Rights in Divorce) act,1986. In another matter of Sarla mangal v. Union of India(AIR 1995 SC 153) Bench headed by Justice Kuldip Singh Readdressed issue reminding then PM P.V.Narasimha Rao to take a fresh look at Art.44 Quoting. "Successive governments have, till date, wholly remiss in their duty of implementing the constitutional mandate under Article 44." In another case in 2003 of a christian Priest From kerala John Vllamatton v. Union of India, AIR 2003 SC 2902 Bench of justice Khare, Observed as under, "It is a matter of great regret that article 44 of Constitution has not been given effect to. Parliament is still to stop in for framing a uniform civil code in country." Contradictory to that when the Petition was filed to mandate Government to initiate UCC in Country, it was dismissed on the ground that this was a matter of Legislature and not the Judiciary.** Chief Justice Chandrachud stating that UCC being Vital for national integration in case of Pannalal Bansilal v. State of AP, (AIR 1996 SC 10230, it was held that Introducing UCC in one go will be Counter productive For nation's Unity and Integrity Even the strong Outbursts of Justice Kuldip Sing were Diluted observing, They were only in nature of Obiter Dicta*** and not legally binding in the government. The Contradictory stand of SC on the Matter of UCC further cements the way for politicians to Thrive upon!! And that's what is happening on the matter frequent media reports few live 'Newshour Debates' ensure that the extreme REligious archetypes will rore then and again and lo and behold we will continue to live a falsified Dream of Equality!! * Mhd. Ahmed Khan V. Shah Bano Begum (AIR 1985 SC 945) ** Maharishi Avadhesh v. Union of India, 1994 SCC Suppl (1) 713) *** Obiter Dicta- a judge's expression of opinion uttered in court or in a written judgement, but not essential to the decision and therefore not legally binding as a precedent. OR an incidental remark. From time and again Indian Media, Citizens of India and It’s politics has dancing around the concept of 'Uniform Civil Code'. The trending tag #UniformCivilCode the news flashes around it tell a story. A story of failure, a story of nonsensical stands and oblivious judgements! The Art. 44 of the Indian Constitution lays down an important directive principle of state policy, namely, that the state shall endeavour to secure for its citizens, a Uniform Civil Code throughout the territory of India. However the Constitution contradicts itself! Stating in Art. 37 that 'Directive principles (similar to Art. 44) are not enforceable by any court although they are Fundamental in Governance of country.' The time being now our government and legislation is governed by personal laws of us citizens. Meaning each religious groups having its own take on common practices like Marriage, Divorce, Adoption and Succession based on their beliefs. For example The practice of monogamy for Majority I.e. Hindus and practice of Polygamy for minorities I.e. Muslims !! The suggestions made in Art. 44 are fairly simple, making an Integrated code of conduct respecting all personal codes i.e. Hindu Law, Muhammadan Law, Christian Law, The Parsi Law so on and so forth, but making all Individuals irrespective of Beliefs & Customs he practices stand on common ground for legal consideration! Former governing party of India Congress issued a press release stating that the issue of Uniform Civil Code being 'sensitive' one they would like to discuss all possibilities with experts and fellow parties. This is what exposes the Dirty hidden agenda of appeasement they’ve used for years!! I’m not against them but appeasing few social groups for own ‘Political’ gain is just wrong!! I stand against that!! The so called Secular people and their secularist brotherhood (I've typed and erased 'Pseudo' prefix for word secular!!) like all Socialists, Communists are silent on the matter!! This being a matter of key importance in National Integration and I Being a Law student, feel obligated to present my #LucidAngle on the matter So I’ve decided to Blog about it for days to come in a series to address the matter in deep!! Comment your #LucidAngles below!! Ref.-'Principles Of HINDU LAW' by Noshirvan H. Jhabvala Pg. no.36-40 |
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