Abstract-
The Nation of Bhinnata Mei Ekta ‘Bharat’ has always accepted the truth of
religion being sole code of conduct of human beings. The way a wound is healed
by the medicines, a burn is calmed by the cube of ice same the soul of human
beings finds its calmness and purification in professing his pious religion in
all possible ways a man could.
As the education shows the man his real
capabilities simultaneously mirror of religion shows man a pious path to walk
over and acquire the notion of nirvana, moksha or jannat. But the secularist
country BHARAT soon became a hub of religious monarchy, the rights and customs
became stricter but the basic foundations of religion became more fragile. The
atrocities against women enhanced the inequality among two creation of god
resulted in dominating society, the land of Rani Lakshmi Bai to Kalpana Chawla,
from professor Kalam to Himalayan personality Atal Bihari Vajpayee the terra
firma had become sarcastically a one to one religious monarchy land.
But in the
clouds of farrago of Caste and creed the lamp light of expression, of belief and
faith called- UNIFORM CIVIL CODE- ONE NATION ONE RELIGION and the religion is
HUMANITY. The expression UCC is a ray of hope for women’s of country, a bed of
thorns for the entire sage society, a curse for religious societies but A
BLESSING FOR OUR FUTURE GENERATIONS.
History and origin of uniform civil code
Personal laws were first framed during the British Raj, mainly for Hindu and
Muslim citizens. The British feared opposition from community leaders and
refrained from further interfering within this domestic sphere.
The demand for a Uniform Civil Code was first put forward by women activist in
the beginning of the 20th century, with the objective of women’s rights,
equality and secularism.
Till Independence in 1947, a few law reforms were passed to improve the
condition of women, especially Hindu widows. In 1956, the Indian Parliament
passed Hindu code bill amidst significant opposition. Though a demand for a
Uniform Civil Code was made by Prime Minister Jawaharlal Nehru, his supporters
and women activists, they had to finally accept the compromise of it being added
to the Directive Principles because of heavy opposition.
Preamble
The preamble of our constitution does say that there should be a Uniform Civil
Code. It needs to have a wider consolation.
In the preamble to the constitution which is identical to the aspirations and
goals of everybody including the religion. It is high time that we have imbedded
the secularist spiritually of our constitution which is both dialogical and
dialectical. Every religion and group has the duty to revolution spirituality of
constitutional secularism suited to each ones ethos and disseminates the same.
There is a need for a UNIFORM CIVIL CODE in a SECULAR INDIA
Secular India has to begin with a Uniform Civil Code that ensures equal rights
to all citizens without exceptions.
‘Religion impinges on every human right in the civil law-
whether it is birth, death, marriage, divorce; the religions have laws on all
these issues.’ So making India secular necessarily means democratic religion out
of our social institution.
If we talk about secular country, equality, so then why we should not adopt
Uniform Civil Code. It’s not about implement rights it is about implementing
rights in right manner.
Just like:
Medicines are important for a healthy India, Uniform Civil Code is necessary for
a secular India so that the same laws are valid for every citizens without
taking religion into consideration.
Making unnecessary laws and making every aspect of life bounded by different
laws, rituals and all is non-sense and immaterial. National Identity will be
more secure and human resources much better utilized. It will add to the
country’s growth and development. Indian divorce act, SHARIA act are unnecessary
complications. A Uniform Civil Code embodies justice and there should be no
compromise on it.
If Uniform Civil Code is introduced it will make India a secular nation, not
only on paper but also in reality.
Article 44 of the Indian constitution and Directive
Principles
Part IV of the constitution of India deals with the DIRECTIVE PRINCIPLES OF
STATE POLICY which aren’t enforceable by any court but which are supposed to
play a fundamental role in the governance of the country.
Among other Directive Principles is Article 44 which asks
the state to “Endeavour to secure for citizens a Uniform Civil Code throughout
the territory of India.†The Uniform Civil Code is right now very heated topic
with an India Muslim Personal Law Board accusing the government of attempting to
sneak it in the under the government of promoting gender equality through its
opposition to triple talaq in the supreme court.
In a Historic Judgment in Sarla Mudgal v. Union of India [1]
The Supreme Court has directed the Prime Minister Narsimha Rao to take fresh
look at Article 44 of the constitution which enjoins the state to secure a
Uniform Civil Code which, accordingly to the court is imperative for both
protection of the oppressed and protection of national unity and integrity.
The court directed the Union Government through the secretary to Ministry of law
and justice, to file an affidavit by August 1995 indicating the steps taken and
efforts made, by the government, towards securing a uniform civil code for the
citizens of India.
So in nut and shell, it’s all about setting a common civil code for all beings
of all religions.
Directive principle and a brave fight up by Muslim women against the practice of
triple talaq have once again brought into focus the lack of a Uniform Civil
Code.
Uniform Civil Code is needed because of gender injustice. The rights of women
are usually limited under religious law, be it Hindu or Muslim, the example of
triple talaq and sati. These both are classic examples that the 44th Article is
also exploited which demand a Uniform Civil Code for every citizen.
Noor saba khatoon v. Mohd. Quasim[2]
The Supreme Court held that divorced woman is entitled to claim maintenance for
her children till they become major.
The court held that both under section 125 of criminal procedure code, 1973 the
obligation of the father was absolute when the children were living with the
divorced wife. This ruling war given by the court while allowing an appeal by
Ms. Noor Saba Khatoon challenging the judgment of the Patna High Court which had
rendered the amount of maintenance.
The court made it clear that this right was not
restricted, affected or controlled by divorced wife. Right to claim maintenance
for two years from the date of birth of the children under Section 3(1)(B) of
the Muslim women (protection of rights on divorce) Act 1986.
The children of Muslim parents are entitled to claim
maintenance under section 125 of Criminal Procedure Code till they attain
majority to maintain themselves.
Shah bano case[3]
After passing of the Hindu code bill, the personal laws in India had 2 major
areas of application: The common Indian citizens and the Muslim Community, whose
laws were kept away from any reforms. The frequent conflict between Secular and
Religious Authorities over the issue of Uniform Civil Code Eventually decreased
until the 1985 Shah Bano Case. Bano was a 73 years old woman who sought
maintenance from the Husband, Muhammad Ahmad Khan.
He had divorced her after 40
years of marriage by triple talaq and denied her regular maintenance; this sort
of unilateral divorce was permitted under the Muslim Personal Law. She was
initially granted maintenance by the verdict of a local court in 1980. Khan a
lawyer himself challenged this decision, taking it to the Supreme Court the
Muslim conservatives who accused the government of promoting Hindu dominance
over every Indian citizen at the expense of minorities. The criminal code was
seen as a treat to the Muslim personal law, which they considered their cultural
identity. According to them, the judiciary recommending a Uniform Civil Code was
evidence that Hindu values would be imposed over every Indian.
The orthodox Muslim felt that their communal identity was at stake if their
personal laws were governed by the judiciary. The member of Muslim parliament
member proposed a bill to protect their personal law in the parliament. The
congress reversed its previous position and court saying that he had fulfilled
all his obligations under Islamic law. The Supreme Court ruled in her favor in
1985 under the maintenance of wives and children and parents provision [section
125] of the citizens irrespective of religion. Beside her case two other Muslim
women had previously received maintenance under the Criminal Code in 1979 and
1980.
The Shah Bano case soon became National wide political issue and a widely
debated controversy. Many conditions like the supreme courts recommendation made
her case have such public and political interest. After the 1948 anti Sikh
Riots, minorities in India with Muslims being the largest, felt threatened with
the need to safeguard their culture. The All Indian Muslim Board defended the
application of their laws and supported this bill while the Hindu Right, the
left Muslim liberals and women’s organization strongly opposed it. The Muslim
women’s [protection of rights on divorce] was passed in 1986 which made a claim
emphasizing the importance of the cultural community over national by saying
that only a Muslim judge could intercede in such cases, I am finding that many
people are more sympathetic towards Muslim women that their own women. This is
very strange.
The politicians led to argument having two major sides; the congress and Muslim
conservation verses the Hindu right wing and the left. In 1987, the ministers of
social welfare, Rajendra Kumari Bajpai, reported that no women were give
maintenance by the Wakt Board in 1986. Women activist highlighted their legal
status and according to them main problem is that there many laws but women are
dominated not by secular laws the legal reversal of introducing the Muslim women
law significantly by hampered the nationwide women’s movement in the 1980’s.
Dr. B.R. Ambedkar on Uniform Civil Code-[4]
After the Indian independence there was a debate, though, argument, discourse
and dissertate to codify personal laws. Dr. B.R. Ambedkar expressed his anxiety
at the time of codification of Hindu code bill that-
‘I want to assert in this house while I am here that I shall hear no argument
from any community to say that the Parliament has no right to interfere in their
personal laws or any other laws. This Parliament is absolutely supreme and we
deal with any community, so far as their personal law is concerned apart from
their religion.
No community is in the state of mind that they are immune from the sovereign
authority of this Parliament.
I am asking of this house is thus:
That if you want to maintain the Hindu system, the Hindu culture, the Hindu
society does not hesitate to repair, where repair is necessary.’
When the B.R. Ambedkar first time has said in Parliament to implement Uniform
Civil Code, but there is consent at that time and not even today also. They
wanted to introduce an Uniform Civil Code in India during the Constitutional
debates by getting inspired by the western world where such Uniform Civil Code
already in societies, with the object of bringing uniformity and unity in
society. So it is a threat to communal harmony. When our politicians are not
ready even our law makers are not giving their consent then implementation and
execution is far away or a very big question of the decade.
Thus the Uniform Civil Code was left to be implemented by government in the
future and was added under Part IV of the Constitution as one of the Directive
Principles of State Policy. [5]
There are not only politicians but also many religions like- Jewish, Hindus,
Parsis, Muslims and Jains etc. in Hindu they follow dharma, in Muslim they
follow Fatvedari and in all other religions all people follow their own
cultures. So we all belong to different ideologies and to bring one thing in all
religions is a very big challenge.
To bring all the religions under the same roof and under the same code of
conduct is next to impossible for the country like India which has accepted the
secularism at the initial stage of Independence. It is quite difficult for us to
make all the religions understand that how important Uniform Civil Code is for
us and specially when we are talking about women’s, some religions are here in
India which do not consider women as the equal status and they define women as
being the most, most and most victimized personality of all the time.
Supreme Court discussed the need of Uniform Civil Code-
Disadvantages of Uniform Civil Code-[9]
Advantages of uniform civil code-[10]
By the implementation of a Uniform Civil Code across the nation will enable to
abolish gender discrimination from the nation. For example, according to various
religions, inheritance, marriages etc are male dominated. Women’s were treated
as chattels. After seven decades of independence also women are battling for
equality.
Overview of uniform civil code-
The issue of the uniform civil code has emerged into India’s
political discourse mainly because many Muslim woman affected adversely by the
personal laws. It is commonly observed that personal laws of almost all
religions are discriminatory towards woman. Men are usually granted upper
preferential status in matters of succession and inheritance. Uniform Civil Code
will bring both man and woman at par.
In India and according to our Constitution’s Article 14, we talk about Right to
Equality for both man and woman equally.
There are many lacks for women in Muslim law whether it is divorce, maintenance,
succession and inheritance, Nikah halala system at every place women is
suffering. Even there are differences in marriage system also. Like according to
section 3(f) (i) (ii) of Hindu Marriage Act Sapinda marriages are void or
marriages between brother and sister is void ab initio.
But at the other side
Muslims permit the Sapinda relationships, there is no violation in marriage
between brother and sister. This all will create a big problem towards the UCC
if it comes to an existence. For implement Uniform Civil Code, firstly it have
to make some laws in favor of all citizens, and have to collaborate between all
religions, by thinking for all religions and by giving some ideas in favor of
all religions and this will bring harmony among the peoples. It will not create
any conflict between peoples or religions.
Conclusion –
The phrase which is used in India is that ‘BHINATTA MEIN EKTA’ so the thing is
that why we should use Bhinnata, except we should use that ‘Ekta- ek mein hi
Ekta’. When we can have one Nation one tax than why cannot we have the one
nation one law? Specifically we are human, we are here to serve the humanity,
and we are here to save the humanity, to protect the human hood which we are
having.
The god has made all of us as humans the variations which we have given
ourselves as of the Hindus, as of the Muslim, as of the Christian, as of the
Parsis, as of the Jewish or as of the jain, is our own, it is not given by the
god. So we should understand that the Uniform Civil Code is signatory step so
that we can go for a particular code of conduct and can understand that it’s not
necessary for the India to be Bhinnata in Ekta, we can have same religion, same
caste, same thing that is the humanity. No Muslim, no Hindu, no Christian, no
Jewish, no Jains but humans. India needs right now a particular signatory step
for understanding the human hood firstly.
Than we can go for the other laws,
changing of laws, changing of Nikah Halala system, changing of condition of
women’s or changing of any other system but first we need equality especially
among ourselves than we can go for the Uniform Civil Code. So the law makers or
the judiciary or the administrator or the normal citizens of India, the first
step we should be taken in the proceedings of Uniform Civil Code is it to be
understand that we are humans we should not deviate ourselves and our coming
generation into Hindu’s, Muslim’s, Jewish’s, Jain’s etc. ‘A Uniform Civil Code
can only emerge through an evolutionary process, which preserves India’s rich
legal heritage, of which all the personal laws are equal constituents.’
End-Notes:
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