Uniform Civil Code

Uniform Civil Code

India is a land of diversity, intermingling of different religions, creeds, provinces and languages. Inspite of 55 years of independence the diversity of the country is not bound with a unifying force. There is a lack of emotional and national integration. Article 370 relating to Kashmir is an anomaly. It accords a special status to the state of J&K. People living in a nation are supposed to have one law based on the concept of one nation. India is not a tribal polity. To unify country into one healthy nation we have a constitution that gives equal rights to all Indians.

Then why should uniform civil law not. be brought into effect? Uniform civil code is indispensable for emotional and national integration. The funda-mentalists have even gone to the extent of saying that article 44 should be deleted. Article 44 enjoins upon the govt to try to bring into form uniform civil code.

If law is to serve its purpose in real sense, it must be progressive. In 1955 Hindu personal law was reformed. It is largely based on Manusmriti and other Brahamnical Law Books. Before reformation there were many discriminatory and oppressive elements in it. Bigamy for men, sati system, child marriage, discrimination against women & Dalits were done away with Varna system was abolished.

Then why can the Muslim Personal law not be reformed? The Muslim women in India are struggling for liberation while in most of the Islamic countries they are emancipated. Jordan has abolished the triple talaq. Pakistan ' did the same in 1961 by enacting Muslim Family law. There are scores of other examples.

In Shah Bano case in 1985 the constitution Bench of the Supreme Court observed that the government should act on Article 44 of the constitution. On May 10, 1995, the apex court asked the government to secure a uniform civil code. The Supreme Court of India has called for uniform civil code a number of times to protect the rights of the oppressed, specially of women. Now Hindu - husband married under Hindu law could marry another woman after he has embraced Islam.

Religion & faith are personal things but the laws are not personal. instead there should be one common law of the land applicable to all , irrespective of caste & creed. Muslims have no codified law. Being derive from the Holy Quran it is interpreted variously.