Uniform Civil Code: The dilemma
Much has been discussed and debated recently about Uniform Civil Code with Central Government being asked by the apex court of its response on Shayara Bano's petition. Petitioner Bano challenged the constitutionality of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, in so far as it seeks to recognise and validate polygamy, triple talaq and 'nikah halala'. The Union government told the Supreme Court that 'triple talaq', 'nikaah halaal' and polygamy, as practised by the Muslims in India, were not "integral to the practices of Islam or essential religious practices". This has brought the topic of Uniform Civil Code into foreground again. While a large majority approves of UCC, the critics of UCC come mainly from Islamist groups who claim this would be a violation of their Right to practice their religion. Interestingly, apart from the aforementioned fundamental right, Constitution also says that "The State shall endeav