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 endeavour to secure for the citizens a uniform civil code throughout the territory of India" in Article 44 (Directive Principles of State Policy)

However, Directive Principles of State Policy are not enforceable by any court, but are fundamentals to borrow for efficient, progressive and constitutional governance. This said, one needs to emphasise that in case of conflict in Fundamental Rights and DPSP, Fundamental Rights are to be upheld as they are enforceable. 

But is Uniform Civil Code a mere reflection of the mentioned DPSP? Isn't it enforcing the Right of Equality for women suffering because of regressive laws? Right to Life granted by the constitution comes with Right to dignity as stated by judgements of Supreme Court. Isn't the practice of Triple Talaaq a violation to the Right of Dignity to the affected women. 

A religion which doesn't evolve with time to absorb the contemporary changes either dies or kills. The motivation of the Central Government behind implementing Uniform Civil Code shouldn't let us diverge from the main topic in hand which is Right to Equality. It is about time good decisions are taken for the benefit of all. 

Comments

Post a Comment

Popular posts from this blog

Getting Things Done: A Beginner's Guide

Buddha said the world is full of suffering, and I have scrolled enough social media to realize that is indeed the case. Heck, it feels like doomsday is around the corner. There is just misery all around. Everyone has got something which needs to be done!   There are problems spanning decades and unresolved issues plaguing generations, and this is without counting the Indian men's cricket team's propensity to lose in knockout matches. Therefore, to no one's surprise, the modern world is looking for problem solvers, people who can deconstruct these multi-layered, nuanced points of contention and arrive at an acceptable solution.   With 29 years of experience at being alive, a few months at an MNC and now 2 odd months in government, I have some ideas that should help a newcomer become the go-to man for any crisis. Like any other success guru, these are not at all well-researched and are purely anecdotal in nature.    Let's start with the primary answer to problems - mon...
Read more

Paperwork

Some 13 billion years ago, the Big Bang occurred, and the universe started taking its present shape. Brilliant minds of ours and earlier generations have spent a considerable amount of cognitive resources to unravel this mystery. Notwithstanding the appreciable progress made in our understanding, it has been suggested by many a bureaucrat that this wastage of human capacity could have been avoided if someone had neatly prepared an office note on the big bang then. The process of documentation and record-keeping is essential in government, as in any other form of organization that grows beyond the individual. Documenting known facts of any issue, discovering more through inquiry or academic research, and then forming a well-justified conclusion forms the core of any decision that is taken. This entire exercise is colloquially known as the "paperwork". Since the stakeholders aren't just the people making the decisions, it is important that paperwork is done with due diligen...
Read more

The Passengers

There are way too many of us humans around. It is only natural that too many of us meet the remaining of us, creating an inter web of connections, and friendships.  Think about it. When you were a kid, you had friends in your neighborhood, class, and maybe cousins you lived nearby. Then you met new people in College, while working at various places and so on. Some of your friends introduced you to their friends and then you knew more. If the sheer number of people you met and made friends with at various stages of your life were to be added, you could have at least won your colony's elections.  But, are you in touch with all of them now? Do you even have any memory with most of them? Or they have just become names, which ring a bell but you don't really know why!  The truth is, we all move on, consciously or unconsciously. The kid who sat next to you in that class, the best friend you played with every evening, or even the neighbor you shared your rooftop with, all fade i...
Read more