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 - money.
Read more

Comfortably Numb

Image
I have heard it a lot. It's all over movies, books, podcasts and WhatsApp forwards. Life ought to be enjoyed. Wake up, seize the day, Watch the sunset, go hiking! It all feels inspiring and transcendental. Anything out of the routine must be good, I suppose.  But I must admit, I just don't get it. It doesn't do the trick, or I may not be cut out for it. I have gone out with friends to watch the sun rise or set innumerable times. There are always murmurs of the extraordinary beauty of the phenomenon. If some lake or sea is on the horizon, the excitement levels are off the charts. And there, I feel like a UPSC topper being asked about tips and tricks to clear the exam. I can act like I know what's happening, but that's a facade we all like to collectively believe in. It might feel that I have an agenda against the sun, but my numbness isn't limited to the sun. I am trying to figure out why I should be amazed by the clouds. The planes have taken me over them, lit
Read more

The Power of Unmanifesting

Image
Rohit Sharma had been timing the ball well, Shami was on song, and Kohli had never been more determined. The 2023 Cricket World Cup could not have come at a better time. The Indian team was riding high on form and practice. In a quiet corner of Kolkata, Abhishek had been manifesting this. An ardent fan of the Indian cricket team, he has been manifesting this situation since 2019. Brick by brick, he visualised each batsman getting into a particular role, each bowler perfecting their wide yorkers. But by 2023, it was too much for God. God had grown increasingly tired of the constant bitching and interference of Abhishek in his plans. S/he originally wanted India to win the cup, but Abhishek annoyed him more than the pop-up ads. No wonder India faltered at the last step! Manifestation is the buzzword these days. It has taken over the world by storm. People are manifesting to lose weight, start a business, or get a degree. However, it is all hogwash, a product of the greased wheels o
Read more