Pros & Cons of Uniform Civil Code
Isn’t it the Right Time?
India is fortunate to finally have a strong nationalist and decisive government since 2014 that got reelected with bigger majority in 2019. It almost performed the miracle by abrogating the temporary article 370 to fully absorb J&K with rest of India, then passing the instant Triple Talaq bill despite fierce opposition by ossified brained mullahs (along with their ‘secular’ buddies) and its stand in the Supreme Court paved the way for Ram Temple Construction in Ayodhya ending decades of inaction and delaying tactics by the Congress Party. Let’s hope, the Modi government will soon be able to implement the uniform civil code (UCC) the country is waiting for 7 decades.
Non-Implementation of the Uniform Civil Code (UCC)
Non implementation of the Uniform Civil Code (UCC) even after 7 decades is seriously undermining Indian democracy by perpetuating inequalities. It is an issue that the past governments have been evading – largely to please the backward looking Muslim clergy that controls Muslim votes. It is amazing that we have a British given common criminal code for all, but even after 70 years there is no attempt to build consensus to implement the common civil code and replace so many personal laws. These are laws dealing with the matters involving marriage, divorce, inheritance, adoption and maintenance in the respective religious communities.
While framing the Constitution these personal laws were debated extensively; the progressive thinkers saw them as divisive and wanted a Uniform Civil Code for all Indians – in order to create a unique Indian national identity and eradicate caste and religion based identities. But they were opposed on the ground that it would destroy the cultural identity of minorities (particularly, Muslims). Thus, a compromise was reached – the UCC was placed under the Directive principles (these are non-binding), but which the state shall endeavor to achieve. Hence, the Article 44 of the Constitution says: “The State shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.” It must be seen along with the Article 14 which ensures right to equality.
The issue of UCC came under national limelight in the mid-80s after the infamous Shah Bano case, but the Congress leaders’ mullah appeasement politics betrayed Muslim women and hurt the cause of national integration.
Goa can be a good role model and can show the way. It has a Common Family Law which is also called Goa Civil Code and governs all Goans, although it allows some exceptions to some communities. It is certainly not an ideal Uniform Civil Code, but shows that it is possible to move towards a UCC.
Muslim Clergy – The Biggest Roadblock to the UCC
The biggest hurdle in implementing the UCC is the orthodox Muslim clergy – the darling of appeasement politicians who nurture them for vote bank politics. These maulvis have formed an elite club called the All India Muslim Personal Law Board (AIMPLB). They have other groups that are equally fanatic. They are all clearly connected with cash rich global jihadi lobby that promotes intolerant Wahabbi mindset among Muslims. Their Sharia glues them to the culture of the 7th century Arab tribal world. They are primarily responsible for the typical tendencies of ghettoisation and isolationism in the Indian Muslim community that keeps them backward and separated from the mainstream Indian society. ‘Their Islam’ reduces their followers to the status of pre-programmed robots and women-folks to the level of commodity and sex objects for sensual pleasure and breeding.
70 years ago, a gang of power hungry Mullahs broke the great united India to get their Sharia Paradise called Pakistan. A lot of Muslims from Hindu India migrated to the ‘fairy paradise’ of Islam only to be mocked with the derogatory label, Mohajir (Refugee) and became second grade Pakistanis! Therefore, those who did not go to the Sharia-Paradise, should have learnt to live peacefully like other communities in a secular society dominated by peace-loving and tolerant Hindus. But they failed miserably. Their ossified mindset is a serious road-block towards creating a modern integrated Indian society run under one law.
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