A step closer to Uniform Civil Code
Article 44 of the Indian Constitution directs the state to secure Uniform Civil Code under the Community Welfare Charter. UCC is something that the whole society should look forward to. Providing a common and uniform platform to the personal matters, it would give a new direction to justice for the ones who suffer the dilemmas of personal laws. Hindu or Muslim, each and every religious practice has the right to prevail; but not when the cost is to be paid with sufferings.
We applauded at the decision of Hon’ble Supreme Court, declaring instant talaq or ‘triple talaq’ unconstitutional as per Article 14 of the Indian Constitution. However, it is not fortunate to see the reactions some people make against this step. Muslim women are an important sect of the society who came along collectively opposing the practice of triple talaq. Political turn away seems irreversible in every condition though, but this remains something which requires vision from different dimension for the society. No doubt, there are several other practices which prevail and needs to be removed from society. But this couldn’t be a good defence in favour of triple talaq. Interference is not the right word being used. Rectifying something is not going against the views and beliefs or a particular sect. Hindu law has evolved itself with time. Polygamy, dowry, marital rape, polygamy, maintenance, inheritance rights, right to property, nikah-halala etc etc. There is a list of endless problems which needs redressal. Triple Talaq was one of them which came down. Personal laws give an edge to the beliefs of a particular religion, but it does not completely define a particular religion.
The debate on implementation of Uniform Civil Code has heated up with the decision of scrapping down instant divorce, i.e., triple talaq. The Union Law Ministry seeks the suggestions of the Law commission in this context. UCC is the need of hour carrying several advantages for communities and society at large. It would ensure gender equality with a vision of unifying the youth towards peace and nation building Registration of marriages is very essential for UCC to enforce. Also, taking radical decisions on some practices of personal laws should be taken. Judicial Activism is mainly required for this as political instability seems constant on the UCC debate over vote banks and pleasing some sect.
UCC is in no way forcing upon any rituals of one sect on another. It would govern the broad concepts like marriage, divorce, inheritance etc and not the narrow once like rituals, practices and beliefs. We already seek legal assistance and court’s remedy in most of these broader concepts. Then, how could a law ensuring equality for all on these grounds be INTERFERENCE of some sort into personal matters? We seek Secularism so loudly, then why do we opt against UCC? UCC is one of the best ways to ensure secularism. It would in no way end or hurt the beliefs of any religion. It is a golden way where every religion along with working on its practices and beliefs could be ensured equality and upliftment of sections like women and young children. We have an urge to remove differences between different diversities, then why is our voice so shallow when it comes to gaining equality? It is needed to be understood that UCC is not a one-party agenda; it has been given place in the Constitution of India for a reason. UCC was given place in the Directive Principles of the State Policy with a view that some legislation would be formed for it with time. Society takes time to develop, but we cannot stand on the same place just watching the world run from the window. Mindsets from ground level need to come up to accept the concept of UCC.
Article 44 of the Indian Constitution directs the state to secure Uniform Civil Code under the Community Welfare Charter. UCC is something that the whole society should look forward to. Providing a common and uniform platform to the personal matters, it would give a new direction to justice for the ones who suffer the dilemmas of personal laws. Hindu or Muslim, each and every religious practice has the right to prevail; but not when the cost is to be paid with sufferings.
We applauded at the decision of Hon’ble Supreme Court, declaring instant talaq or ‘triple talaq’ unconstitutional as per Article 14 of the Indian Constitution. However, it is not fortunate to see the reactions some people make against this step. Muslim women are an important sect of the society who came along collectively opposing the practice of triple talaq. Political turn away seems irreversible in every condition though, but this remains something which requires vision from different dimension for the society. No doubt, there are several other practices which prevail and needs to be removed from society. But this couldn’t be a good defence in favour of triple talaq. Interference is not the right word being used. Rectifying something is not going against the views and beliefs or a particular sect. Hindu law has evolved itself with time. Polygamy, dowry, marital rape, polygamy, maintenance, inheritance rights, right to property, nikah-halala etc etc. There is a list of endless problems which needs redressal. Triple Talaq was one of them which came down. Personal laws give an edge to the beliefs of a particular religion, but it does not completely define a particular religion.
The debate on implementation of Uniform Civil Code has heated up with the decision of scrapping down instant divorce, i.e., triple talaq. The Union Law Ministry seeks the suggestions of the Law commission in this context. UCC is the need of hour carrying several advantages for communities and society at large. It would ensure gender equality with a vision of unifying the youth towards peace and nation building Registration of marriages is very essential for UCC to enforce. Also, taking radical decisions on some practices of personal laws should be taken. Judicial Activism is mainly required for this as political instability seems constant on the UCC debate over vote banks and pleasing some sect.
UCC is in no way forcing upon any rituals of one sect on another. It would govern the broad concepts like marriage, divorce, inheritance etc and not the narrow once like rituals, practices and beliefs. We already seek legal assistance and court’s remedy in most of these broader concepts. Then, how could a law ensuring equality for all on these grounds be INTERFERENCE of some sort into personal matters? We seek Secularism so loudly, then why do we opt against UCC? UCC is one of the best ways to ensure secularism. It would in no way end or hurt the beliefs of any religion. It is a golden way where every religion along with working on its practices and beliefs could be ensured equality and upliftment of sections like women and young children. We have an urge to remove differences between different diversities, then why is our voice so shallow when it comes to gaining equality? It is needed to be understood that UCC is not a one-party agenda; it has been given place in the Constitution of India for a reason. UCC was given place in the Directive Principles of the State Policy with a view that some legislation would be formed for it with time. Society takes time to develop, but we cannot stand on the same place just watching the world run from the window. Mindsets from ground level need to come up to accept the concept of UCC.
