Skip to main content

In Search For a Uniform Civil Code

By
In India the constitution came into effect on 26th January, 1950. In theory we got a very liberal framework that could have been an instrument to promote equality among all Indians irrespective of caste, sex, race etc. Though a lot of progress has been made in form of social and cultural reform, several essential sectors have remained stuck in stone age.
Indian Law is still, by and large pathetically outdated. This is not a matter of dispute. All policymakers and lawyers accept this. Of course they prefer not to implement a new one. Who wants to change the syllabus anyway? :)

So what is the Big Fuss?

Simply put, the Indian laws, the Penal Code, the constitution, all, by and large do not differentiate between Indians. In comes the Personal Law. Hell, this one could well have been a troll comics in other countries. In spite of being a "secular" country, India has two distinct Personal Laws. One for a set of Indians, collectively called "Hindus" and the other one applies only to the "Muslims". Oh and another one applies only to the Christians.  Naturally they are called the Hindu, Muslim and Christian Personal Laws. Of course, the Sikhs, Jains, Buddhists may get real upset. So the "Hindu Personal Law" applies to all of them as well.

How is it so funny? What's the BIG DEAL?

Let me give you a wonderful example. In the Hindu Personal Law a guy can legally marry only one woman. In the Muslim Personal Law he can marry up-to 4 wives simultaneously. A Hindu guy can convert to Islam and get their quota of 4 wives fulfilled! As soon as he becomes a Muslim, the tyranny of the Hindu Personal Law no longer applies to him! This is not a hypothetical situation. Stuff like this happened. Check out this wonderful politician.

So why this difference?

Ah, well, its in the Holy scriptures you see. :D So legally the "secular" judiciary can not exercise jurisdiction on its matters. Another funny story is about divorce. In Hindu Personal Law divorce is a long drawn out affair. But in the Muslim Personal Law a triple talaq means end of the marriage "contract"! Its like you are fighting and lo, suddenly shoot a triple talaq at your wife point blank and she is no longer your wife! Scholars debate a lot on this topic. But only regarding the matter of a drunken husband. A ridiculous incident happened in 2012 in Delhi where a guy got drunk and triple-talaqed his wife. The lady was furious and challenged in the court. Guess what, the divorce was considered invalid! The ulema(Islamic scholars who are in direct liaison with God) pronounced the verdict un-Islamic and the divorce valid! Of course this guy thinks otherwise but his article, though well meaning, is somwhat contradictory. The Quran does not force you to TT your wife but it does permit it. As for the "four steps before triple talaq", they are not compulsory but only a recommendation.

There are other hilarious events like these God fearing folks came to know that a drunk hubby TT-ed his wife. So they became strangers and in keeping with upholding Divine laws they have been preventing the "erstwhile" couple from living together. Indeed unmarried people living together is haram.

Why not get a Law for everyone?

Hey, try getting one. Lets look at the history of these laws post Independence. Ironically it was the Indian National Congress that actually started pushing for a Uniform Civil Code and the Jan Sangh(present day BJP) opposed it. Alas! The demographics have changed now and the exact opposite it visible now with the BJP putting Civil Code even as  a central philosophy to nation building and Congress and even Marxist parties opposing it! The Indian political arena is unique that even leftist parties shy away from some of the fundamental secular ideals. There have been attempts to remedy the case of injustice and blatant inequality. You may look into the famous Shah Bano case for example. A simple Google Search will yield considerable results. If you wish to have a good laugh go through them. There are plenty of guys who oppose equality on the grounds of Shariah. In many countries these folks would have been successful stand-up comedians. But we are currently not short on humor.


Labels:

Comments

Post a Comment

No spam please :)

Popular posts from this blog

Operational Situational Summary - Ukraine 2 March

By
From a glance at the map and the news reports, it appears that the Russian advance has been very slow or even checked. However, a deeper look shows the situation has worsened significantly for Ukraine. That this happened as per my expectation in the past few posts makes me feel worse. In the North, the Russian forces have already encircled Chernihiv in the past couple of days. This is not yet fully updated on this map. The two strong armored spearheads from Konotop (which had also fallen) are currently holding in Pryluky and Nizhyn. The Chernihiv garrison probably has a day or two before the Russians reach Kozelets. Then any breakout attempt to Kyiv will become extremely difficult and will likely result in very heavy losses. It is to be expected that this city too, will fall soon without affecting the battle of Kyiv. This is bad for Ukraine. Now that the International Community has rallied for Ukraine, the previous fears of Russia dealing with breakaway republics in the East should be ...
Post a Comment
Read more

Saraswati Puja and Valentine's Day Coincide

By
I used to hear this a lot - for Bengalis (Bengali Hindus), Saraswati Pujo is equivalent to the Valentine's Day . Girls would wear yellow sarees and braid their hair, while guys will be wearing yellow punjabees and white dhoti or pajama.  This time on Feb 14, 2024, they fell on the same day. Woke up pretty early in the morning, showered, wore the dhuti and uttiyo and did Saraswati Puja. Most of the mantras I have got by heart now. After the pushpanjali , I was done and we (my mother and I) could then break our fast with the Mahaprasad . Took a day off for the day, but still joined for a quick catchup call.  This is how she looks like. There is a bit of a history here. Usually, Hindus get the vigraha from the shop every year, worship and then do visarjan (immersion) in a river or pond. However, she is with us since I was in class IX. When I was in Standard X, my grandmother had died. As part of the souch (relatively inauspicious greiving period), we could not get a new vigra...
Post a Comment
Read more

Growing up

By
Time affects everything and everyone We all grow up. After college, friends go places, to different states and far away countries. You get less and less time. Some go for higher studies, again, in other states. Parents get older. Then friends start getting married. First it’s usually the girls. One by one, your crushes tie the knot. You dismiss it, you are still young. Then your guy friends start getting married too. Your circle shrinks. In the end you look around. All you are left with are ideological nutjobs, immature imbeciles, idealistic crazies, bohemian hippies, or other misfits. Do you really belong here? Okay, that was too harsh. But you think. You say to yourself, ‘ dil to baccha hai jee ’.  Okay, fair enough. And then... Then, you see a growing pot belly. Something you always despised. Your dad had one (he still does). After taking a shower, you look at the mirror. You are losing hair. You search on Amazon for hair growing products - it is too much of a hassle. Hair trans...
Post a Comment
Read more