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| Need for Uniform Civil Code | | | Omkar Dattatray | 7/11/2021 11:26:20 PM |
| India is on the path of one nation one code and in this march uniform civil code for all Indians is much needed and all steps should be taken to legislate and implement the common civil code for all Indians. The NDA government headed by the BJP has been on the path of fulfilling the agenda of the party. But one fails to understand as to why the ruling party is not effecting, initiating and implementing the common code for all Indians .Since the rulers have abrogated the controversial article 370 of the constitution and have also made sincere efforts in the direction of the solving the Ramjanamboomi Babri Masjid issue and has also enacted the triple talaq bill for the benefit of the Muslim women but at the same time why there is no initiative for the passage of the common civil code for all Indians which was also an item of agenda in the elections manifesto of the BJP and as such all efforts should be made to make a uniform common code a reality.
On 23rd of last November, the representatives of the Muslim and Christian community under the banner of Bharitya Mathdata Sangathan have urged the government to enact the common civil code for all Indians and therefore we should enact and implement the much needed law for justice to the all citizens especially to the Muslim women A former judge of the supreme court has said that the common code has been implemented by the Goa government and there is no problem in the state to anybody there with any of the provisions of the law. Taking a cue from this, sincere efforts should be made in the direction of the launching and implementing of the common code for all the Indians. There is need to change according to the changing times and the people should be educated about the benefits of the common code .In this regard the voice of change should come from the society itself and then only we will be able to enacted and implement the common civil code for all the Indians. All the sane Muslims are in favour of the common civil code .It is very unfortunate that the feeling has developed in the country that the demand for the common code has been raised by the BJP and the Sangh so the law is a Hindu agenda while the fact is that the common code has nothing to do with the Hindu agenda. The stark reality is that the common civil code is in the interest of all the Indian citizens.
Therefore the type of the unanimity as developed for the triple talaq should develop on UCC also .It is so good if the demand for the common civil code comes from the Muslim community itself. It should be noted that the Muslim women want greater justice and gender equality and want that the polygamy should be banned. But it is an irony that whenever some efforts are undertaken in this direction unnecessary hue and cry is created by the Muslim community though the common Muslim has nothing to do with it. The fact is that the CCM is in Favour of the Muslim women. Is not it true that when Hindu code bill was enacted all the Hindus opposed it but later all the people favoured it as they understood its importance.
Therefore instead of looking to the opposition the government should proceed to enact the UCC without wasting the time. Noted Bollywood actor Gajengra Chauhan has said that if nature does not discriminate between men and women then why should there be discrimination before the law. Uniform civil code will protect the rights of the women and children.
The maximum benefits of the law will be to the Muslim women and children. Dr Ambedkar was a staunch proponent of the common civil code and he has said that the uniform civil code is inseparably interwoven into our legislative and constitutional scheme without which other fundamental and constitutional rights are but functionally inadequate. Successive governments have not only disregarded the constitution and its chief architect but have also disregarded apex courts numerous remainders right from the Shah Bano’s Case. The present government should take the opportunity and make sincere efforts in the direction of enacting and implementing the common civil code for all Indians and in this lies good of the country and its citizens. There is urgent need for a common civil code for all Indians irrespective of the religious affiliation and people belonging to all faiths should be governed by the same set of the uniform laws. The article 44 of the Indian constitution hopes that the government will make efforts for legislating on the subject of the uniform civil code for all Indians.Thus the directive principles of the state policy says that the powers shall make efforts for legislating on the subject of the uniform code for all Indians irrespective of the religion. The common civil code is also on the agenda of the BJP since decades and the party wants to legislate on this important subject but there is much politics on this important issue and some Muslim organisations oppose it for their vested interests and do not allow the country to have a common code for all Indians. The subject of the common civil code has occupied the central stage due to the Delhi high courts comment on this important issue and the honourable court has asked the central government to ensure that a common civil law for all Indians irrespective of the faith is made. The court further is of the opinion that there is urgent need for such a law in the country so that all the communities are governed by the same civil law instead of the personal laws of the communities. Thus now the BJP government should enact a law for making of the common civil code for all Indians a reality. When there is same DNA of all Indians and so there should be same personal laws for all Indians irrespective of the faith .The common civil code for all will give strength to secularism and national integration and thus the same law for all the faiths should be legislated and implemented in the interest of the nation. No Hindu Muslim issue should be raised on this important issue and Hindu Muslim angle should not be resorted to for the sake of the national cohesion and national integration. In the same country there can not be different personal laws for different communities but the same personal law’s should apply to all the faiths.
Thus the same divorce laws, property law’s ,succession laws ,adoption laws and the like should apply to all the people belonging to different faiths .Now the Delhi high court has asked the central government to legislate on this issue and thus the BJP government should take the necessary steps in the direction of promulgating of the same civil law for all Indians belonging to various faiths. The same personal laws for all the communities will give a boost to the national integration and it will eliminate the disparity between the communities in the matter of the property ,succession ,adoption, divorce and other family matters.
Therefore the NDA government should take effective measures in the direction of making the uniform civil code a success in India. It will be a historical achievement if the common law for all the faiths will be enacted and implemented in the interest of the nation.
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