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Modi government is right regarding Uniform Civil Code: Senior SC lawyer
Recently the Union government filed an affidavit in the Supreme Court of India opposing practices like triple talaq. The government reasoned that these laws should be struck down as a measure towards gender equality.

Needless to say this has caused concern among minority communities with reference to the status of their personal laws. The BJP promised a Uniform Civil Code and this affidavit is seen as one step towards that. The Constitution as part of its Directive Principles of State Policy also calls upon the state to endeavour to bring in a Uniform Civil Code.

To understand the legalities, I got in touch with Raghav Awasthi, a senior lawyer of Supreme Court. Here are the questions I asked him:

Question-Why this government is right in taking steps towards Uniform Civil Code in India?

Ans- Look, the Supreme Court of India in its famous judgment in the case of Minerva Mills Vs Union of India, 1980 very clearly says that the Directive Principles of state policies are goals while the fundamental rights are the means, also right to freedom of religion cannot be interpreted in a way that would lead to not having a Uniform Civil Code.

Question-But Muslim groups are saying that any changes will hurt their religious rights and thus against the fundamental right of right to freedom of religion?

Ans-We must need to keep in mind that Article 25 has been explicitly made subservient to the other provisions of part 3 of the Constitution including Article 14 which guarantees the right to equality. Hence, if Muslim laws of inheritance are unfair to women in such as they prescribe differential shares for sons and daughters of the deceased, or triple talaq for that matter, they are liable to be struck down in a summary fashion.

Question -If that is the legal and Constitutional provision, then why previous governments never took steps in this direction?

Ans-Previous governments found it better to keep Muslim women disenfranchised because it made it easier for them to court regressive clerics who would then deliver Muslim votes in masses to them.

Question-So, why academicians and feminist writers are questioning the government's move and calling it a Hindutva agenda?

Ans-It seems to me that they have no understanding of the Constitution of India and have anti-BJP phobia.

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