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Politics of Uniform Civil Code
BJP and its supporters used to call for implementation of Uniform Civil Code. They have their own thought procedures and I don't have any issue with that. But on an important issue like Uniform Civil Code, there should not be any politics and government must work to get to a consensus.

BJP persons have to understand that presently they are in government and making law is their duty and not making sheer allegations against others. It is most unfortunate that people used to relate UCC and discrimination.

We know that there are certain laws against different types of discrimination like dowry, untouchability, child abuses, child labour and so on. Why still we failed to remove all these evils from society? Who is responsible for all that?

Uniform Civil Code (UCC) is a very contentious at the same time very important issue but people used to raise this issue without understanding the complications involved thanks to politicisation of each and everything in our country. Most of the right-wingers are of the view that it is need of the hour to implement Uniform Civil Code in country instead of prevailing different religious laws in different parts of the country.

Sometime people used to point out that when Goa, a state of this country can have its own uniform civil code why it cannot be implemented in rest of India. Though it is true that a different version of law prevails in Goa but we can't classify it as Uniform Civil Code. It has certainly very specific provisions for one community whereas same provisions can't be availed by other communities. Let us see few differences:

1) Muslim and other men who have registered marriage in Goa can not avail facility of bigamy or polygamy whereas their brethren from Hindu community are allowed for bigamy if wife fails to deliver a child by the age of 25 or male child by the age of 30.

2) Roman Catholics can solemnize their marriage in church if they can avail NOC from registrar whereas for others proof of marriage is accepted only through civil registration of marriage.

3) No form of verbal divorce is accepted for Muslim though it is acceptable as per Indian constitution.

4) Hindus can divorce their wife only on the ground of adultery.

5) Laws are having inequalities between legitimate and illegitimate and adopted children.

So in reality, we can't conclude that Goa is having a UCC for its inhabitants. In reality there is same law for all the countrymen related to public normally. They can be termed as public laws but when it comes to personal laws, which normally are related to marriage, divorce, inheritance, adoption etc they are governed by different scriptures and customs of each major community of the country.

Article 44 of Directive Principals of India makes it a state duty to implement UCC but the directive principals are only guidelines and it is not mandatory to use them. So, right wing scholars are again wrong that it has to be implemented since it is part of constitution. Any guidelines need not be necessarily have to be implemented.

There are hundreds of guidelines on the subject of several reforms that are pending, but, there is no hue and cry on those subject. Those even involve as important as of policing and judiciary. Let us see what is the stance of the current government led by BJP on the subject-

Law Minister Mr. Sadanand Gowda said in October 2015, "For the interest of national integration, a common civil code is necessary. But it is very sensitive issue. It needs very wider consultation. Even communities, even across the party line, even various organizations... it need to have wider consultation," as reported by NDTV.

After that in December of 2015, even the Supreme Court Bench comprising Chief Justice TS Thakur, AK Sikri and R Banumathi rejected a PIL filed by Ashwini Kumar retorting that court can't direct Parliament to introduce Uniform Civil Code.

It must be understood that it is not as simple as they are trying to prove the masses of the country that Muslims are opposing UCC. That is completely wrong notion attributed to community just as terrorist tag has been attached to community. If BJP and other Parliamentarians are really interested in implementing UCC across India, first they have to come up with a draft proposal.

Two years had elapsed of this government of BJP, why they have not drafted even a proposal on the subject, which could have been presented to public to read and discuss with the government on open platform. Muslims are not against anything but they should be consulted on the subject where their voice is important. Since UCC involves the personal laws governing individual life, it is but obvious that all stakeholders must be taken into confidence before implementing any law on the subject matter.

BJP at the moment is having best mind in the field of law that includes noted lawyers like Mr. Ram Jethmalani, Mr. Ravi Shankar Prasad, Mr. Mahesh Jethmalani, Mr. Arun Jaitley therefore I ask BJP people to stop lying on the subject and fooling the people of this country. Ask these distinguished lawyers to come with a draft proposal on the subject and leave that for a certain period of time for public scrutiny.

We, the Muslims in the country also abhor all types of discrimination against any single individual and that should be stopped at any cost. But an important issue such UCC should not be made only a political tool to gain political brownie points.

Editorial NOTE: This article is categorized under Opinion Section. The views expressed in this article are solely those of the author and do not necessarily represent the views of In case you have a opposing view, please click here to share the same in the comments section.
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