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Implement Uniform Civil Code in consonance with article 16 of the Universal Declaration of Human Rights
Satbir Singh Bedi | 24 Jul 2013

Article 16 of the UNIVERSAL DECLARATION OF HUMAN RIGHTS STATES:

  • (1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
  • (2) Marriage shall be entered into only with the free and full consent of the intending spouses.
  • (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
  •  
FR 15.(1) relating to  Prohibition of discrimination on grounds of religion, race, caste, 
sex or place of birth. states that The State shall not discriminate against any citizen 
on grounds only of religion, race, caste, sex, place of birth or any of them.   
 
Yet the Sharia Personal Law of the Muslims violates both the Article 16 of the UNIVERSAL DECLARATION OF HUMAN RIGHTS AND FR 15(1) OF THE CONSTITUTION OF INDIA IN AS MUCH AS THAT IT DENIES THE MUSLIM WOMEN EQUAL RIGHTS AS TO MARRIAGE, DURING MARRIAGE AND AT ITS DISSOLUTION BY ALLOWING MUSLIM MEN TO HAVE FOUR LIVING WIVES WHILE RESTRICTING THE MUSLIM WOMEN TO HAVE  ONLY ONE LIVING HUSBAND.  MOREOVER, EQUAL RIGHTS ARE NOT GIVEN TO MUSLIM WOMEN DURING MARRIAGE AND AT ITS DISSOLUTION.  A MUSLIM MAN CAN DIVORCE A MUSLIM WOMAN BY SAYING 'TALAAQ' THREE TIMES WHILE THE SAME RIGHT IS NOT GIVEN TO THE WOMEN.  MOREOVER ARTICLE 16 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS LAYS EMPHASIS ON WOMEN OF FULL AGE HAVE THE RIGHT TO MARRY BUT ACCORDING TO SHARIA, EVEN A GIRL AS YOUNG AS NINE YEARS OLD IS ALLOWED TO BE MARRIED.  FROM THIS, IT IS QUITE CLEAR THAT GOVT. OF INDIA BY GIVING CONSENT TO SHARIA PERSONAL LAW OF THE MUSLIMS IS VIOLATING ARTICLE 16 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS.  FLAGRANT VIOLATIONS OF (I) ARTICLE 16 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND (II) OF FR 15 (1) OF THE CONSTITUTION OF INDIA DOES NOT ADD TO THE GLORY OF THE GOVT. OF INDIA AND MAKES IT A VIOLATOR OF THE CONSTITUTION OF INDIA AND UNIVERSAL DECLARATION OF HUMAN RIGHTS.  HENCE A UNIFORM CIVIL CODE AS STIPULATED IN THE DIRECTIVE PRINCIPLES OF THE CONSTITUTION SHOULD BE FRAMED AND IMPLEMENTED IMMEDIATELY IN CONSONANCE WITH THE ARTICLE 16 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND FR 15(1) OF THE CONSTITUTION OF INDIA FIXING A UNIFORM LOWER LIMIT FOR MARRIAGEABLE AGE TO SAVE THE GOVT. FROM VIOLATING THE CONSTITUTION OF INDIA.  SUPREME COURT OF INDIA SHOULD ALSO GIVE DIRECTIONS IN THIS REGARD TO THE GOVT. OF INDIA.