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Common or uniform civil code for India (Page 3)

swordfishh IF-Dazzler
swordfishh
swordfishh

Joined: 28 April 2005
Posts: 3024

Posted: 11 March 2007 at 10:46am | IP Logged
Originally posted by raj5000

Originally posted by swordfishh

Originally posted by raj5000

Originally posted by Maya_M

In our secular India till we have caste and religion based reservation quota system one people-one law is an implausible dream.

My reasoning on why we were unsuccessful in adopting common civil code-

1. Most political parties opposing this law has minority as vote bank. So they continue to reject for obvious reasons.

2. Common people belonging to minority are doubtful about loss of their actual identity and marginalized in Indian society.

Uniform Civil Code - sounds idealistic but for the reason you mentioned, I don't see UCC, even given a thought by law makers(politicians).

Well the Right wing wants a UCC.... The BJP always wanted a UCC

But there is a principle in Constitutional Law called Equality Among Equals... Only those people who are placed equally need to be treated equally. Those who are not equally placed should not be given the same treatment. A citizen should be treated according to his status to ensure fairness and justice. And thats one reason why UCC is not being implemented. The citizens of India are not equally placed... Atleast as of now...

BJP wants UCC, for what reasons?? Its all political pitches to influence younger liberal votes. Can you ever imagine BJP and allias agreeing on cow slaughter. If at all they enforce UCC it will be more like Hindu Civil Code not Universal. Drills down to interests of vote banks which support particular political parties, most political parties are biased on religions and thats why I don't see UCC in law maker's mind.

I see your point. And in all probability a UCC will ban cow slaughter if the UCC adresses that aspect at all. Cuz the Directive Principles which propagate UCC also encourages a ban on Cow Slaughter. But the thing is a UCC will mainly deal with provisions for Marriage, Property and Inheritence. If a UCC is enforced, a Muslim man will not be allowed to marry more than once, or divorce his wife according to Islamic procedures saying *talaq talaq talaq* .... A Muslim woman would be entitled to maintenance depending on what the court decides and not depending on the Meher amount. These are the main concerns of a UCC which will support the BJP's cause and propaganda.

However... I cannot help wondering if the UCC would mean entry of Non Hindus into temples like the Gurvayur Temple where Yesudas was denied entry because he was Christian. Will Foreign tourists be allowed entry into the specific Hindu temples after the enforcement of a UCC??

qwertyesque IF-Rockerz
qwertyesque
qwertyesque

Joined: 03 December 2006
Posts: 5953

Posted: 11 March 2007 at 3:46pm | IP Logged

Originally posted by swordfishh

Ohh the UCC is an extremely debated proposition...
A little into the Indian Constitution... The Directive Principles of State Policy says all states should try to enforce a UCC... But there lies a fundamental difficulty in this...
If a UCC is in violation of Fundamental Rights then it wil be a problem...
Once a UCC is enacted, it will hit at the personal religious laws. Then the Muslims cannot use the Shariat Laws for matters like marriage, divorce and property. They will have to follow the UCC laws. They will not be allowed to have more than one wife. While this might bring about uniformity, it can be argued that a UCC will a violation of Articles 25-30 which gurantee Right to Freedom of Religion.
Minority organisations are strictly against the UCC for the same reasons
.

Even with the first amendment.. Muslims cant practise these things in the USA can they? Does US allow polygamy based on religion? If indian muslims coming on family visa's can survive... despite mostly the lack of education many times with these religious limitations... why is it a big issue in india.?



Edited by qwertyesque - 11 March 2007 at 4:01pm
anjali14 Groupbie
anjali14
anjali14

Joined: 19 November 2006
Posts: 143

Posted: 11 March 2007 at 8:56pm | IP Logged
Originally posted by qwertyesque

Originally posted by swordfishh

Ohh the UCC is an extremely debated proposition...
A little into the Indian Constitution... The Directive Principles of State Policy says all states should try to enforce a UCC... But there lies a fundamental difficulty in this...
If a UCC is in violation of Fundamental Rights then it wil be a problem...
Once a UCC is enacted, it will hit at the personal religious laws. Then the Muslims cannot use the Shariat Laws for matters like marriage, divorce and property. They will have to follow the UCC laws. They will not be allowed to have more than one wife. While this might bring about uniformity, it can be argued that a UCC will a violation of Articles 25-30 which gurantee Right to Freedom of Religion.
Minority organisations are strictly against the UCC for the same reasons
.

Even with the first amendment.. Muslims cant practise these things in the USA can they? Does US allow polygamy based on religion? If indian muslims coming on family visa's can survive... despite mostly the lack of education many times with these religious limitations... why is it a big issue in india.?



Wait.. So what is a big issue in India? Sorry, I've been having confusing moments today. LOL

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