Modern as well as historical mega-establishments oft referred to as nations have essentially evolved from a sense of identifiable homogeneous
social setups. The subtle extension of this theme over the years has seen
progressive societies of the modern times to have largely striven to integrate
all the disparate groups under a common ambit irrespective of their ethnic
identities , race etc or rather have shown the intent to strive to achieve this congruence and equity.
There has been a constant endeavour to do away with archaic
laws of the past which were felt to be drawing a wedge between myriad groups ,
essentially to evolve a truly national identity cutting across diverse cultural
setups. However, it is imperative to understand whether such a step ,in effect
, leads to further isolation of the minor communities or if it contributes to
establishing a truly modern society where the uniqueness and peculiarity of
each are given their due space parallel to the modern progressionist and
equitable society that is aspired to be setup.
Globally, most of the countries with considerable cultural
and religious diversity have successfully implemented a uniform civil code with
little or no objection from the minority communities. Moreover, many other theocratic states with a greater
influence of misinterpreted religious extremism over governence have also taken steps to
abolish such outdated and archaic practices , as far as the official records
and laws are concerned. The fact that countries with an official state religion
have undergone sizeable reforms is a strong basis to conclude that the
practices in question do not form an integral part of the religious system.
However, the Indian establishment has historically lacked the
acumen and perhaps, intent to challenge and reform this inequitable civil
legislative arrangement in India. The issue of uniform civil code is back in
prominence after a certain Afreen Rehman moved the Supreme Court against the
Islamic practice of Talaq-E-Bidat , better famous as "Triple Talaq"
,after being divorced remotely via "Speed Post".
According to the news report published by the Times of
India, “Talaq-e-bidat is a practice by which a Muslim man can divorce his wife
by saying ‘talaq’ more than once any time in the duration between his wife’s
periods. He can also get divorce instantaneously by repeating the word ‘talaq’
three times, a practice called unilateral triple-talaq.”
Time and again, the issue of a uniform civil code has put
its neck out in the form of various instances - the Shah Bano case being one of the more
prominent ones amongst others. After the government blunder , back in the Shah Bano
case, this is another lamentable incidence which points towards one of the most
crucial civil reforms seeking immediate discourse and possible substantial
action in the due course.
Muslims comprise of close to 15% of the Indian Population
and as per the records have been the laggards when weighed against key social
and economic indicators. If we do see
the Indian society progressing as a homogenous entity , it is vital that the
lawmakers work in close collaboration with the key stake holders from the
community for further elevating the
audience here rather than fear the repercussions of the religion/ caste based
politics witnessed in the past by the mainstream players of the political
arena.
Doing away with Islamic religion-based polygamy, talaq, halala
and inheritance laws, is a necessary and urgent part of all this. In a secular
setup akin to ours, it is imperative that the personal laws are in compliance
with the constitution and practised accordingly.
Lastly, the government of the day has been accused of communalising
the issue and attempting to disturb the socially diverse fabric of the country
by trying to “impose” the uniformity in the civil codes. For starters, the Law Commission has only
floated the idea of soliciting opinion across communities and not “impose” any
legislation.
Secondly, on the political front, successive governments in
the past have played their parts in reforming personal laws of across
communities – Casepoints being the Jawaharlal
Nehru Government bringing about major reforms to the Hindu Personal Laws,
Manmohan Singh Government furthering the legislative changes with regard to gender
equality in the Hindu Undivided Family while the Vajpayee Government amending the provisions of
marriage and divorce relating to the Christian community in order to bring
about the gender equality.
About time that a spade can be called a "spade" without hesitation..
