SINCE BJP IS the only political party that has made a longstanding commitment in its manifestos to intro-duce a Uniform Civil Code (UCC) when in power, all those parties that are desperate to bring down the BJP-led government at the Centre have found a convenient tool to mobilise anti-BJP hysteria among Muslims and Christians using fear of “Hinduisation” through UCC.
This is happening despite the fact that Article 44 of the Directive Principles of the Indian Constitution clearly mandates that “the state shall endeavour to secure for all citizens a Uniform Civil Code throughout the territory of India”. And the Constitution was drafted under the ultra secular leadership of Jawaharlal Nehru! Yet, anyone raising this issue today is promptly dubbed an anti-minority communalist, a “Hindutvavadi fascist” wanting to impose majoritarian norms on religious minorities.
Fortunately, Muslim women are today in the forefront of the battle for the reform of Muslim personal law. And most of the reform-minded Muslim women also don’t express fears about UCC. Given the clear stand taken by the Modi government in the Supreme Court with regard to the historic petition filed by Shayara Banu challenging some of the obnoxious aspects of Muslim personal law, it is very likely that triple talaq and a few other outrageous practices will be outlawed by the Supreme Court very soon.
But that still does not get the BJP any nearer its manifesto promise of bringing about a UCC applicable to all citizens irrespective of religion, caste, region or gender. The resultant stalemate threatens to tear asunder our polity. But the solution to this contentious problem is actually quite simple. I had proposed it way back in 1985 at the time of the Shah Bano controversy and I propose it again because the remedy I suggest is still relevant and potent. At that time, several Muslim newspapers and organisations had endorsed my proposed solution. Various legal and social developments since then have fully vindicated my stand.
DO ONLY MUSLIMS FOLLOW PERSONAL LAWS?
Esta historia es de la edición April 2017 de Swarajya Mag.
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