Uniform Civil Code Remain a Far Cry

[drrajpalsingh]

In a landmark verdict, the Gujarat High Court recently said the Quran is being misinterpreted by Muslim men to have more than one wife."The Quran is being misinterpreted by Muslim men to have more than one wife, " Justice JB Pardiwala said, while adjudicating on a petition by a Muslim man who faced bigamy charges after marrying for a second time without his first wife's consent. In his plea, Jafar, however, claimed that the Muslim Personal Law allows Muslim men to marry four times and hence the FIR against him does not stand legal scrutiny."When the Quran allowed polygamy, it was for a fair reason. When men use that provision today, they do it for a selfish reason. Polygamy finds mention in the Quran only once, and it is about conditional polygamy," Pardiwala said."Muslim Personal Law does not permit a Muslim to treat one wife cruelly, drive her out of the matrimonial home and then get married for the second time. However, there is no law in this country which takes care of this situation.



There is no uniform civil code in this country," the judge said.The high court put the onus on the government to do the needful with regards to the uniform civil code."On the basis of modern, progressive thinking, India must shun the practice and establish uniform civil code," stated the judgment.

The court further observed that the permission to have four wives under Muslim Personal Law violates Constitutional provisions."Polygamy and the unilateral talaq without the wife's consent offends Article 14 (equality before law for all) and Article 15 (the state's non-Â*discrimination on grounds of caste, religion, sex, etc). If the state tolerates this law, it becomes an accomplice in the discrimination of the female, which is illegal under its own laws," the court in its order.While mentioning several verses of the Quran as well as statements of noted scholars, the HC said "it is abundantly clear that notwithstanding there is no codification by the legislation of marriages amongst the Muslims, polygamy is not encouraged and is an exception and not a rule. It is not the fundamental right of a Muslim to have four wives.


"The court also gave a verdict in favour of Jafar and removed section 494 from the FIR, as being a Muslim, he is governed by the Muslim Personal Law, which allows him to have more than one wife, and not under the IPC."In view of the above, so far as the offfence punishable under Section 494 of IPC is concerned, I am left with no other option but to accept the submission that Jafar cannot be prosecuted for the offence punishable under Section 494 of IPC. To this extent, the petition will have to be allowed and is, accordingly, allowed," stated the order

.Link acknowledged : http://go4g.airtel.in/nd/?pid=772281&wsf_iref=tbl4_home--HP-SPT-News

 

[vijay]

Nice topic but i afraid that any word from the Central Government on this issue could invite another wave of melodrama from so called secular Parties, People and Media. Actually secularism gets stronger if country practice the Uniform Civil Code i.e. every citizen of the country comes under the same Laws without any discrimination of caste, creed and religion.

That's real Secularism.

 

[drrajpalsingh]

Nice topic but i afraid that any word from the Central Government on this issue could invite another wave of melodrama from so called secular Parties, People and Media. Actually secularism gets stronger if country practice the Uniform Civil Code i.e. every citizen of the country comes under the same Laws without any discrimination of caste, creed and religion.

That's real Secularism.

At times BJP also raises this issue but now the real test time has arrived to judge the credentials of all political parties including ruling BJP as how they react to the court missive!

We can hope against hope that Uniform Civil Code covering all the citizens would soon ensure enjoyment of fundamental rights enshrined in our constitution !!

Would they come out of the fear of vote bank politics and act or just push the ball in the court of their adversaries, is the moot question before everyone!!!

 

[drrajpalsingh]

To me it seems that BJP will put the issue of Uniform civil Code in cold stroragege in view of vote politics !


Perhaps 'cow beef' issue raised in Bihar elections and adverse poll results might have dampening effect on BJP strategists to avoid further divisive issues to garner vote of a particular community and casting the other in future elections.


If it were so, the better for communal harmony and national unity.

 

[ambijat]

very interesting how comfortable it is to take a pot shot on such issues. Polygamy is not religion specific, Jats have had polygamy. So far as the interpretation of Quran and its actual practice is concerned, the larger issue is the convenience of divorce and no provision of alimony to the deprived that makes things worse as social malaise. Many Muslim countries have very strict laws to preserve the dignity of woman. Here where the debate should get into. The existing laws are sufficient enough if they get implemented in true spirit, piling another set of unimplementable laws would make things worse.

 

[drrajpalsingh]

very interesting how comfortable it is to take a pot shot on such issues. Polygamy is not religion specific, Jats have had polygamy. So far as the interpretation of Quran and its actual practice is concerned, the larger issue is the convenience of divorce and no provision of alimony to the deprived that makes things worse as social malaise. Many Muslim countries have very strict laws to preserve the dignity of woman. Here where the debate should get into. The existing laws are sufficient enough if they get implemented in true spirit, piling another set of unimplementable laws would make things worse.

But in the instant case new provision has to be included in the Law to deal with such issues as were involved therein. The High Court justice has rightly interpreted the situation being faced by Muslim women and asked the government to do the needful to protect their fundamental rights.

In famous Shahbano Case, the central government led by Rajiv Gandhi had undone what rights were awarded by the Supreme Court of India just to secure the minority vote bank support for his party.