A lot of sensible, progressive and educated
people in India have for a long time now been demanding the implementation of
a uniform civil code - a law equally applicable to all communities
and religions; based not on regressive religious scriptures and dogma's but on
the principles of equitable justice).
However the minority appeasement policies and
the compulsion to pander to traditional votebanks (rendered necessary due to
the lack of social and economic development) has ensured that the congress,
which ruled India for over for 90% of the time since independence, never
even tried to implement one. Forget implementing a uniform civil code, the congress' blatantly discriminatory and appeasement oriented policies reached their nadir when rajiv gandhi even went to the extent of tweaking the law to overturn a balanced and progressive judgement delivered by the Supreme Court in the Shah Bano case.
I read an article in today’s Times of India which once again highlights how the lack of a uniform civil code is used to deny due rights to women.
http://timesofindia.indiatimes.com/nri/other-news/Family-court-stops-Muslim-man-from-marrying-second-time/articleshow/47561393.cms
In this case, a 45 year old US based NRI paediatrician, Dr Akbar Khan, who had originally married a lady 11 years younger than himself, advertised for a second wife (looking for an unmarried young girl in the age group of 18-25 years). All this after producing 4 children in 14 years of marriage.
The perversion apart (looking for a 'unmarried' girl less than half his age and only 4 years older than his eldest son), the legal bone of contention was the utter disregard to his duties and responsibilities towards his first wife and his unwillingness to pay alimony / any kind of maintenance to his first wife under the guise of religious laws and refusing to allow his wife custody of the 4 children, in spite of court orders directing him to do so; all the while conveniently missing court hearings on the mater (so he could later feign ignorance).
In this case, the judge (an eminently sensible lady named Swati Chauhan) displayed Solomon-like wisdom and stopped the man from marrying a second time without first settling all the dues owed to his first wife.
This case highlights how certain regressive laws, which are contrary to the modern spirit of enlightenment and violate the basics tenets of gender equality, are used in a misogynistic society to enable perverts to act as they please without fulfilling their moral and legal obligations; while also denying the protection of law to one of the most vulnerable sections of the society.
This case is just one more in a long running series of such unfortunate cases, which demonstrate why a uniform civil code couldn't be enforced too soon.
Therefore, the next time our government initiates a discussion on implementing the uniform civil code, please do not be swayed by unfounded and illogical arguments by minorities who claim that a law equally applicable to all citizens of India is aimed at targeting them and their long standing religious practices.
The need of the hour is to ensure that all discriminatory practices in all religions are discarded and replaced by a single legal framework, which is applicable to all without fear and favour (much like how caste based discrimination in Hinduism was abolished).
Please do bear in mind the blatant misuse of personal religious laws; and support the government in its attempt to ensure that the protection of universally accepted principles of natural justice is extended to all sections of the society.
