1 views
uniform civil code
The prime minister's push for a uniform civil code has been perceived by many communities as an encroachment into their personal law. These communities are afraid of their religious and cultural identities.
The protest comes not just from Muslim community and opposition leaders but from all quarters.
The Muslim personal law is based on Shariyat. It deals with marriage, divorce, adoption, inheritance etc.A muslim male is allowed four marriages but there may be very few such cases. Polygamy is found across all communities.Societies are changing.The triple talak has already been declared unconstitutional by the Supreme court.This is not an infringement upon their religious rights.Things are changing gradually but the hurry shown by present day dispensation raises doubts about their intention.
Representatives of thirty tribal groups of jharkhand believe that it will dilute tribal customary law. It is a danger to their identity.There are over 700 tribes that have been notified under Article 342 of the Indian constitution.
During British period the tribal areas were considered as non regulation areas because the customary practices were backed by natural law.Are they going to accept the changes?
Article 371A reads -
Special provision with respect to the state of Nagaland.
(1) notwithstanding anything in this constitution,
(a) no act of parliament in respect of-
(i) religious and social practices of the Nagas,
(ii) Naga customary law and procedure,
(iii) administration of Civil and criminal justice involving decisions according to Naga customary law,
(iv) ownership and transfer of land and its resources,
Shall apply to the state of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.
Under Article 25 it is said, "The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion. Any tampering may invite opposition from the community.
Any forceful imposition may cause eruption.
A churchbody and a tribal organisation of Nagaland asserted that the implementation of such a code will violate fundamental rights of minorities and tribal people.
Article 44 reads -
The state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.Dr B.R. Ambedkar had said uniform code should apply only to those who make a declaration.
Any hurry may open up a pandora box.
Our founding fathers were not in a hurry, because they knew intricacies.
This government may rush in to introduce UCC for polarisation and electoral gains
For fools rush in where angels fear to, tread".
jitendra nath shrivastava
© All Rights Reserved
The protest comes not just from Muslim community and opposition leaders but from all quarters.
The Muslim personal law is based on Shariyat. It deals with marriage, divorce, adoption, inheritance etc.A muslim male is allowed four marriages but there may be very few such cases. Polygamy is found across all communities.Societies are changing.The triple talak has already been declared unconstitutional by the Supreme court.This is not an infringement upon their religious rights.Things are changing gradually but the hurry shown by present day dispensation raises doubts about their intention.
Representatives of thirty tribal groups of jharkhand believe that it will dilute tribal customary law. It is a danger to their identity.There are over 700 tribes that have been notified under Article 342 of the Indian constitution.
During British period the tribal areas were considered as non regulation areas because the customary practices were backed by natural law.Are they going to accept the changes?
Article 371A reads -
Special provision with respect to the state of Nagaland.
(1) notwithstanding anything in this constitution,
(a) no act of parliament in respect of-
(i) religious and social practices of the Nagas,
(ii) Naga customary law and procedure,
(iii) administration of Civil and criminal justice involving decisions according to Naga customary law,
(iv) ownership and transfer of land and its resources,
Shall apply to the state of Nagaland unless the Legislative Assembly of Nagaland by a resolution so decides.
Under Article 25 it is said, "The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion. Any tampering may invite opposition from the community.
Any forceful imposition may cause eruption.
A churchbody and a tribal organisation of Nagaland asserted that the implementation of such a code will violate fundamental rights of minorities and tribal people.
Article 44 reads -
The state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.Dr B.R. Ambedkar had said uniform code should apply only to those who make a declaration.
Any hurry may open up a pandora box.
Our founding fathers were not in a hurry, because they knew intricacies.
This government may rush in to introduce UCC for polarisation and electoral gains
For fools rush in where angels fear to, tread".
jitendra nath shrivastava
© All Rights Reserved
