It is a part of DPSP (Directive principles of State Policy).DPSPs are the set of rules how a govt should function, mentioned in Part IV of the Indian Constitution from Articles (36-51). These are for socio-economic and political rights of a democratic state.
The Fundamental Rights are defined as basic civil liberties, mentioned in Part III of the Indian Constitution from Articles (12-35). It says that every Indian citizen has the right to enjoy for a proper and harmonious development of personality including Right to Religion (Article 25). These rights universally apply to all citizens, irrespective of race, place,caste,sex,Creed, etc.
Ever Since the Constitution came into force (26th January 1950) there was conflict between DPSPs and Fundamental rights of citizens. In Champakam Dorairajan vs State of Madras (AIR 1951, SC 226), the honorable Supreme Court of India held that DPSPs are subordinate to Fundamental rights and if there any conflicts arises between them,the latter prevails over the former. Moreover, after the (Mumbai Kamgar sabha,Bombay vs Abdul bhai Faizulla & others, AIR 1975 SC 1455), the honorable Supreme Court propounded the Theory of Harmonisation. The essence of this theory is that if a law passed by a state giving effect to one or more DPSP capable of giving one or more interpretation which leads to DPSP being in harmony with Fundamental rights and other interpretation leads to a conflict between them, then the Court should prefer the first interpretation(harmony) and validate the law.
In Golaknath Case 1967, SC said Fundamental rights are sacrosanct in nature and can’t be taken away by any law. Finally after Kesavananda Bharti vs State of Kerala case(1973), the larger bench of Supreme Court (13 jurists) laid certain principles of Indian Constitution are inviolable and can’t be taken away by the Parliament (any law) and is commonly termed as the basic structure. The Secularism is very part of the basic structure.
After many rulings, finally the present situation is that Fundamental rights have upper hand with DPSPs slightly with an exception that Article 14 & Article 19 can be neglected for DPSPs (Article 39-b and Article 39-c) to some extent.I hope the hon’ble SC gives upper hand to the Article 25 over Article 44 in its decision.
Moreover, it is not acceptable to get into the personal laws of any religion because we are a secular state. We can’t compare other nations with India because India is a world within itself and home to many religions, tribes, races, ethnicity, etc. All of us practises different religious customs and traditions..By making UCC,we can’t infringe on the internal matters of any religion & it is better for India to do away with the UCC.
Example:
We can’t force anyone to apply tilak on forehead.Similarly, we can’t force anyone to wear skullcap. UCC indirectly is like imposing one law which will be chauvinist to majority and anti-chauvinist to the minorities & Dalits which leads to communal,ethnic & regional outcries.Further,we have to give special rights to Nagas and other North-eastern tribes.How come we confer them special rights if we implement uniform civil code and that areas come under 6th schedule. If you are about to change any part in 6th schedule,there should be amendment done to the Constitution with special majority of 75% of both houses and ratification of half of the states.It is a very complicated process.
Finally, if AIMPLB is really concerned about Muslim community then it must come forward and work against mal practises in Marriage, Divorce and Inheritance of property as per Quranic teachings. It shouldn’t encourage dowry and triple talaq .In rarest of rare case, divorce should be done.Since 1986 (Shah Bano Case) this issue have been the bone of contention between successive govts and Muslim Personal Law Board .!! The BJP is making this issue only to win forthcoming UP elections.
QAZI ,KHATEEB MULLA PANDITS AND FATHERS NOWADAYS ARE WORRIED MORE ABOUT STORING ,MONEY AND POWER.
IT IS THE IMPARTIAL SINCERE AND HONEST MUSLIM SCHOLARS AND OTHER SCHOLARS WHO SHOULD GIVE HONEST THOUGHT TO PLEAS OF WOMEN SUFFERING FROM TALAK.
BJP GOVT IS ONLY USING IT TO ITS ADVANTAGE AND SO CALLED PROGRESSIVE PEOPLE SIMPLY KEEP BARKING ,
THEY JEALOUS OF MUSLIMS
SO ARE THE RULING CLASS .
The problem is within ourselves..We don’the want to change.
First we do the things which are against our religion and law (like dowry). Of course, then govt will try to interfere in our personal laws pretending to fight for the justice against the aggrieved party.
SOLVE BASIC FUNDAMENTALS OF DAILY RAPES,PROSTITUTION, CORRUPTION,HUMAN TRAFICKING.LIQOUR MANCE IN KERALA,DRUG MENACE IN PUNJAB AND GIRLS MENACE IN HARYANA.FARMERS PROBLEMS IN ANDHRA AND MAHARASHTRA ,WATER MENACE IN KARNATAKA AND TAMILNADU,DUPLICATE DRUGS MENACE ALL OVER INDIA,FOOD ADULTERATION MENACE IN INDIA. ADULTERATED SWEETS IN INDIA ON HOLY OCCASION OF HINDU FESTIVALS.
JAI H0O INDIA JAI HO INDIA JAY MAHABHARAT
The is mere a political gimmick to win UP elections.
With the above mentioned issues by you, govt can’t win the elections. Those are the old tools of their manifestos..
The Government/AIMPLB is concerned about the triple talaq.Why your government /court set free Muzaffarnagar and Gujrat rapists who mercilessly raped Muslim girls. Why the Government not concerned about the honor of these Muslim women who were raped by Sanghi teroorrists. Why justice was not done to Muislim women of Muzaffarnagar and Gujrat. Why Khattar said that the rape of Muslim Girls was a trivial issue. Where was Common Civil Code against the rapists
Have belief in Judiciary my dear bro. The judiciary have enough power to remove ruling CM (Jayalalitha) & the then Prime Minister Indira Gandhi (1975).
They are getting free because of lack of evidence..
The Government is concerned about the triple talaq.Why your government /court set free Muzaffarnagar and Gujrat rapists who mercilessly raped Muslim girls. Why the Government not concerned about the honor of these Muslim women who were raped by Sanghi teroorrists. Why justice was not done to Muislim women of Muzaffarnagar and Gujrat. Why Khattar said that the rape of Muslim Girls was a trivial issue. Where was Common Civil Code against the rapists
Beautiful article .
I fully agree that the Present govt has raised this issue of UCC because of UP election . As usual they need some issue to polarise the society and reap the benifit
I do agree at the moment , UCC is surely not at all possible to implement . Then why muslim scholars of AIMPLB trying to make an hue and cry and making propaganda more than the govt . It looks like they are working unwittingly onbehalf of government as the result of such reaction by AIMPLB will be the same ie POLARISATION which will be counter productive for muslim .
On the other hand ,the issue raised by the author is very valid that AIMPLB SHOULD TAKE PAIN AND TRY ORDERING OWN HOME . To behave like ostrich and thinking there is nothing wrong is like living in foolish paradise . There are serious problems in Muslim society in relation to marriage and Divorce , especially now when the misguided muslim men are mocking Islam by their action by serving Three divorce in a sitting and extreme is that they are doing on social media….. what a pitty . Islam puts most emphasis in establishing home with the marriage ….but muslim are defaming Islam by demolishing basic unit with a single stroke of three words . Every lady in our society has a fear of hanging sword of three words .
Is islamic against the weaker section of our society ?
It is duty of Muslim ulama to look into the matter seriously and make the people aware about the way Islam teaches to behave . such an unislamic behaviour especially in divorce and other issues is causing extreme discontetment and frustration in muslim female . If one cant read the writing written on the wall the frustration of muslim females then perhaps we are totally insensitive towards our
so called better half .
It is very easy to propagate about the ” CONSPIRACY THEORY” as it simply put all the blames on others shoulder …. but ….. time is running short to do ruthless analysis and honest introspection !
It is well known : NO PATHOGENIC ORGANISM CAN HARM THE BODY IF THE BODY IMMUNITY IS PRESERVED . So no one can harm us if we know how to keep our house in order .
Dr Khan MS
Abul Fazal 1
OKHLA
Agree with Dr. Khan MS