Abdul Bari Masoud
New Delhi: After Muslim community, the SCs and STs as well as Lingayats, Buddhist, Other Backward Communities’ organizations have come out in open to oppose the government initiative on Uniform Civil Code saying it is against the fundamental rights enshrined in the Constitution and that will obliterate their distinct identity from Hinduism.
Addressing a joint press conference here on Thursday, Dalit, tribal and Buddhist leaders have condemned the move in one voice. They described the move as ‘electoral gimmick’ of the Modi government in view of the forthcoming crucial assembly elections in UP. They also underlined that UCC is not only a Muslim issue but of hundreds of the religious entities across the country who do not believe in Hinduism in its Brahmanical face.
Condemning the move, Prem Kumar Gedam National Coordinator, Rashtriya Adivasi Ekta Parishad, said tribal communities have their own distinct cultural identity and customs and they are governed by their customary as UCC is a real threat to their identity.
In reply to a question that tribals are enumerated as Hindus in Census report, Gedam asserted that tribals are not Hindus.
“We have nothing do with Hinduism; it is the wrongdoings of enumerators who took advantage of ignorance of the tribal people. He cited Article 342 and 244 of the Constitution to prove his point”.
He also mentioned the Madhya Pradesh High Court verdict of 2001 in which the court declared that tribals are not Hindus.
He also warned that any move to impose UCC on the country will have serious repercussions on the unity and integrity of the country adding that there are 6,743 communities in India with different identities.
Echoing his views, Prof. Baba Haste of Buddhist International Centre said imposition of UCC will threaten the very fabric of the country. Buddhist monk Prof. Bhante Samyak Rakshit said UCC will kill all the religious identities in the country.
UCC is not only concerned to Muslims but also to other religious groups, it is a conspiracy to bring back the cruel ‘varnashrama’ (caste system) in the guise of UCC, he added.
Speaking on the occasion, Nomadic Tribe Communities representative Anil Kumar Mane said if the Modi government tries to impose UCC, we will resist the move with tooth and nail. It smacks of politics as UP elections are round the corner, he added.
Other Backward Communities’ representative Kumar Kale urged the government to desist from interfering in fundamental rights of people “‘Government has no right to tinker with fundamental rights. This is a government doing nothing for the welfare of people of the country but indulging in politics to win elections,” Kale said.
Ittehad e Millat Conference president Maulana Tauqeer Raza Khan also urged the government to review its stand on UCC and triple issue. He cautioned that such steps will create chaotic situation in the country, so good sense will prevail on the present government.
While conducting the proceedings, All India Muslim Personal Law Board executive member Kamal Farooqui said UCC is not an issue for Muslims only as being projected by a section of media but of all other religious groups who want to protect and promote their distinct religious identity in accordance with the Constitution.
They also released a joint statement on the occasion which said:
“The recent initiatives of the NDA Government regarding Uniform Civil Code which is in tune with their election manifesto 2014 has raised serious questions about the fundamental rights not only to the hundreds of the religious entities across the country but also specific constitutional guarantees to the Scheduled Tribes and others who do not believe in Hinduism in its Brahmanical face. In a recent judgment of the Hon’ble Supreme Court in the matter of a Hindu couple which had nothing to do with the Muslims or other minorities, a serious diversion of a very important nature of Uniform Civil Code was brought in part-II of the Order in case of Parkash & others versus Phoolwati & others and the unique situation of a Suo Motu Writ petition was initiated by the Hon’ble Supreme Court enlarging the scope of “Triple Talaq” to the extent of bringing the Uniform Civil Code in the country. Simultaneously the Law Commission was also activated by the Government which has brought in a questionnaire on the subject. The Questionnaire is not only ill designed but smack of the intentions to bring a Uniform Civil code from the back door.
We, the various groups of Scheduled Castes, Scheduled Tribes, Lingayats, Buddhist and other backward communities very strongly condemn the move of the Government & respectfully disagree with the Suo Motu initiative by the Hon’ble Supreme court, interfering in the fundamental rights enshrined to the minorities, religious groups, Scheduled Tribes & Scheduled Castes. We want to bring to the notice of the nation that this initiative is not only a clash between the Directive principles & the fundamental rights but it is a case of fundamental rights versus the fundamental rights. We also want to make it clear that several communities which are presumed to be following the Hindu religion are specifically excluded from various provisions of the Hindu laws. Some of the groups which have been wrongly declared as Hindus do not conform to the values of the Brahmanical Hinduism. We are also of the opinion that this initiative of the present Government will harm the integrity of the country and will damage the basic fabrics of the unity of the nation to a great extent. Since we are also a party to the Suo Motu writ petition (Civil) no. 2 of 2015, we will take all possible legal recourse to uphold the guarantees provided to us by the Constitution of India. We will also take up this issue outside the court to the masses in a democratic manner. We feel that as far as the constitution is concerned, basic importance is of the fundamental rights & the constitutional rights given to the religious minorities and to the specific groups. Any trickling with them could be of serious consequences for the unity and integrity of the country.
We hope that a good sense will prevail and the Government will not only withdraw its affidavit which has been filed in the Hon’ble Supreme Court but would rise to the occasion of not disturbing the peace and tranquility of the country”.
If tribal communities are not Hindus then the how the census report clubbed them with Hindu denomination. It is perplexing. Tribal population accounts for 13 percent that means Population of the Hindus in the country should be just 66 percent not of 79 percent. Dalits also claim that they are not Hindus. they account 14 percent, so the real population of Hindus would be 52 percent. There is one more group Lingayat, their website says they are not Hindus and claiming their followers’ number to 70 million. These facts are food for thought. One ponder on it.
ONE NATION , ONE LAW—MYTH AND REALITY
LET US FACE THE RAW TRUTH AND STOP LEGAL VIOLENCE AGAINST MEN.
A human rights issue
SUMMARY:
1. First of all ,since suddenly govt. loves Constitution, gender equality, gender justice etc. so much ,please repeal all gender biased laws 498A/DV/125 etc. and make women equally liable as men for same crime. Please do not throw men into jaws of living death i.e. judiciary
2. Demonstrate judiciary is capable of delivering justice in time and without corruption. Today, divorce takes upto 20 years.
3.Make triple talaq applicable to all races by making it gender neutral and by tweaking a few minor other issues. Else demonstrate recommended remedy by Govt. is better than the perceived disease.
4. Make judiciary accountable for errors , delays etc. in justice.
5. Reduce no. of courts to max 2 ( Supreme Court and Lower Court) and ensure quality of judges by selecting them through competitive exams like IITs,IAS etc. Would CJI Thakur like to get treatment in ICU starting from a junior intern ? Is public there to feed judiciary without expecting justice and accountability?
1. We are one nation, have at least 3 different laws for maintenance to wife ( not ONE LAW). Is that not unjust to men?
2. We are one nation , but have 2 laws to be used ONLYby liar women for dowry ( DP Act AND 498A ). Is that not unjust to men?
3. We are one nation , but we have multiple divorce laws e.g. to be used by Hindus ( HMA , SMA , FMA?). Each has different set of provisions!.
4.We are one nation and one judiciary , but we have 100 different inconsistent, contradictory ,conflicting judgments being delivered proudly ¬for same law every day e.g. maintenance, shared household, criteria for divorce etc. Now each day a new acceptable criteria for divorce is being announced. Do we have ANY LAW? And we talk about ONE LAW? Is giving different justice to different litigants for same cause and reasons NOT against Constitution. Do we have ONE JUDICIARY in this context?
5. We are one nation, but treat men worse than dogs and have discriminatory gender biased laws to screw them. There is discrimination by women( DIL) against even other category of women (mothers ,sisters) and children who are being mercilessly thrown into jails without trial if a disgruntled DIL files even a false FIR under 498a. No one even listens to their cries. You kill 90,000 married men every year as per NCRB and create 90,000 widows every year. That is gender justice and dignity?
6.We are one nation but no ONE punishment for same crime e.g. ONLY wives are legally permitted to commit adultery, file false cases, tell lies in courts and yet go scot free.
7.We are one nation, but NOT ONE SINGLE HINDU GOD . Even customs vary from person to person. So why one law?
8. We are one nation , but one issue of cruelty has to be defended in 4 different courts ( dv,125,498a,divorce). Is that not unjust to men and senseless?
9 When a PM or a sweeper can be punished , why Judiciary alone is not accountable and is above any law and not criminally liable for delays and being inefficient and biased? Do we have ONE LAW when judiciary is exempted?
10.At present, Indian laws are highly discriminatory , gender biased , inhuman and unconstitutional. There is no gender equality and justice.
If marriages solemnised by priests are legal ,why matters related to divorce must not be left to priests as well? Undeniably , Marriage IS a religious affair , hence, divorce MUST be a religious affair and judiciary must be kept out.
11.Judiciary has proven to be incompetent and inefficient vehicle for dispensing justice. Keep it away.Why public is expected to feed judiciary for injustice ( 5-20 years for divorce)?
12.Let us admit diversity and fix specific issues in every religion .
Let us fix the existing gender biased laws on priority basis in line with new found penchant for gender equality, justice and constitution etc.
Let us help over burdened judiciary instead of creating more work and opportunities for them
Let us stop judicial terrorism . http://latestlaws.com/former-gujarat-hc-judge-questions-independence-of-judiciary-talks-of-judicial-terrorism/
WHY TRIPLE TALAQ/KABOOL IS A WIN-WIN FORMULA FOR ALL RACES?
A. TRIPLE TALAQ FOR MUSLIMS
Keep it simple and stupid
1. make it mandatory to sign the register for talaq just as it is for “kabool” for marriage
2. make it gender neutral i.e. either spouse can use triple talaq.
Fix any other issues to make it more reasonable
B. INTRODUCE TRIPLE TALAQ FOR HINDUS AND OTHER RACES
Since for marriage, judiciary is not involved , keep them away for divorce also. (Send the judges and lawyers to Mars in Mangalyaan-2)
Amend the laws to allow marriage / divorce by triple kabool/ triple talaq method for ALL races in india.
e.g.If a marriage of a hindu solemnized by a hindu priest is legally valid, why talaq through a priest cannot be legally valid? Why the public is required to feed judiciary?
C. WHY TRIPLE TALAQ IS IDEAL?
1. CJI Thakur has been crying like a child claiming overburdened judiciary. The pending cases will reduce by 50% if laws are amended as above
2. Let us make divorce as simple ,pleasant and painless as marriage for all races
3. It will reduce corruption
4. It will save billions of rupees for the public and bring “Achche Din”
D. WHY TRIPLE TALAQ SHOULD NOT BE DISCONTINUED?
If triple talaq is dis-continued, muslims will have to spend 5 – 20 years to get divorce thus choking the already crowded corridors of judiciary. Poor muslims who can’t afford legal costs will be particularly at a disdvantage which is against Modiji’s political agenda. The only creatures who would celebrate this will be feminists, lawyers, judges and police as they will have more opportunities to loot and/or harass husbands.
E. ACTIONS
Muslims, Therefore, Must Oppose Any Attempt to Discontinue Triple Talaq With All Their Might. They Must Demand Repeal Of Gender Biased Laws Like 498a/Dv/125 And Strict Compliance To Article 13 Of Indian Constitution . Govt/ BJP Must Not Be Allowed to Insult Dr, Ambedekar
This Criminal Conspiracy Called Family Law Reforms Is A Farce And Cunning Feminist Strategy To Make Males Of Muslims And Other Races To Suffer Torture , Harassment and Commit Suicide .
EVRY BODY MUST OPPOSE THE UNIFORM CIVIL CODE,IF MINORITY AND DALITHS GET TOGETHER,THEY CAN CHENGE THE THINGS WHAT EVER HAPPENING IN NOW DAYS AND COMMING DAYS
SO GET TOGETHER ALL MUSLIMS AND DALITHS
THANK U
It will be a waterloo for the BJP if they venture this mis-adventure. They are bound to loose UP.