Will it be possible to apply the same civil law in the country?

- Hotline-Bhalchandra Jani

- The beehive of controversy has been shattered by the central government's talk of bringing in a common civil code. A large section of Muslims is protesting.

The political atmosphere in this country is hot. Two years ago, the central government broke the hive of controversy by talking about bringing in a common civil code. A large section of Muslims is protesting.

Earlier, the Law Commission had recommended amendments to the law relating to marriage, divorce, subsistence expenses and marriage age of men as well as women. However, the commission has maintained religious freedom by releasing the study letter instead of giving a full report. The Commission has rightly said that social evils like three divorces and child marriage should not be allowed to be carried out in the name of religious tradition. In a letter titled "Reform of Family Law", the commission wrote that it would be a "big mistake" to defend the law in the name of religion. It is worth mentioning here that a bill on three talaqs or talaq-e-bidat has been passed in Parliament.

It is only desirable that the Punch rectify the discrepancies in the personal law of all religions. As there is a lot of inequality in the country, it needs to be widely discussed among the stakeholders of the same civil code and at the same time the shortcomings in the personal law need to be addressed within the scope of the Constitution. Improving personal law in matters of marriage, divorce, adoption and inheritance is a matter of time.

The Law Commission (Law Commission) appointed to move in the direction of equal civil rights in the country has decided to consult with all community organizations, but the All India Muslim Personal Board and other Muslim organizations announced the boycott of the Law Commission as an independent body. Is not working and the government used this excuse to wage war against the Muslim community.

The Muslim Board said the list of 12 questions released by the Law Commission was fraudulent and one-sided.

Hazrat Maulana Wali Rahmani from the Muslim Personal Law Board said that the Board is against the Uniform Civil Code as it is not in the interest of the country, India is known for its diversity so it should be respected. The constitution of the country gives freedom to any person or community in the country to live according to their religion. While the Common Civil Code will paint all the citizens of the country in one color, it will endanger the original spirit of unity in the diversity of the country.

On the one hand the conservative mindset is now breaking down in the country, all societies are coming closer. In today's India, the boundaries of religion and caste are rapidly breaking down. Interracial and interracial marriages and divorces are on the rise. In such a time, it is the right time to apply the Uniform Civil Code to the country, the Delhi High Court said in a divorce judgment.

The Delhi High Court has also directed the Center to take steps in this direction, citing the Supreme Court's directives in this regard. The High Court added that the courts are also facing many problems along with the youth due to personal laws of different religions and castes. Therefore, it is time to implement the same Civil Code under Article 7 of the Constitution.

If you look at it like this, this controversy has been going on since before independence. Lawyer Azam Mohammad Ali Zina had said in the Central Legislative Assembly of British India on February 14 that it would be a mistake for Indian courts to interpret the Qur'an in their own way. Thus the door to Sharia interpretation of the Qur'an was closed.

It may be mentioned here that in October, 191, Mahatma Gandhi submitted an application for consideration by the Minority Committee of the Round Table Conference in London. It made it clear that "Personal Laws will be protected by certain provisions of the Constitution."

In a letter to Zina on April 19, Congress President Jawaharlal Nehru wrote, "His party does not want to interfere in the personal affairs of any community in any way." However, after the partition of the country, these various guarantees were rejected. Article 8 of the Constitution of India was enacted by the Constitutional Assembly on December 19 under the 'Directive Principles of State Policy'.

Meanwhile, the fears expressed by Muslim members of the 18th Constituent Assembly have come true in 2014. "It is the job of the government and society to give Muslim women their constitutional rights," Prime Minister Narendra Modi said in a program during his visit to Uttar Pradesh. He lamented, "What is their fault in ruining the lives of my Muslim sisters by saying talaq three times over the phone?"

On the same day as Modi made the statement, a group of Muslim intellectuals led by Professor Irfan Habib, a distinguished historian from Aligarh, issued a statement stating that "Muslims have no faith in his (Modi's) sudden emergence of 'love for women'. Opposes the divorce law and supports Muslim women's demand for its abolition.

At present, the issue of language written in Article 7 of the Constitution is being discussed everywhere. Most people believe that our country does not have a common civil law. However, the fact is that all citizens except one have the same law and that is the 'Personal Law' which varies with religious groups or organizations. Personal law covers matters such as marriage, divorce, inheritance, maintenance, custody of a child and adoption.

Traditionally, personal law has been considered religious. However, it really has nothing to do with religion. It will be interesting to know here that the Hindus who demanded for equal civil law were themselves drawn by an iconic leader like Bal Gangadhar Tilak who claimed to be a Hindu personal law, a religious law and threatened the then British monarchy not to interfere in it.

It is pertinent to mention that Chapter-3 of the Constitution, in which Article 7 is given, is based on the 'Directive Principle' of the Constitution. It is necessary to look after the interests of all classes of people as a whole.

The court has made this suggestion to remove the situation that has arisen due to different laws applicable to Hindu-Muslims in India. The court asked the Prime Minister to take a fresh look at the implementation of the same civil code as per the directive given to the state to formulate its policy under Article 8 of the Constitution.

Opinions of lawyers and intellectuals differ greatly on this burning issue. Dr. Waris Alvi, a liberal professor from Ahmedabad, says, "In fact, if the same civil code had been applied at the time of independence, it would have been accepted in the end." The verdict is welcome as injustice is still happening under the personal law of many castes.

"Yes, I want the same civil code," says a professor at MS University in Vadodara. But my question is what will be the same civil code? What theologians say or what the wise men suggest? I believe there should be a panel of experts to formulate a uniform civil code and give people time to get started.

It is true to say that if a Common Personal Law is enacted sensibly, it will help prevent and eradicate many evils, injustices and malpractices in various communities and at the same time strengthen the unity and integrity of the country. That in the absence of such legislation the process of integrity may fail.

It is only desirable that the Law Commission should remove the discrepancies in the personal laws of all religions and amend them. As there is a lot of inequality in the country, it needs to be widely discussed among the stakeholders of the same civil code and at the same time the shortcomings in the personal law need to be addressed within the scope of the Constitution. Improving personal law in matters of marriage, divorce, adoption and inheritance is a matter of time.