by admin | May 25, 2021 | News, Politics
New Delhi : The Law Commission has suggested certain changes in marriage and divorce laws that should be uniformly accepted in the personal laws of all religions, while holding that the uniform civil code “is neither necessary nor desirable at this stage” in the country.
The Commission, headed by former Supreme Court judge Justice B.S. Chauhan whose tenure ended on Friday, has come out with a 185-page consultation paper on “Family Law Reforms’ said a unified nation does not necessarily need to have “uniformity”.
It said the best way forward was to preserve diversity of personal laws even while ensuring they did not contradict fundamental rights guaranteed under the Constitution.
Saying, secularism cannot contradict the plurality prevalent in the country, the Commission said in the paper that: “Cultural diversity cannot be compromised to the extent that our urge for uniformity itself becomes a reason for threat to the territorial integrity of the nation.”
Suggesting amendments in marriage and divorce in personal laws of all religion, the Commission advocated making adultery a ground for divorce for men and women and to simplify divorce procedure.
“While all family laws include adultery as a ground for divorce it is important to ensure that the provision is accessible to both spouses,” the paper said.
The Commission said the filing of Section 498A IPC (dowry harassment) cases was actually done by women wanting a quick exit from a difficult marriage.
It suggested that ‘Nikahnamas’ should make it clear that “polygamy is a criminal offence” and this should apply to “all communities”.
The paper stated: “This is not recommended owing to merely a moral position on bigamy, or to glorify monogamy, but emanates from the fact that only a man is permitted multiple wives, which is unfair.”
It favoured fixing the marriageable age for boys and girls at 18 years so that they marry as equals, and said that the insistence on recognising different ages of marriage between consenting adults must be “abolished”.
“If a universal age for majority is recognised, and that grants all citizens the right to choose their governments, surely, they must then be also considered capable of choosing their spouses.
“For equality in the true sense, the insistence on recognising different age of marriage between consenting adults must be abolished.
“The age of majority must be recognised uniformly as the legal age for marriage for men and women alike, as is determined by the Indian Majority Act, 1875, i.e. eighteen years of age.
“The difference in age for husband and wife has no basis in law as spouses entering into a marriage are by all means equals and their partnership must also be of that between equals,” stated the report.
The Commission suggested that Parliament should enact a law to address the issue of legitimisation of children born of live-in relationships that fail to reach the threshold of a deemed marriage.
“Further, such children should be entitled to inherit the self acquired property of their parents,” it said.
It is urged that the legislature should first consider guaranteeing “equality within communities” between men and women, rather than “equality between communities”, the report, released on August 31 stated.
“This way some of the differences within personal laws which are meaningful can be preserved and inequality can be weeded out to the greatest extent possible without absolute uniformity,” it added.
The Commission said “efforts have to be made to reconcile our diversity with universal and indisputable arguments on human rights”.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : The All India Muslim Personal Law Board (AIMPLB) on Tuesday claimed that the Law Commission in principle agrees that a uniform civil code (UCC) is not practicable in India given the country’s vast diversity and complexities.
The Law Commission has been examining the issue of implementing a common civil law for all communities in India and had invited the AIMPLB on Tuesday to discuss the Muslim personal law and the desired changes in it.
“First and foremost we made it clear that Muslim personal law is as per the divine decree and nobody is authorised to change it. The Commission was very receptive of our views and the meeting happened in a very cordial atmosphere,” said Maulana Syed Jalaluddin Umari, who led the AIMPLB delegation.
“The Law Commission Chairman admitted that a uniform civil code is not a practical idea for India and that the government should not even think of implementing it for at least 10 years. We told him that not just 10 years, the idea should be dropped for good,” Umari said.
Syed Qasim Rasool Ilyas, a member of the delegation, said the Commission discussed as to what good things from the Muslim personal law can be made part of the Hindu civil code and vice versa.
“We are clear that we cannot tweak our personal law at will. It is based on Quranic injunctions and the Hadith,” he said.
Advocate Niaz Farooqi said that when the delegation requested the Commission that before making any law about Muslims, it should at least consult the community, they were shocked to hear the reply.
“The Chairman said that the government was not even consulting the Law Commission on such matters, let alone others. This clearly shows that the Narendra Modi government is more interested in doing politics on Muslim issues than actual reform,” Farooqi said.
AIMPLB spokesman Kamal Farooqui said: “Today we have submitted a detailed note on the questions raised by the Law Commission. The issues pertained to inheritance, adoption, custody of children, making a will, difference in interpretation of Islamic laws among various sects and model nikahnama.”
In response to a question, Farooqi said that nikah halala had no backing in the Shariah.
“I can tell you with full authority that there is no concept of nikah halala in the Shariah. The debate around it is more a media creation,” Farooqui said.
—IANS
by admin | May 25, 2021 | News, Politics
Panaji : President Ram Nath Kovind on Saturday praised the practice of the Uniform Civil Code in Goa, saying that implementation of the socio-legal system was truly reflective of the values of equality in the Indian Constitution.
In his address during a civic reception here, he also said that the seaward region’s constant brush with people from different countries across the world, over ages, had earned the natives of Goa the tag of “global citizens”.
“I am happy to know that the government in Goa is laying special stress on empowering women… Goa has a common civil code, as a result of which all residents, men and women, have been given equal rights. This Code reflects the principle of equality in our Constitution and presents a good example to the country,” said Kovind, who is on a two-day visit to the coastal state.
Implementation of the Uniform Civil Code has been a key poll campaign promise of the Bharatiya Janata Party and Goa is the only state in the country, where the Code has been in existence since the pre-Liberation era.
Kovind said that the state’s exposure over time to global influences had a positive impact on the mindset of the local population, making them global in outlook.
“Because of the natural beauty, environment, its coastline, for ages Goa has been attracting people across the world. It has been important centre for international trade in the past. From Japan in the East to Africa and Western Europe, people from various countries have been visiting Goa. The extensive contact with the rest of the world has resulted in an evolved mentality, making Goans global citizens in the truest sense,” he said.
Inviting Goans to visit the Rashtrapati Bhavan, Kovind said that his official residence belonged to each citizen of the country.
“The Rashtrapati Bhavan is a symbol of our democracy and our national heritage. The Rashtrapati Bhavan does not belong to the President alone, but to every citizens of the country. I invite you to visit the Rashtrapati Bhavan. When you are in Delhi, you are welcome to the President’s House,” he said.
—IANS
by admin | May 25, 2021 | News, Politics
New Delhi : Vishwa Hindu Parishad (VHP) leader Pravin Togadia on Wednesday accused Prime Minister Narendra Modi of taking U-turns on promises made ahead of the May 2014 Lok Sabha polls, including construction of the Ram temple at Ayodhya, and said his government had failed to meet people’s aspirations in four years.
In a four-page letter to the Prime Minister, Togadia raised issues ranging from the Ram temple at Ayodhya in Uttar Pradesh to the ban on cow slaughter, repeal of Article 370 and 35A related to Jammu and Kashmir from the Constitution, Uniform Civil Code, and issues related to farmers and labourers.
He warned the government about what he said was “rising discontent” among the people, especially those affiliated to the Sangh Parivar.
Addressing a press conference here, the VHP leader reminded Modi of promises in the run-up to the last Lok Sabha polls and said selling big dreams was not enough.
“Nation-building is based on truth of the work that has to be seen on the ground,” he said.
“These questions are not just posed by an individual but lakhs of people associated with us through the ideology. They are baffled; and now they are upset because not just the government led by you is not seen doing anything on the ideological, socio-political and economic issues but also on many issues, there is a U-turn.
“It has hurt the people associated with the (Hindutva) ideology. The political power centres are seen deviating from that very ideology,” Togadia said.
“The BJP came to power based on these promises as the people believed you will fulfil these promises… what happened to those promises. They are still unfulfilled.”
He reminded the Prime Minister that the Bharatiya Janata Party at its conclave in Palampur in Himachal Pradesh had adopted a resolution for the construction of the Ram temple through a law made by Parliament.
He cautioned that time and tide don’t wait for anybody.
“In fact, time has been changing. The election results in Gujarat and bypolls in Rajasthan, Madhya Pradesh, and now Uttar Pradesh, are the indicators,” he said.
Taking a dig at Modi, the VHP leader said there was no point blaming previous governments and political parties for the situation prevailing now in the country after enjoying power for nearly four years.
He, however, said it was never too late and sought time from Modi to discuss the issues he had raised, calling Modi his “Mota Bhai” (elder brother).
Togadia escaped unhurt in a road accident near Surat this month and voiced suspicion that it was an attempt to kill him.
—IANS
by admin | May 25, 2021 | Interviews
Salman Khurshid
By Prashant Sood,
New Delhi : The triple talaq bill is a step towards imposing a Uniform Civil Code and the judicial verdict on the practice is a lesson for the Muslim community that matters such as polygamy and nikah halala might similarly end up in court if reformative steps are not taken, Congress leader Salman Khurshid has said.
Khurshid, who has written a book “Triple Talaq: Examining Faith” (OUP/pp 260/Rs 316), said a bill on the subject that is pending in parliament “does not make sense” as the practice has been outlawed by the Supreme Court.
Khurshid, a former External Affairs Minister, accused the BJP-led government of pursuing a “divisive agenda.”
“What is the effect of taking away triple talaq? This is what I have tried to say in my book — that triple talaq is bad. We are not for it. It’s a silly way of giving talaq.
“But there is no difference between talaq and triple talaq, except that talaq is reversible and triple talaq is irreversible,” Khurshid told IANS in an interview.
Asked if the reform on triple talaq should have come from within the Muslim community, Khurshid said: “I agree that this is something that the Muslim community, through its chosen leaders, should have addressed before the court took hold of it. And, therefore, this is a lesson about other matters that might similarly end up in court if the community does not take steps to reform.”
Asked to elaborate, he said: “Polygamy is one such thing and the nikah halala is another one. I think there are good ways of showing and explaining that both of them do not pose as great a threat to equality as is made out to be, but certainly popular perception about them is very bad. Therefore they should be addressed from within the community.”
As per “nikah halala”, a woman divorcee has to marry someone else and consummate this marriage before getting a divorce to remarry her earlier husband.
Khurshid noted that only a microscopic percentage of the Muslim community resorts to instant triple talaq and reforms normally happen if something becomes overwhelming and people think it is becoming a burden. “If it is microscopic, it often gets overlooked, neglected. And then there were larger issues that people amongst Muslims were preoccupied with,” he said.
Asked if the triple talaq bill was a step towards imposing Uniform Civil Code (UCC), he said: “Yes, it certainly is.”
“There is a hidden agenda, or not-so-well hidden agenda, there of trying to impose (the UCC). But even (for) trying to impose it, this is a very shabby way of doing it. You can’t impose the code on the peril of criminal culpability. If it it’s to be introduced, it has to be introduced as a code and that code is not criminal. The code has to be a civilian code.”
Khurshid said talaq is part of personal law and nobody has challenged it.
“It is only triple talaq that has been challenged, and the world over the understanding is that triple talaq or a talaq said three times, six times, 100 times, is only to be considered as talaq said once and talaq said once is perfectly valid and, therefore, triple talaq’s first talaq is also perfectly valid,” Khurshid said.
He said the Congress is very clearly against the criminalising element in the triple talaq bill.
“To impose criminal liability in essentially a civil matter, which is the matter of a family affair, I think, is wrong. Also on fundamental jurisprudential principles, to punish somebody for something that does not exist is against the principles of criminology,” he said.
The Congress and several other opposition parties have said that the bill, which is pending in the Rajya Sabha after the Lok Sabha passed it, should be examined by a select committee.
Khurshid said even women who are against triple talaq have not come out in favour of criminalisation.
Khurshid, who assisted the court during the triple talaq hearing, said if the government is genuinely concerned about divorced women, it should provide for them irrespective of the community they belong to.
Accusing the BJP of pursuing a “silly divisive agenda” to portray Muslims as “regressive”, “counter-productive for modern society” and Muslim society being divided among men and women, Khurshid said: “That is a completely wrong understanding of Muslim society.”
He said the BJP was “grievously mistaken” if it thinks it will get votes of Muslim women due to the triple talaq bill. “You think Muslim women don’t watch television and see what happened to Pehlu Khan and Mohammad Akhlaq who were killed by cow vigilantes? I think it is a very myopic understanding of Muslim women.”
Asked about the perception that the BJP got votes from the Muslim community in (last year’s) Uttar Pradesh assembly polls, Khurshid said: “That’s an impression they give. I have very serious doubts.”
He said the government will not find the going easy on the bill as it lacks a majority in the upper house.
“They still do not have strength to pass it in the house. They may get the strength after a year or whatever, and they just have to wait till then. And then there will be matter of testing it in the courts. It is not smooth sailing as they might imagine,” Khurshod conteded.
(Prashant Sood can be reached at prashant.s@ians.in)
—IANS
