22nd August 2017
22 August 2017
Musings.......
In a landmark and historic judgement, the Supreme Court of India held unconstitutional, the instant triple talaq. The five-judge constitutional bench headed by CJI Justice Khelkar gave the majority verdict at 3:2 calling the practice 'arbitrary' and 'not part of Islam'.
The SC bench consisted of justices who follow different faiths. CJI Justice Khelkar is a Sikh, Justice Kurien Joseph a Christian, Justice Rohinton Fali Nariman a Parsi, Justice UU Lalit a Hindu, and Justice Abdul Nazeer a Muslim.
This move by the SC proves to be a great step towards gender parity and equity. Muslim women seem have welcomed this move with open arms. However, it cannot be said so with Muslim men. There are many who have raised objections. It would not be prudent though to go into their personal objections as it would be beyond the scope of this article.
What we should look at is the bigger picture. There is no doubt that the verdict is a shot in the arm towards empowerment of Muslim women. However some points have to be highlighted.
1). Why now?
Why does the Modi Government decide to bring up this sensitive issue and create controversy within a year into its government.
2). What is the real agenda behind such a move?
3). Is the Modi government really following a bigger game plan leading towards a Uniform Civil Code?
Make no mistake about the intention of this government, it has to be toward creating a Uniform Civil Code the creation of which if done unilaterally, without proper consensus, can create far reaching repercussions. This move could undermine the secular credentials of this country.
The founding fathers of our constitution were not oblivious to this issue nor were they ignorant. In fact Pandit Jawaharlal Nehru had taken a stand in Parliament that a Uniform Civil Code be envisaged when the civil society is ready to accept it and the need of which arises.
There is no reason to believe that the civil society is yearning for a Uniform Civil code. In fact we all are proud of our unity in diversity.
Hence there is reason to believe that such unnecessary controversy can only create friction in our diverse society which is precisely the agenda of some organisations close to the government including the Sangh Parivar and the RSS.
The logic goes thus. A highly divisive society would lead to fear among the minority and majority communities. This in turn can lead to Majority consolidation which can easily keep the present central government in power for a long- long time. It was not without thinking that the BJP President Amit Shah declared that the BJP will remain in power for the next 50 years.
Even though the present verdict is a welcome move considering many Muslim countries have long back abolished the Talaq-e-biddat, i will fail in expressing myself if I don't put caution to the wind. By attacking specific religious minorities and undermining its cultural identity we are not upholding constitutional values.
The Judiciary recommending a uniform civil code could be considered as if Hindu values would be imposed over every Indian which has been reason for strong debates since the Shah Bano case of 1985.
Let us keep the subject open for debate. Is our civil society ready and mature enough for a Uniform Civil code?
Food for thought.........
RC
Musings.......
In a landmark and historic judgement, the Supreme Court of India held unconstitutional, the instant triple talaq. The five-judge constitutional bench headed by CJI Justice Khelkar gave the majority verdict at 3:2 calling the practice 'arbitrary' and 'not part of Islam'.
The SC bench consisted of justices who follow different faiths. CJI Justice Khelkar is a Sikh, Justice Kurien Joseph a Christian, Justice Rohinton Fali Nariman a Parsi, Justice UU Lalit a Hindu, and Justice Abdul Nazeer a Muslim.
This move by the SC proves to be a great step towards gender parity and equity. Muslim women seem have welcomed this move with open arms. However, it cannot be said so with Muslim men. There are many who have raised objections. It would not be prudent though to go into their personal objections as it would be beyond the scope of this article.
What we should look at is the bigger picture. There is no doubt that the verdict is a shot in the arm towards empowerment of Muslim women. However some points have to be highlighted.
1). Why now?
Why does the Modi Government decide to bring up this sensitive issue and create controversy within a year into its government.
2). What is the real agenda behind such a move?
3). Is the Modi government really following a bigger game plan leading towards a Uniform Civil Code?
Make no mistake about the intention of this government, it has to be toward creating a Uniform Civil Code the creation of which if done unilaterally, without proper consensus, can create far reaching repercussions. This move could undermine the secular credentials of this country.
The founding fathers of our constitution were not oblivious to this issue nor were they ignorant. In fact Pandit Jawaharlal Nehru had taken a stand in Parliament that a Uniform Civil Code be envisaged when the civil society is ready to accept it and the need of which arises.
There is no reason to believe that the civil society is yearning for a Uniform Civil code. In fact we all are proud of our unity in diversity.
Hence there is reason to believe that such unnecessary controversy can only create friction in our diverse society which is precisely the agenda of some organisations close to the government including the Sangh Parivar and the RSS.
The logic goes thus. A highly divisive society would lead to fear among the minority and majority communities. This in turn can lead to Majority consolidation which can easily keep the present central government in power for a long- long time. It was not without thinking that the BJP President Amit Shah declared that the BJP will remain in power for the next 50 years.
Even though the present verdict is a welcome move considering many Muslim countries have long back abolished the Talaq-e-biddat, i will fail in expressing myself if I don't put caution to the wind. By attacking specific religious minorities and undermining its cultural identity we are not upholding constitutional values.
The Judiciary recommending a uniform civil code could be considered as if Hindu values would be imposed over every Indian which has been reason for strong debates since the Shah Bano case of 1985.
Let us keep the subject open for debate. Is our civil society ready and mature enough for a Uniform Civil code?
Food for thought.........
RC
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