India on its big move to set right a historical wrong by implementing UCC.
With the only vision to be reckoned with, one of the fastest-growing economies, and a progressive country that left behind the shackles from the British colonial time 75 years ago, the country India faces a dichotomy of regressive laws that are still in action and which affects the lives of many in the country. One of such laws is the Muslim Personal Law.
The Shariat Act, 1937, was brought into force by the British. With time it came to be known as Muslim Personal Law. It deals with marriages, divorce, inheritance, succession, and maintenance for the Muslim community.
Though the British brought in the act, during the time of Independence which happened to coincide with the Partition, a new constitutional framework was being set up by the then prominent leaders in India. Indians at that time with the pressure of Partition did not take steps to abolish such regressive law. Rather a provision in the Indian Constitution was made, under Article 44. This allows the implementation of the Uniform Civil Code (UCC).
The Muslim Personal Law allows practices like polygamy. This practice is outlawed even in many Islamic countries. India is one of the developing countries that is involved in the practice. This is completely contradictory to what the country wants to achieve and become.
If the Muslim Personal Law was continued to be in action, then it clearly states that the country is selectively secular. Which is seen in many states and even in the central government. But this revocation and implementation of UCC would make the wrong good.
Any law that is implemented serves the purpose of protection and does not limit or impinge on the citizens. The country already is running behind most of the countries in the world. Muslim Personal Law discriminates against Muslim women and limits their rights to justice. Justice denied on religious grounds.
What is Uniform Civil Code?
The Uniform Civil Code is a proposal to be formulated. It implements personal laws for citizens in the country. This applies to all citizens of the country irrespective of their religion, sex, gender, and sexual orientation. In the 2019 Lok Sabha elections, the Bharatiya Janta Party (BJP) manifestations had promised to implement UCC if and when it comes to power.
India is very progressive. It is reaching heights across all the domains. When the progression is pulled behind by an 85-year-old law, that too not implemented by the Indians, does not make sense. It is high time that the patriarchal society changes and brings inclusiveness among one another.
Published by: Gargi sharma
Edited by: Aaradhana Singh