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The Uniform Civil Code debate

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Abdul and Zubaida believe that the name of the creator who created everything is “Allah”. Rahul and Suhana believe that the name of the creator who created everything is “Brahma”. John and Susan believe that the name of the creator who created everything is “God”. All these people are entitled to their opinions and have a constitutional right to uphold them. Beliefs are not questioned no matter how illogical they seem. But it should not be forgotten that beliefs are “Theories” and not “Facts”. We cannot allow “Theories” to govern our country no matter how much respect we give to them.

Unfortunately, this is the sad reality of today. Abdul, based on his beliefs can marry 4 women at the same time while Rahul and John can only marry 1 woman at a given time. Why? Just because Abdul “believes” that the creator’s name is Allah? This will create an atmosphere of injustice also for the women who “believe” in Allah for they cannot question their husband’s choice of bringing home a second, third or fourth wife while Suhana and Susan can go against their husbands if such actions are performed by them. This not only creates inequality between a Muslim man and a Muslim woman but also between a Muslim Woman on one side and a Hindu or a Christian woman on the other. Thus, inequality not only on gender basis but also on religious basis even though the gender of the two individuals may be the same.

If Suhana or Susan’s parents pass away without a Will then they are entitled to inherit an equal share of property as their male siblings. But if Zubaida’s parents pass away without a Will, then she is only entitled to half of what her male siblings get. Why? Just because she is female and “believes” that the name of the Creator is Allah?

The same goes for the Goa Civil Code which transferred into the Indian Constitution in the year 1961 as a continuation of the Portuguese law which criminalises polygamy in the State of Goa but gives the legal right to a Hindu man to practice bigamy if his wife fails to deliver a child till the age of 25 or a male child till the age of 30. Why? Just because a woman and her husband believe that the Creator’s name is “Brahma”? I personally neither believe in “The Creator” or religion nor do I necessarily respect every claim, commandment or acts performed by the so called Creators that are written in the scripture. What I respect is the Fundamental and Constitutional Right to uphold whichever belief suits the being of an individual since I uphold the sovereignty and integrity of the Constitution of India.

The same Constitution contains the Article 44. Article 44 of the Directive Principles in the Constitution says the “State shall endeavour to provide for its citizens a uniform civil code (UCC) throughout the territory of India.” Your beliefs are your beliefs but you need to accept the fact that they are still “beliefs”. One may uphold his/her beliefs but in no way is it logical, humane or any example of equality that in the same country, there are two different set of laws that are being implemented on two different people, males and females where females are disadvantaged on the ground of their gender merely because of their “beliefs”.

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