2014-07-21 13:18:00

Catholic group in India opposes proposal to implement Uniform Civil Code


A Catholic group in Mumbai has opposed a proposal to implement uniform civil code in India, which will end Christians and Muslims having their own personal laws for marriage and inheritance.

The Catholic Secular Forum (CSF) general secretary, Joseph Dias has said that Christians were against a Uniform Civil Code (UCC) foisted upon the minorities.

Almost three decades back the Supreme Court, in its observation in the Shah Bano case, had asked for a Uniform Civil Code in India. That was followed by constant observations and solemn instructions by the Court of highest appeal in a few other cases. Successive governments had chosen to ignore the issue or even initiating any debate, given its sensitive nature.

Less than two months after NDA came to power at the Centre, the issue of uniform civil code is causing ripples with Union law minister Ravi Shanker Prasad advocating wider consultation in a written reply to Lok Sabha to a question raised by BJP Member of Parliament from Gorakhpur, state of Uttar Pradesh, Yogi Adityanath.

Yogi wanted to know whether government believed that uniform civil code should be implemented in the country and what would be the government's strategy. Prasad said in his reply that wider consultation with stakeholders will be held before moving forward with a decision. "India is a secular country and there couldn't be different laws for members of different communities. There is a need for amendment to implement the uniform civil code," Yogi told Times of India from Delhi.

"The Uniform Civil Code has been on the agenda of the Rashtriya Swayamsevak Sangh (RSS) ever since its inception. But let's not forget the fact that India is a diverse country, where people follow their own personal laws which have been evolved through traditions and customs going back thousands and thousands of years," Congress Leader Manish Tewari told ANI. "So, if the government tries to gerrymander with personal laws of communities and people as to how they are supposed to get married and cremated or buried after their demise. How they are supposed to conduct their social lives?" he said.

Article 44, included in Part IV of the Constitution of India, lists the Uniform Civil Code as one of the Directive Principles of State policy that cannot be enforced by any court. The Uniform Civil Code was part of the BJP election manifesto. The party believes there cannot be gender equality till India adopts a uniform code which protects the rights of all women.

In India, there are different set of laws for different communities pertaining to personal matters like marriage, divorce, property, adoption, inheritance and maintenance. The Uniform Civil Code implies covering all these personal laws into one unified set of a secular law, that will be applicable for each and every citizen of India irrespective of his/her religious community.

According to Joseph Dias, Catholic Church has a Canon Law, which is followed all over the world and regulates family issues like, divorce, marriage and inheritance, implemented by Ecclesiastical Courts. The government's move "would be ultra vires of the Constitutional right to freedom of religion and gives the impression that the BJP government would like to control especially the minorities and its property or institutions by weakening the authority of religious leadership," Dias said.

"If at all, the UCC needs to be considered, then it needs to be optional or voluntary, as assured by BR Ambedkar during the Constituent Assembly debates on the subject, where he also said that the fears of the minorities need to be allayed first," his statement said. It uniform laws and secularization have "failed in the West or developed nations and we seem to be importing it from there, which has not solved, but rather created problems."

Besides personal Laws "fulfill a great role" to ensure justice as governments and systems struggle with "huge backlog of legal cases and ineffective arbitration."

"The BJP has made unilateral announcements, with no consensus or consultation. We do not even know what is their idea of a UCC and how would it make provisions for cultural or religious differences through various parts of the country," the statement said.

 Source: UCAN, TOI, India Today








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