Integrity Score 240
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Enlightened Secularism and Common Heritage continues..
Even on the question of the Shariat, the Muslim militants want the Indian State only to implement what suits them. They reject, the Shariat-ordained notion that a Muslim can have his hand cut off for the crime of robbery committed in India. How can a secular state accept such partial application? If Muslim fanatics in India can call for truncated application of the Shariat, where should such truncation stop. Why not include personal laws in such truncation?
UNIFORM CIVIL CODE FOR INDIA
The question whether India should adopt a uniform civil code should be treated as a legal question because it is a mandate addressed to the ‘State’ by Art. 44 under the Directive Principles of the Constitution.
Unfortunately, in India, legal questions are politicized when it affects the “Muslim vote bank”.
Article 44 of the Constitution says –
“The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”
A controversy has however arisen as to the formation of a uniform code relating to the family or personal law of the parties relating to matters such as marriage and divorce, succession, adoption.
The framers of the Constitution clearly indicated what they meant by the word ‘personal law’ in Entry 5 of List III of the 7th Schedule of the same Constitution.
Entry 5 says:
“5, Marriage and divorce; infants and minors; adoption; wills; intestacy and succession; joint family and partition; all matters in respect of which parties in judicial proceedings were immediately before the commencement of this Constitution subject to their personal law.”
The fathers of the Constitution had witnessed the baneful effects of a claim for separate identity of the Muslim community on the ground that their religion prescribed a separate personal law, — resulting in the lamentable Partition of India on the footing of the theory of ‘Two Nations’, founded on two religions.
to be continued...
( This account is maintained by Har Anand Publication)