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BJP's rhetoric on Uniform Code undermined by its silence on laws favouring majority

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  • Mohammad Imran
    http://scroll.in/article/666262/BJP s-rhetoric-on-Uniform-Code-undermined-by-its-silence-on-laws-favouring-majority Saturday, June 7th 2014 Subscribe to daily
    Message 1 of 3 , Jun 7, 2014
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      BJP's rhetoric on Uniform Code undermined by its silence on laws favouring majority
      From apostasy laws to differential tax rules, there is no dearth of legislation in India based on religion. Adding these to its reform list would make the BJP’s job of introducing a UCC that much easier.




      The Bharatiya Janata Party’s resounding win in the Lok Sabha elections has brought one of its pet issues back into focus: the establishment of a Uniform Civil Code to replace the current system by which followers of different faiths are subject to religious personal laws relating to marriage, inheritance and other matters.

      In theory, the argument that religion should play no role in the laws of a secular republic is difficult to refute and indeed the establishment of a progressive legal code would do much good. But in practice, the BJP’s rather high-pitched espousal of the UCC has perhaps done more harm to the cause than help it.

      The party’s portrayal of religious personal law as the one barrier standing between India and “true” secularism is hyperbolic. The situation is far more complex. Contrary to common knowledge, religious personal laws in India have not been static. Significant parts of these codes, especially those relating to minority communities, have already been reformed as a result of legal intervention resulting from cases challenging these statutes.

      For instance, despite Rajiv Gandhi’s decision to reverse a court decision in 1985 Shah Bano case ordering a Muslim man to pay his wife maintenance, the courts have reaffirmed the rights of Muslim women to alimony. The egregious triple talaq rule was overruled in the Shamim Ara case in 2002, which held that the husband did not have a unilateral right to verbal divorce when there was “no substantial evidence” of the man having pronounced the three words.

      It is rarely acknowledged but there are a number of other provisions in India that work on explicitly religious or communal principles, all of which are also in urgent need of reform. On these the BJP has maintained a studied silence, in some cases even propagating them. The notable provisions are listed below:

      Gujarat’s apostasy law: it might come as a surprise that India has an apostasy law, but in 2003, a time of great communal polarisation, the Gujarat legislature passed the Freedom of Religion Act, a wonderfully Orwellian name for a law that restricts religious freedom. The act made it mandatory for a person converting to another religion to take permission from the district magistrate first. Only if the district magistrate is convinced that the convert has undergone a true religious transformation is the change allowed. That an ostensibly secular state sits in judgment of whether a person’s religious choice is true or fraudulent might have been funny, if it wasn’t for the four-year jail sentence the law carries.
      Gujarat’s Disturbed Areas Act: In Gujarat it is illegal for Hindus and Muslims to enter into a property transaction unless it has the permission of the government. As of 2013, 40% of Ahmedabad was notified under the act. While religious ghettoisation is a fact in most Indian cities, this legislation makes it official government policy.
      Religion-based reservations: A Presidential Order dating back to 1950 makes all non-Hindu Dalits ineligible for Scheduled Caste reservations, saying only Hindu Dalits can avail of reservations in government jobs, higher education and legislative bodies. This was amended to include Sikh Dalits in 1956 and Buddhist Dalits in 1990, but it has still not been extended to the other religious groups. This also means that Christian and Muslim Dalits are not protected against anti-Scheduled Caste atrocity legislation.
      Tax breaks on the basis of religion: A well-known yet oddly uncontroversial measure, the Hindu Undivided Family provides, in the words of T Ramanujam, “almost a perfect medium for tax avoidance”. It is open only to Hindus, Sikhs, Jains and Buddhists.

      Though legal intervention is helping to reform religious law, the process isslow and haphazard, very often depending on the interpretation of a single judge. In such a situation, the establishment of a standard, progressive UCC would help by speeding up the reform and making them available to all Indians at a stroke. As the reform of Hindu personal law in the 1950s showed, the benefits of such a move would be wide-reaching.

      Given the physical insecurities of religious minorities in India, however, introducing a UCC will be difficult. It is strange that the party that is its greatest proponent, the BJP, simultaneously champions theological issues such as temple construction and the mainstreaming of Hindu systems of medicine. This has led to fears that the UCC will be used to marginalise the interests of minority communities while submitting to majoritarian impulses.

      If it is serious about introducing a UCC, the BJP, and consequently the government, must adopt a principled stand against all religion-based laws, working concurrently to remove discriminatory legislation, such as those discussed above. In this bundled approach lies the best chance of introducing a uniform code.
    • Firoz Ahmad
      Any civil code in personal matters is really unnecessary except for legislating a minimum age for marriage for both the sexes. Otherwise, so long as fraud or
      Message 2 of 3 , Jun 11, 2014
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        Any civil code in personal matters is really unnecessary except for legislating a minimum age for marriage for both the sexes. Otherwise, so long as fraud or force is not employed, it should be nobody's business whom one marries or how many spouses one has. As for inheritance, it would be best to abolish it altogether. It is an affront to one's dignity to inherit wealth or property from one's family. Moreover, such bequest adds to inequality. On the other hand, in the paradigm of private property one is anyway free to gift anything in any proportion to those one loves or does not love. Similarly, maintenance for divorced women is an idea much inferior to the economic autonomy and freedom to employment for women. Maintenance from someone you do not love or who does not love you is a patronising mechanism. The same argument stands for divorce which ought to be equally easy to get for either party for whatever reason. Afterall, I cannot think of a self-respecting reason why I would want to force myself upon a person who does not wish to stay with me under one roof. Meanwhile, we can wait for a uniform civil code under which all indians would be permitted to marry their cousins, irrespective of religion or caste.
        On Sunday, June 8, 2014, Mohammad Imran dalibagh@... [arkitectindia] <arkitectindia@yahoogroups.com> wrote:
        >  
        >
        >  http://scroll.in/article/666262/BJP's-rhetoric-on-Uniform-Code-undermined-by-its-silence-on-laws-favouring-majority
        >
        > <https://ci4.googleusercontent.com/proxy/DiADdKb6Ijc2kxo5kYxz0ALk_X-fzYTO5kdeHSIA2uO1QCayBEqE_xxjgjbTqBbbTym2FJml73BwVAOI0gnmXf_GMRG_QbY7uvyLJrkj72oRV-E=s0-d-e1-ft#http://d2k9eqch3u0811.cloudfront.net/images/e41ddbae.logo.png>
        > Saturday, June 7th 2014
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        > Dhirendra K Jha · 20 hours ago
        > BJP's rhetoric on Uniform Code undermined by its silence on laws favouring majority
        > Shoaib Daniyal · 2 days ago
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        > LEGAL REFORM
        > BJP's rhetoric on Uniform Code undermined by its silence on laws favouring majority
        > From apostasy laws to differential tax rules, there is no dearth of legislation in India based on religion. Adding these to its reform list would make the BJP’s job of introducing a UCC that much easier.
        > Shoaib Daniyal · 2 days ago
        >
        >
        > <https://ci4.googleusercontent.com/proxy/XZnVGOOTUVlvE73nXTqDUZCVXV3tJ4VzDgx751bZuvJk3k_CLZsQYUGaNPUl242CM_fXjo05MOjjo6wNzvSMFwlRVIaQKd6-EjfWE2MImdUs8psYtk3nIaxLMc59UXICyYpKEA=s0-d-e1-ft#https://d1u4oo4rb13yy8.cloudfront.net/dfce1ad5-7982-4c9f-beca-3f92a69aa353.jpg>
        > The Bharatiya Janata Party’s resounding win in the Lok Sabha elections has brought one of its pet issues back into focus: the establishment of a Uniform Civil Code to replace the current system by which followers of different faiths are subject to religious personal laws relating to marriage, inheritance and other matters.
        >
        > In theory, the argument that religion should play no role in the laws of a secular republic is difficult to refute and indeed the establishment of a progressive legal code would do much good. But in practice, the BJP’s rather high-pitched espousal of the UCC has perhaps done more harm to the cause than help it.
        >
        > The party’s portrayal of religious personal law as the one barrier standing between India and “true” secularism is hyperbolic. The situation is far more complex. Contrary to common knowledge, religious personal laws in India have not been static. Significant parts of these codes, especially those relating to minority communities, have already been reformed as a result of legal intervention resulting from cases challenging these statutes.
        >
        > For instance, despite Rajiv Gandhi’s decision to reverse a court decision in 1985 Shah Bano case ordering a Muslim man to pay his wife maintenance, the courts have reaffirmed the rights of Muslim women to alimony. The egregious triple talaq rule was overruled in the Shamim Ara case in 2002, which held that the husband did not have a unilateral right to verbal divorce when there was “no substantial evidence” of the man having pronounced the three words.
        >
        > It is rarely acknowledged but there are a number of other provisions in India that work on explicitly religious or communal principles, all of which are also in urgent need of reform. On these the BJP has maintained a studied silence, in some cases even propagating them. The notable provisions are listed below:
        >
        > Gujarat’s apostasy law: it might come as a surprise that India has an apostasy law, but in 2003, a time of great communal polarisation, the Gujarat legislature passed the Freedom of Religion Act, a wonderfully Orwellian name for a law that restricts religious freedom. The act made it mandatory for a person converting to another religion to take permission from the district magistrate first. Only if the district magistrate is convinced that the convert has undergone a true religious transformation is the change allowed. That an ostensibly secular state sits in judgment of whether a person’s religious choice is true or fraudulent might have been funny, if it wasn’t for the four-year jail sentence the law carries.
        > Gujarat’s Disturbed Areas Act: In Gujarat it is illegal for Hindus and Muslims to enter into a property transaction unless it has the permission of the government. As of 2013, 40% of Ahmedabad was notified under the act. While religious ghettoisation is a fact in most Indian cities, this legislation makes it official government policy.
        > Religion-based reservations: A Presidential Order dating back to 1950 makes all non-Hindu Dalits ineligible for Scheduled Caste reservations, saying only Hindu Dalits can avail of reservations in government jobs, higher education and legislative bodies. This was amended to include Sikh Dalits in 1956 and Buddhist Dalits in 1990, but it has still not been extended to the other religious groups. This also means that Christian and Muslim Dalits are not protected against anti-Scheduled Caste atrocity legislation.
        > Tax breaks on the basis of religion: A well-known yet oddly uncontroversial measure, the Hindu Undivided Family provides, in the words of T Ramanujam, “almost a perfect medium for tax avoidance”. It is open only to Hindus, Sikhs, Jains and Buddhists.
        >
        > Though legal intervention is helping to reform religious law, the process is slow and haphazard, very often depending on the interpretation of a single judge. In such a situation, the establishment of a standard, progressive UCC would help by speeding up the reform and making them available to all Indians at a stroke. As the reform of Hindu personal law in the 1950s showed, the benefits of such a move would be wide-reaching.
        >
        > Given the physical insecurities of religious minorities in India, however, introducing a UCC will be difficult. It is strange that the party that is its greatest proponent, the BJP, simultaneously champions theological issues such as temple construction and the mainstreaming of Hindu systems of medicine. This has led to fears that the UCC will be used to marginalise the interests of minority communities while submitting to majoritarian impulses.
        >
        > If it is serious about introducing a UCC, the BJP, and consequently the government, must adopt a principled stand against all religion-based laws, working concurrently to remove discriminatory legislation, such as those discussed above. In this bundled approach lies the best chance of introducing a uniform code.
        >
        >
        > ________________________________
        > Posted by: Mohammad Imran <dalibagh@...>
        > ________________________________
        > Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1)
        > Disclaimer:  Arkitect India (AI)  provides open space for discussion on various issues affecting our society. The author is solely responsible for his/her views on the forum. AI neither endorses nor condones any policy, idea or experience of people shared on this forum. AI only facilitates the samundra manthan. The debate & discussion at AI should not be linked with me or my professional organization in any way. Editor & Moderator, Arkitect India, New Delhi.
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        --
        Firoz Ahmad
        B-8, Neelkanth - 1
        Burari Main Road
        Sant Nagar
        Delhi- 110084 
      • Kaleem Kawaja
        Mr Firoz Your ideas are most irrational and impractical and will create anarchy in society. How can a divorced woman who has no ability to get a decent job to
        Message 3 of 3 , Jun 19, 2014
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          Mr Firoz
          Your ideas are most irrational and impractical and will create anarchy in society.  How can a divorced woman who has no ability to get a decent job to support herself survive without her husband providing financial support?  Are all women doctors and engineers and forever young and healthy?  What sort of family harmony exists in a family where the man has multiple wives?

          When a man dies what should happen to his inheritance.  Give it all away on charity while the children have needs?



          Kaleem Kawaja 
          Sent from my iPhone

          On Jun 11, 2014, at 8:45 AM, "Firoz Ahmad firozteacher@... [arkitectindia]" <arkitectindia@yahoogroups.com> wrote:

           


          Any civil code in personal matters is really unnecessary except for legislating a minimum age for marriage for both the sexes. Otherwise, so long as fraud or force is not employed, it should be nobody's business whom one marries or how many spouses one has. As for inheritance, it would be best to abolish it altogether. It is an affront to one's dignity to inherit wealth or property from one's family. Moreover, such bequest adds to inequality. On the other hand, in the paradigm of private property one is anyway free to gift anything in any proportion to those one loves or does not love. Similarly, maintenance for divorced women is an idea much inferior to the economic autonomy and freedom to employment for women. Maintenance from someone you do not love or who does not love you is a patronising mechanism. The same argument stands for divorce which ought to be equally easy to get for either party for whatever reason. Afterall, I cannot think of a self-respecting reason why I would want to force myself upon a person who does not wish to stay with me under one roof. Meanwhile, we can wait for a uniform civil code under which all indians would be permitted to marry their cousins, irrespective of religion or caste.
          On Sunday, June 8, 2014, Mohammad Imran dalibagh@... [arkitectindia] <arkitectindia@yahoogroups.com> wrote:
          >  
          >
          >  http://scroll.in/article/666262/BJP's-rhetoric-on-Uniform-Code-undermined-by-its-silence-on-laws-favouring-majority
          >
          > <https://ci4.googleusercontent.com/proxy/DiADdKb6Ijc2kxo5kYxz0ALk_X-fzYTO5kdeHSIA2uO1QCayBEqE_xxjgjbTqBbbTym2FJml73BwVAOI0gnmXf_GMRG_QbY7uvyLJrkj72oRV-E=s0-d-e1-ft#http://d2k9eqch3u0811.cloudfront.net/images/e41ddbae.logo.png>
          > Saturday, June 7th 2014
          >
          > Subscribe to daily newsletter
          > Talk to Us
          > About Us
          >
          > All
          > Live
          >
          > Trending on Scroll
          > Modi bars ministers, bureaucrats from talking to journalists
          > Dhirendra K Jha · 20 hours ago
          > BJP's rhetoric on Uniform Code undermined by its silence on laws favouring majority
          > Shoaib Daniyal · 2 days ago
          > The roots of Goonda Raj: Why there's so much violence in Uttar Pradesh
          > Gilles Verniers · a day ago
          > Watch the last three minutes of Pakistan's Geo TV as battle with ISI takes it off the air
          > Scroll Staff · 19 hours ago
          > Toilets are urgently needed in rural India, but don't imagine they'll reduce rape
          > Diane Coffey, Aashish Gupta, Payal Hathi, Dean Spears and Sangita Vyas · a day ago
          > How the RAW operates as an invisible force in Nepali politics
          > Prashant Jha · 2 days ago
          > Everything you need to know about Lok Sabha Verdict 2014 explained in 40 charts
          > Gilles Verniers and the YIF Electoral Data Unit* · 2 days ago
          > Modi's economic plans may be hurt as Met Department confirms that monsoon will be slightly below average
          > Mridula Chari · 19 hours ago
          > Why CNN-IBN's Sagarika Ghose may no longer criticise Modi
          > Shivam Vij · 4 months ago
          > Modi disrupts honeymoon between Goa CM Parrikar and Catholic Church
          > Mayabhushan Nagvenkar · 3 days ago
          > 'Hinduize politics, militarize Hindus' is slogan of group suspected of Pune techie's murder
          > Scroll Staff · 3 days ago
          > A new explanation for the mysterious child mortality puzzle among Muslims: open defecation
          > Akshat Rathi · 8 days ago
          > Heat waves in India claim more lives than the government statistics reveal
          > Supriya Sharma · a day ago
          > Why Rahul Gandhi's traumatic past makes him incapable of leading the Congress
          > Ajaz Ashraf · 5 days ago
          > Shekhar Gupta leaves Indian Express after 19 years
          > Scroll Staff · 6 days ago
          >
          > All News
          > LEGAL REFORM
          > BJP's rhetoric on Uniform Code undermined by its silence on laws favouring majority
          > From apostasy laws to differential tax rules, there is no dearth of legislation in India based on religion. Adding these to its reform list would make the BJP’s job of introducing a UCC that much easier.
          > Shoaib Daniyal · 2 days ago
          >
          >
          > <https://ci4.googleusercontent.com/proxy/XZnVGOOTUVlvE73nXTqDUZCVXV3tJ4VzDgx751bZuvJk3k_CLZsQYUGaNPUl242CM_fXjo05MOjjo6wNzvSMFwlRVIaQKd6-EjfWE2MImdUs8psYtk3nIaxLMc59UXICyYpKEA=s0-d-e1-ft#https://d1u4oo4rb13yy8.cloudfront.net/dfce1ad5-7982-4c9f-beca-3f92a69aa353.jpg>
          > The Bharatiya Janata Party’s resounding win in the Lok Sabha elections has brought one of its pet issues back into focus: the establishment of a Uniform Civil Code to replace the current system by which followers of different faiths are subject to religious personal laws relating to marriage, inheritance and other matters.
          >
          > In theory, the argument that religion should play no role in the laws of a secular republic is difficult to refute and indeed the establishment of a progressive legal code would do much good. But in practice, the BJP’s rather high-pitched espousal of the UCC has perhaps done more harm to the cause than help it.
          >
          > The party’s portrayal of religious personal law as the one barrier standing between India and “true” secularism is hyperbolic. The situation is far more complex. Contrary to common knowledge, religious personal laws in India have not been static. Significant parts of these codes, especially those relating to minority communities, have already been reformed as a result of legal intervention resulting from cases challenging these statutes.
          >
          > For instance, despite Rajiv Gandhi’s decision to reverse a court decision in 1985 Shah Bano case ordering a Muslim man to pay his wife maintenance, the courts have reaffirmed the rights of Muslim women to alimony. The egregious triple talaq rule was overruled in the Shamim Ara case in 2002, which held that the husband did not have a unilateral right to verbal divorce when there was “no substantial evidence” of the man having pronounced the three words.
          >
          > It is rarely acknowledged but there are a number of other provisions in India that work on explicitly religious or communal principles, all of which are also in urgent need of reform. On these the BJP has maintained a studied silence, in some cases even propagating them. The notable provisions are listed below:
          >
          > Gujarat’s apostasy law: it might come as a surprise that India has an apostasy law, but in 2003, a time of great communal polarisation, the Gujarat legislature passed the Freedom of Religion Act, a wonderfully Orwellian name for a law that restricts religious freedom. The act made it mandatory for a person converting to another religion to take permission from the district magistrate first. Only if the district magistrate is convinced that the convert has undergone a true religious transformation is the change allowed. That an ostensibly secular state sits in judgment of whether a person’s religious choice is true or fraudulent might have been funny, if it wasn’t for the four-year jail sentence the law carries.
          > Gujarat’s Disturbed Areas Act: In Gujarat it is illegal for Hindus and Muslims to enter into a property transaction unless it has the permission of the government. As of 2013, 40% of Ahmedabad was notified under the act. While religious ghettoisation is a fact in most Indian cities, this legislation makes it official government policy.
          > Religion-based reservations: A Presidential Order dating back to 1950 makes all non-Hindu Dalits ineligible for Scheduled Caste reservations, saying only Hindu Dalits can avail of reservations in government jobs, higher education and legislative bodies. This was amended to include Sikh Dalits in 1956 and Buddhist Dalits in 1990, but it has still not been extended to the other religious groups. This also means that Christian and Muslim Dalits are not protected against anti-Scheduled Caste atrocity legislation.
          > Tax breaks on the basis of religion: A well-known yet oddly uncontroversial measure, the Hindu Undivided Family provides, in the words of T Ramanujam, “almost a perfect medium for tax avoidance”. It is open only to Hindus, Sikhs, Jains and Buddhists.
          >
          > Though legal intervention is helping to reform religious law, the process is slow and haphazard, very often depending on the interpretation of a single judge. In such a situation, the establishment of a standard, progressive UCC would help by speeding up the reform and making them available to all Indians at a stroke. As the reform of Hindu personal law in the 1950s showed, the benefits of such a move would be wide-reaching.
          >
          > Given the physical insecurities of religious minorities in India, however, introducing a UCC will be difficult. It is strange that the party that is its greatest proponent, the BJP, simultaneously champions theological issues such as temple construction and the mainstreaming of Hindu systems of medicine. This has led to fears that the UCC will be used to marginalise the interests of minority communities while submitting to majoritarian impulses.
          >
          > If it is serious about introducing a UCC, the BJP, and consequently the government, must adopt a principled stand against all religion-based laws, working concurrently to remove discriminatory legislation, such as those discussed above. In this bundled approach lies the best chance of introducing a uniform code.
          >
          >
          > ________________________________
          > Posted by: Mohammad Imran <dalibagh@...>
          > ________________________________
          > Reply via web post • Reply to sender • Reply to group • Start a New Topic • Messages in this topic (1)
          > Disclaimer:  Arkitect India (AI)  provides open space for discussion on various issues affecting our society. The author is solely responsible for his/her views on the forum. AI neither endorses nor condones any policy, idea or experience of people shared on this forum. AI only facilitates the samundra manthan. The debate & discussion at AI should not be linked with me or my professional organization in any way. Editor & Moderator, Arkitect India, New Delhi.
          > Visit Your Group
          >
          > New Members 1
          >
          > <https://ci5.googleusercontent.com/proxy/0H4dpVBYnt8fMx25taz4HPHjzMS3zAzpyUfv85yQLjoNr5hFzk-H8c6lXpVY2sxK1v1uRMItgaQDFA8OMTH-hGPmlACfxHlK6CI3ZK9nuHq7tvilfqzoKQtsEPILYkAt8k1Y56E=s0-d-e1-ft#http://l.yimg.com/ru/static/images/yg/img/email/new_logo/logo-groups-137x15.png>

          --
          Firoz Ahmad
          B-8, Neelkanth - 1
          Burari Main Road
          Sant Nagar
          Delhi- 110084 

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