Treat with kid gloves: Triple Talaq vis-à-vis Uniform Civil Code

THE TRIBUNE, 17 OCTOBER, 2016

Treat with kid gloves

Triple talaq encompasses both social and legal issues. The right to freedom of religion enshrined in Article 25(1) of the Constitution is circumscribed by the considerations of public order, morality and health and other fundamental rights, like non-arbitrariness, non-discrimination, dignity and gender justice. Assuming that triple talaq finds sanction in sharia law and is further validated by the Muslim Personal Law (Shariat) Application Act, 1937, nevertheless, being a lesser right, it will have to give way to the aforesaid constitutional ideals. Moreover, Article 25(2) empowers the State to make any law providing for social welfare and reform. Even though the idea of the civil code per se is highly intricate and a debatable issue, Article 44 of the Constitution exhorts the State to endeavour to secure for the citizens a uniform code. Hence, instead of chasing after a politically loaded notion of  a uniform code, remove social vices like gender discrimination and archaic practises from various personal laws. 

RAJENDER GOYAL, Bahadurgarh 

The original piece sent to The Tribune reads rhus:

Triple Talaq vis-à-vis Uniform Civil Code

Triple Talaq encompasses both social and legal issues. Right to freedom of religion enshrined in the Article 25(1) of the Constitution is circumscribed by the considerations of public order, morality and health and other fundamental rights viz. non-arbitrariness, non-discrimination, dignity, gender justice etc. Assuming that Triple Talaq finds sanction in Islamic Sharia Law and further validated by the Muslim Personal Law (Shariat) Application Act, 1937, nevertheless, being a lesser right, it will have to give way to aforesaid constitutional ideals. Moreover, Article 25(2) empowers the State to make any law providing for social welfare and reform. It is no gainsaid to emphasize that Triple Talaq is an archaic & retrogressive practice and a social vice grossly violating the dignity of women. If the State does away with this by enacting a law, any challenge to such measure of social welfare and reform on the premise that it impinges upon the religious freedom of any section may not survive in view of the said Article 25(2).

However, idea of ‘uniform civil code’ in India per se is highly intricate and debatable issue, albeit, Article 44 of the Constitution exhorts the State to endeavor to secure for the citizens a ‘uniform civil code’. Even a cursory glance through the Hindu Law-mostly codified (applicable on about 81% Indian population) and Mohammedan Law-mostly un-codified (applicable on largest minority i.e. Muslims constituting about 15% of Indian population) would reveal that these laws vary in myriad ways both in theory and practice as applicable on people belonging to different sections within a religious community.

 Hence, instead of chasing after an elusive and politically loaded notion of ‘uniform civil code’, need of hour is to remove the social vices (gender discrimination, archaic & retrogressive practices etc) from the different personal laws governing the different religious communities and to modernize (reform) them in sync with the demand and challenges of the modern age (as far as possible in tune with fundamental rights enshrined in part III of the Constitution).

RAJENDER GOYAL, Bahadurgarh