BJP using triple talaq ruling to impose uniform civil code: CPI-M


New Delhi, Aug 24 (IANS): Hailing the Supreme Court verdict on triple talaq, the CPI-M has alleged that the BJP was trying to impose a uniform civil code on people.

"The BJP is trying to utilise the arguments against triple talaq as grounds for imposing a uniform civil code," an editorial in the CPI-M journal People's Democracy said. "This is a deliberate misreading of the verdict.

"The majority judgment was clear that it is only addressing talaq-e-bidat and not all forms of talaq under Muslim personal law. 

"The court did not accept the arguments of the Attorney General representing the central government to widen the scope of the court intervention to other aspects of divorce under Muslim personal law." 

A five-member Constitution Bench of the Supreme Court on Tuesday struck down instant triple talaq as illegal and violative of the rights of Muslim women. 

"This majority verdict by 3 to 2 is a victory for Muslim women who have suffered under the arbitrary use of talaq-e-bidat which is instant talaq," the Communist Party of India-Marxist said. 

Amongst the majority of three, two of the judges argued that instant triple talaq violated the fundamental right to equality enshrined in Article 14 of the Constitution.

The third judge has said it was illegal as it was not sanctioned by the Quran and Islamic religious practice. 

"The stance of the two judges in the minority that personal law is protected under the Constitution and therefore immune to the equality test is regressive and contrary to the secular principle," the editorial said. 

"What is required is to work for equal rights for women within each religious community and to get reforms undertaken in this direction. Uniformity is not equality. 

"And a uniform civil code is no guarantee for justice. 

"The BJP government is not willing to have a law against honour killings. On the contrary under this government even secular laws applicable to all women are being sought to be diluted such as Section 498 A of the IPC. 

"The Supreme Court judgment will strengthen the resolve of women to continue to struggle for reform within their personal laws. This applies not only to Muslim women but to all women belonging to Hindu and other religious communities."

 

 
  

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Comment on this article

  • Alwyn, Mangalore

    Fri, Aug 25 2017

    Jashodaben is the estranged wife of Indian Prime Minister Narendra Modi. Their traditional marriage was arranged in Vadnagar by their families when they were children. The couple married in 1968 when Narendra Modi was 18 and Jashodaben was 16. Wikipedia
    For detailed information please visit ;
    https://www.quora.com/Why-is-Narendra-Modi-not-living-with-his-wife

    All these BJP gang members talking about divorce and praising Modi for nothing. My simple question is, "Why Modi is not willing to stay with his wife?" Be a good model to others and support every female.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Mohammed, Kundapur/Qatar

    Thu, Aug 24 2017

    triple talaq is nothing but, these judges and lawyers fedup with the same results, so after this they will be finding new loopholes to get their business more.
    first solve all pending cases, which takes decades, and when judgement comes the deceased no way see around.
    if each case takes 1 hour also it will take more than 60 years to finish the pending cases, only god knows how many more to come.

    DisAgree [5] Agree [5] Reply Report Abuse

  • MILAN, LUCERNE

    Thu, Aug 24 2017

    SIMPLY ARGUING... IN INDIA UCC IS NOT POSSIBLE. BECAUSE ACCORDING TO ACT 1935. EVERY RELIGION HAS ITS OWN PERSONAL LAW.WHICH CANNOT BE CHANGED.

    TRIPLE TALAQ IS BANNED BECAUSE IT IS NOT IN QURAN.

    BJP HAS NO OTHER WORK. LIKE BABRI THEY WANT TO USE THIS FOR POLTICAL MILEEAGE. AND NOTHING ELSE.

    DisAgree [9] Agree [6] Reply Report Abuse

  • Declan, Mumbai

    Thu, Aug 24 2017

    In my opinion the real aim is to bring in a 'Hindu Civil Code' and right now the word 'Uniform' is only being used to disguise the real name. Ultimate aim is to have a Hindu Rashtra and rewrite the Constitution of India. The BJP is so fond of banning and interfering in the food habits of other religious communities that not too distant in the future they could very well ban Hindu girls from marrying Christian boys and even if they do allow they will not allow the girl or the children from such a marriage to accept Christianity. These people can bring in any legislation. Who will stop them ? The way things are happening today this cannot be ruled out or considered to be an exaggeration or a stretch of the imagination. Wake up guys before things go completely out of hand !

    DisAgree [9] Agree [3] Reply Report Abuse

  • Rathan, Mangalore

    Fri, Aug 25 2017

    Height of ignorance and stupidity
    Modiphobia/BJP has resulted in this stage
    No cure as MODIJI/BJP is to stay here for a long time
    I pity such ppl

    DisAgree [1] Agree [1] Reply Report Abuse

  • Declan, Mumbai

    Fri, Aug 25 2017

    Height of arrogance, ignorance and stupidity
    Congress/Secular/Inclusiveness phobia has resulted in this.
    No cure as Congress and opposition to Modi/BJP/RSS is here to stay.
    I pity such people.

    DisAgree [1] Agree [1] Reply Report Abuse

  • Mahendra Shetty, Mumbai Mangalore

    Thu, Aug 24 2017

    IF UNIFORM CIVIL CODE COMES THE APPEASEMENT POLITICS WILL GO.....

    SO SOME POLITICAL PARTY INCLUDING CHOR PARTY WORRIED.....

    DisAgree [5] Agree [10] Reply Report Abuse

  • Shankar, Mangalore

    Thu, Aug 24 2017

    What is wrong with Uniform Civil Code?
    Hindus and Christians in India do not have any problem with Uniform Civil code. Why are Muslims worried?

    DisAgree [14] Agree [29] Reply Report Abuse

  • Shankar, Mangalore

    Thu, Aug 24 2017

    Why are so called Communists worried?

    DisAgree [11] Agree [17] Reply Report Abuse

  • Hussain, Abu Dhabi

    Thu, Aug 24 2017

    Could you please pen down what are the "Special laws" enjoyed by Muslim community that pricks the sanghis so much ??

    DisAgree [19] Agree [16] Reply Report Abuse

  • Tausif, Mysore

    Thu, Aug 24 2017

    @Shankar: Answer is simple, Islam guides complete way of life right from birth to death.
    So we have complete guide to lead life as per Quranic teachings and exemplary life of Prohet (PBHU) to follow.

    DisAgree [10] Agree [15] Reply Report Abuse

  • Albert, Mangalore

    Thu, Aug 24 2017

    First be Indian ..then Muslim, Hindu or Christian!

    DisAgree [10] Agree [6] Reply Report Abuse

  • Tausif, Mysore

    Fri, Aug 25 2017

    As per me being Indian and beinuslim at se time does not contradict. So stop preaching us what we should be. Better u follow what u preach first.

    DisAgree [1] Agree [6] Report Abuse

  • Dinesh, Dubai

    Thu, Aug 24 2017

    CPI-M first you try to follow real communist path communist are never bother about religious or god any where in the world except Indian communist.

    DisAgree [5] Agree [18] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Thu, Aug 24 2017

    SC has been urging government at the Centre to formulate a Uniform Civil Code and this is exactly the work that is prompted by the SC verdict on triple talaq. UCC must subsume the Sharia, the Hindu law and RC law (relating to annulment of marriage, etc.) and then it will become a very progressive step.












    a

    DisAgree [4] Agree [9] Reply Report Abuse

  • Declan, Mumbai

    Thu, Aug 24 2017

    For law to deliver justice the law needs to be based on EQUALITY and not UNIFORMITY. One size does not fit all just like people having less income pay less tax and those having more income pay more taxes. In a diverse nation where so much of social discrimination still exists and so many cultures, languages and religions exist it is not proper or possible to implement one law for everyone nor is it desirable. Solution is to make laws to ensure equality and make and enforce laws to punish those misusing the laws. Uniform code is not the solution. It will lead to more dissent and discrimination and division of society.

    Another example, can Hindi be made the national language for the whole of India ? You want one law isn't it ?

    UNIFORM CIVIL CODE IS JUST AN EXCUSE FOR LAYING THE GROUNDS FOR ULTIMATELY MAKING INDIA A HINDU RASHTRA BY BJP AND THE RSS AND HAS NOTHING TO DO WITH JUSTICE !!!

    DisAgree [10] Agree [5] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Fri, Aug 25 2017

    Declan,
    I do not think you understand the scope of a Uniform Civil Code. It generally provides for rules relating to marriage and its solemnity, divorce, inheritance, adoption, children's rights, maintenance of spouses and parents in need. UCC is based on equality, not uniformity.

    DisAgree Agree Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Thu, Aug 24 2017

    Drama & Nautanki ...

    DisAgree [9] Agree [9] Reply Report Abuse

  • KRPrabhu, Mangalore /Bangalore

    Thu, Aug 24 2017

    One law one country...no appeasement of religious lines...this is progressive outlook.Why CPM should fear for this..?Even SC advocated Uniform Civil Code....Govt should initiate steps to implement this immediately.

    DisAgree [10] Agree [15] Reply Report Abuse

  • PAM Suvarna, karla

    Thu, Aug 24 2017

    Off course,what is the wrong with one country and one civil code? It unites the nation.
    All these dongis wants to devide it by whatever way possible.

    DisAgree [6] Agree [20] Reply Report Abuse

  • Mahendra Shetty, Mumbai Mangalore

    Thu, Aug 24 2017

    ONE LAW FOR EACH AND EVERY ONE.......WHAT IS THE PROBLEM?

    WE NEED UNIFORM CIVIL CODE AS EARLIEST.......AND MODIJI AND HIS TEAM IS WORKING ON IT......

    DisAgree [23] Agree [24] Reply Report Abuse


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