[Reader-list] Uniform Civil Code

[A.K. Malik]

Hi Rakesh,  
           I got a torn out cutting of 2004 from HT, some of the cases wherein Supreme Court of India advised the Govt of India to enact a Commom Civil Law made for going in for Uniform Civil Code:
1.Well known Shah Bano case directed Shah Bano's husband to pay alimony to his divorced wife.This was subsequently nullified by another enactment by the Govt under Muslim pressure. 

2. Sarla Mudgal Case-Sarla's husband wanted to marry another lady but Sarla Mudgal was not prepared to give a divorce.The Husband straightway embraced Islam and married the desired lady(to avoid the penalty for polygamy under Hindu Marriage Law).The Court declared the marriage illegal.

3.A Muslim landlord who, to save his surplus land from the restrictions of the Land Ceiling Act, divorced his wife.The SC dismissed the talaq as fraudulent and legally void.

4.This case related to a Christian Priest in Kerala, who wanted to donate his ancestral property for a charitable cause even when the next of his kin was living-which was prohibited by the Christian Personal Law.

        Art 44 of the Constitution of India states" The State SHALL endeavour to secure for the citizens a uniform civil code throughout the territory of India." Mind the word used is "shall" and not "may". Article 44 comes under Directive Principles of State Policy and are not justiciable.
It further says that Goa has a common civil law for all its citizens and has not dented the religious identities.Muslims in Goa have not ceased to be Muslims, the apprehension under which the Central Govt under pressure from the minority has not gone in for the Uniform Civil Code for the entire country.
To the best of my knowledge, even in Muslim dominated country like Turkey Sharia is not followed.
Regards,

(A.K.MALIK)