[Reader-list] Uniform Civil Code

[Rakesh Iyer]

Dear all

I add two things here.

First my apologies towards all those who have felt painful by kind of posts
(from me in any way) if they feel the no. of posts by a user per day should
be restricted. I did not think things would have come to such a stage, but
now that it has, I have decided on my own count not to post more than 3
posts in a day typed by me, irrespective of what the moderator has to say.
(The RTF posts, I exclude as those are newspaper articles and not my views,
and I hope I am excused for the same). This starts from today itself. And
also, I would take care from my own side not to turn discussions on issues
into slanging matches or hara-kiri as one of the members stated.

This is my 1st post for today.

The second thing being the reply to Malik jee's point. The Uniform Civil
Code as I said, must be introduced subject to two important conditions,
which I repeat again:

1) Is there a reason for the Code to be on the Statute as Law? If yes,
what's the reason? And if no, then what are the reasons?

2) Secondly, there should be a public discussions at all levels (gram
panchayat levels, school, colleges, media, all economic classes, women,
mature adults among all possible age-groups etc etc., including on Sarai as
well). From that, obviously a consensus will emerge (for which if required,
a referendum can be carried out as well). Once that is out, we can find out
whether such a Code is considered important by the Indian public as a
'requirement' or not.

I know what I say is not easy. But arbitrarily imposing the Act as a
'top-down' approach is not something I agree with, particularly as this
approach has failed most miserably in the aspect of development (in the
holistic sense). Therefore, we do require an informed public discussion
where all get to put across their views and all voices are heard. And plus
again, grievances can be better addressed through this manner.

As for your argument, since the SC can decide and over-rule judgements based
on Sharia or otherwise, I think it's fit enough and we don't in practice
require the Uniform Civil Code. The Constitution doesn't give a recognition
to Sharia necessarily as a Code of Law to give justice or judgements. (If I
am wrong, please provide information on same account). Therefore, the
problem is not so much the absence of the Code, as the pandering of our
legislature to the fundamentalists and extremists on all directions and
sides.

We need to seriously consider this and guard ourselves against it. Please
therefore, let us have at least a discussion on Sarai. I wish all those who
support the Code express their views, as also those who feel against it.

Regards

Rakesh