National laws are subject to deliver with equity and equality. any discrimination by laws which is derogatory to an individual’s dignity and human right is not only considered as inefficiency of law but it also questions maturity and prospective of law makers. for a democratic legislature, laws should be seen from two aspects. One is constitutionality of law and another is public consent to the law for whom it is being made.
Without constitutional validity of law, it holds no water before court of justice and without public consent, it’s(i.e laws) successful implementation is not feasible. and sometimes forceful implementation not only leads to public uproar but also detour the value of democracy and justice in the eyes of common masses.
The ongoing debate on uniform civil code (UCC) and triple talak (TT) needs both the above mentioned aspects. The foremost thing which an independent nation promises to it’s citizen is equality to all without any discrimination. The theory of equality broadly says that equality with equals without any ill will. When it comes to equality with women our Constitution made no difference but the society where the law was to be induced made all sorts of difference which it could.
The issue of triple talak is neither the business of religious leadership nor of political leadership. The only party in this case is Muslim women, their dignity and human right. Holding contrary view regarding abolition of TT is nothing but feudal and patriarchal mentality of religious leadership and tight lips of political leadership on the issue shows how immature and self-centered they’re that they can’t even protect dignity and human right of women. Comparing the TT with plight of women in the other section of society is like making fun of entire women community.
If it is about protection of women Right, UCC is much needed. None of the religions can be above women’s dignity and those who said it will not improve plight of women must know that reformation is a process and no one can deny this truth that women in Muslim community are least independent than any other.
Considering that UCC is being used as a tool against specific community under the umbrella of TT needs reconsideration. TT is a gender discrimination issue which needs immediate solution. As far as UCC is concerned, the government must come with draft, made only after common consent of government and opposition along with states node which none but the government initiated in last seven decade.
We have diverse identity. Not different single law for everyone will counter the principle of equality with equals and social equity will not be attained but at the same time having two sets of law in a nation will also question the uniformity of law. Seven decades of Independence had passed but we still don’t have uniform law for entire nation. It puts a question mark on our political excellency. Needy and deprived section needs extra care, their demands in all respects should be considered without making any social and gender based discrimination.
There is no doubt that political parties are trying their best to take advantage of UCC in order to shape their vote bank, after all, this is theirs actual business. Hence they will politicize it as much as they can. But in this vote bank game, women’s dignity shouldn’t be undermined. Rest of the things are meant for politics. UCC is going to bring no mile stone change. In nation things will remain almost same. Goa is burning example of it. Yes, it’s political consequences can be easily noticed. But being optimistic fruit of UCC is eagerly awaited and it will be the test of time.
We may stand with UCC, we may not as well. It’s our choice but please stand with Shyara bano and decode this age old code TALAK TALAK TALAK.
By Diwakar Jha