Since 1965, the state of Goa has a common civil code, which is applicable to all the citizens including the members of different caste, religion or community. Such a question is expected to arise. Even minor girls are victimized by the act of Polygamy and Nikah halala and certain marriage contracts. The country urgently needs a common law to be implemented in the whole Nation. All the developed countries have implemented a common law for the whole territory. It is necessary to implement best practices of all religions and communities for the best development. It is a pertinent fact that Goa has gotten rid of all the inequalities by establishment of a uniform civil code. Until the code is established, the terms like gender equality and gender justice will only exist in papers and words. The right of equality, rights against discrimination and right to life and libertyguaranteed under various Articlescannot be achieved until the implementation of a common law. Therefore, the same code may be amended and adopted as a Common Civil Code throughout the region of India. Also, the Constitution makers poured their mind and soul in the making the laws . They had outlooked for thesecurity and safety of the nation setting forth the socialist secular principles, which created hopes and aspirations of the people. Therefore, it is the duty of the Government to implement the Uniform Civil Code.
Is it a tyranny over the minority community?
The allies object the concept of UCC stating that it is tyranny over the other communities. The statement is completely denied by Ld. Mushi as this: ” Nowhere in the Muslim countries the personal law of each minority has been considered in order to prevent the implementation of the common civil code. For instance in Turkey Or Egypt, no minority has a separate law and are not permitted to practice their own laws. The khojas and Cutchi Memons were highly dissatisfied by the Sharia Law. They followed the Hindu customs since they had become converts, they didn’t want to agree to the Central Legislature where Muslim members existed who felt Sharia was aneed.
They had to forcefully agree to the central government. In a community to consider the benefits one may acrcue to a common law. The only attempt is to separate the religions from the common legislature of a country.” The religion has nothing to do with the laws of a country where several communities live. Religions must be restricted to the spheres, which legitimately relate to the religion. The rest of the life must be regulated in a way that the nation evolves as early as possible. The first factor to recreate is the national unity.
“We are not merely a nation because we say so, but also in effect, by the way we live, by our personal law, we are strong and consolidated nation. ” The implementation will not be a tyranny over the minors but not implementing it would be much more tyrannous to the majority community.
Categories: Law and Order