The case against the Uniform Civil Code

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How often do we find ourselves trapped into moral ambiguities arguing over an imperative issue and eventually end up being seen as a comrade of the opposite side of the ideological spectrum? Laws which govern or regulate individuals, groups and communities are pivotal of any functioning democracy. It’s the perspective on laws which loosely defines the attitude of the government towards its society; to be precise it represents the perception of the state towards an individual.

Let us have no doubts that making (framing) laws is a tough job in a pluralist sovereign democracy which had got rid of the colonial past and only some of its colonial draconian laws. India, is still dealing with colonial hangover by having loyalty to some of the colonial laws. Like any other republic or democratic nation even we have our problems when it comes to Criminal and Personal laws.



A call for a Uniform Civil Code (UCC) in India has a history which nourished intellectual thinking, political thought, challenged ideological positions and sometimes manifested the aspirations of political parties. The Hindu Code bill defines the personal laws of people who follow Dharmic faiths i.e. Hindus, Buddhists, Jains and Sikhs, and is not applied to the people of Non-Dharmic faiths that being Muslims and Christians. A nation should have one code whether it’s the criminal law or personal law irrespective of religion. But, does the previous statement have any chance to taste its existence in the near future?

Liberals asked for uniform and secular laws. The nationalists demanded for a Uniform Civil Code. Muslim Personal Law board which defines the personal laws for Muslims in India has been against the Uniform Civil Code. Below are some of the reasons which are cited for the need of a UCC.
  • The Shah Bano case is often referred for a UCC.
  • The biased Islamic laws against women are also seen as a reason for the demand for a UCC.
  • One India-One law is also a reason behind the need for a UCC.
Below are some of the reasons for which UCC is rejected.
  • UCC is a conspiracy against minorities to accept the laws of the majority.
  • To impose personal views of the majority on the minorities.
  • UCC will kill the freedom of minority religions to practice their beliefs.
Enough of the boring prologue, let’s focus on the title of the post.

The 498a of the Indian Penal Code (IPC) is one of the draconian laws which has been agreed by the so called civil society and passed by a democratically elected government. 498a failed to achieve what it was intended for and has only managed to harass men and their families as it easily gets exploited by Police and Lawyers where men can hardly get a fair trial.

This organized mafia of Police-Judiciary-498a applicants has compelled many men to commit suicide – the argument by feminists is that all these men who committed suicide cannot be linked with the laws. I agree that all the men may not have committed suicide due to the harassment but I tend to strongly believe that majority of them committed suicide due to the mental agony which the organized mafia was able to perpetuate with its legal shield. If it’s just 10-20 people who committed suicide then it is not worth the attention, if its just 100s-500s – we can term it as some kind of coincidence, if its around 1000s –we can infuse some mathematical theory on statistics and snub it. But, how can one defend the argument in support of 498a when 10000+ have committed suicide? Its not an coincidence, it’s pure brutality of the draconian law which got unleashed.

You might be asking what does UCC has to do with 498a? Well, the strongest supporters for the continuation of 498a is from the feminists who had a crucial role to play in destruction of the society, which they are committed to take it forward by various other bills and provisions. The proposed marriage bill which smells of left liberal excreta and fingerprints of feminists is most likely to be passed in parliament. The marriage bill is another set of draconian provisions which will be applied to the Hindu Code bill where man has almost no rights on his own property or his parent’s property. It doesn't give a damn about fundamental rights, it doesn't care about equality, and it doesn't care about common sense.

Gold digging … Feminists have made sure that all the provisions of the Marriage bill would be intact as they were and do not even give an inch for equal and fair trial. It seems the only motive is to make the other party submit to their financial demands. We have laws where wife can get away with adultery but men will be brutally punished for committing adultery. Man has Testosterone 20 times more that of a woman, but the way law acts is exactly the opposite, I am not asking the law to be lenient on men for adultery but the same standard should be applied to women.

After the Delhi rape incident, the was clarion call for stricter laws and a committee came up with a death penalty for rape – When the demand for making rape gender neutral came forward, it was out rightly rejected by feminists. Yes, men cannot get raped in India, I am not a law expert but I think they can’t get molested or can’t be victim of sexual harassment at work place. Left Liberal fascism and crackpot feminists will try their best for the continuation of these laws.

Some may still feel that I am yet to address the title of this post, so here it is..

Hindu Code bill is filled with draconian and biased laws which convincingly managed to make many suicides and yet we are asking for others to follow these laws? One might argue against this view by quoting the horrific judgments of other laws where a woman is raped by his father in law and eventually personal law board asks the woman to be the husband of the father in law and many such sickening judgments. But, can this line of argument be a justification for UCC?

What if God came and said that Sharia law has to be followed by people for well being of individual, society and earth? Will you agree? (This question is for people who follow Hindu code bill). I presume that your answer would be NO, because laws must be made on rational perspectives in accordance the individual freedom and fundamental rights.

Studies done by many institutes all over the world suggest that majority of Muslims prefer the Sharia law with or without some amendments, but let us for a moment agree that we have managed the hesitant Indian Muslims to agree for UCC, but soon there would be this perception that existing laws can be as draconian as their old laws and it’s much better to go back to their old personal laws – Just think what have we traded by agreeing others to support UCC and later driving them away for its draconian laws?

We have risked the chance of losing the others to get under one umbrella of personal laws and quite possible that there would never be an agreement of any sought on UCC. Asking for others to support the UCC is like saving one from getting raped on a street and giving shelter in your house but on one condition that s/he accepts daily molestation until s/he submits to your demands.

These days it has become a fashion to support the mindless radicals, even educated people have their orgasms while supporting vigilante groups like Gulabi gang etc. when this disease gets amplified you tend to support the 498a, marriage bill and other draconian laws. Many still feel that promise of marriage should be treated as rape. Such laws didn't exist even in the dark ages on this land. Some men support Feminists and pompously endorse bullshit campaigns like “Why India needs Feminism” Do they even know the real and unmasked face of Feminism?

There are people who are against the judgments of Muslim Personal board and their biased laws but they don’t even whimper about the draconian laws which have to be followed by majority of this country- Its because that they are under fear that they would become unpopular or it would be politically wrong to take that view or its not fashionable to have such thoughts in public. Because of such cowards this country will be plagued with biased laws which constantly kicks individual freedom and makes mockery of basic rights.

UCC is a solution for many problems and its ideal to have UCC but not with the existing laws. No sane person would accept or propose a solution which is worse than the problem itself. Let the others be happy with their own biased laws instead of living with others personal laws. People who ask for UCC with existing laws are cowards who don’t have the guts to even think about the truth. Buddhists, Jains and Sikhs should break away from the Hindu Code Bill and should have their own laws. Some might argue to that all dhramic faiths should follow one law, I argue that there is nothing dhramic in the existing laws, and on the contrary they propagate adharma.

If Hindus don’t have the intention or the will to talk about these draconian laws, at least let Buddhists, Jains and Sikhs make their own laws and let Muslims and Christians live in their own world. People who support UCC with existing Hindu Code bill may be under the hallucination that they have some moral superiority but the truth is that the only superiority which they possess is cowardice.

Image Source:http://indianexpress.com/tag/uniform-civil-code/

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