Uniform Civil Code: Will It Work In India ?

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ghulam muhammed
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Uniform Civil Code: Will It Work In India ?

#1

Unread post by ghulam muhammed » Tue Dec 09, 2014 6:07 pm

Uniform civil code: will it work in India?

It needs to be asked if it is possible or practicable to reconcile divergent laws and formulate a uniform or common code acceptable to all the communities

Article 44 of the Constitution — which talks of a uniform civil code for all Indians — was the subject of a recent debate in Chennai.

The main argument of those who spoke in favour of such a code was that it has the potential to unite India because Hindus and Muslims had followed the “common customary Hindu civil code” smoothly till 1937 when “the Muslim League-British combine” divided them by imposing sharia on Muslims through the Muslim Personal Law (Shariat) Application Act.

But only a minuscule minority of Muslims followed Hindu customs before 1937. Even this section had the right under laws such as the Cutchi Memons Act, 1920 and the Mahomedan Inheritance Act (II of 1897) to opt for “Mahomedan Law”. As for a majority of Muslims, there is enough evidence to show they followed Muslim law, not the Hindu civil code.

India already has an optional civil code in the form of the Special Marriages Act, 1954. This, read with similar Acts such as the Indian Succession Act, 1925, provides a good legal framework for all matters of marriage, divorce, maintenance and succession for those who may wish to avoid the religion-based laws.

READ FULL ARTICLE :-

http://www.thehindu.com/opinion/open-pa ... 625409.ece

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Re: Uniform Civil Code: Will It Work In India ?

#2

Unread post by ghulam muhammed » Tue Aug 23, 2016 6:43 pm

‘Dalit issue can bring down BJP … laws haven’t caused Hindu gender equity … i support dowry – and oppose triple talaq ban’

Flavia Agnes is a lawyer and activist defending women’s rights. Founder of the Majlis centre, Agnes recently delivered the Durgabai Deshmukh lecture on Hindu code, organised by the Council for Social Development. Speaking with Akshaya Mukul, Agnes discussed rising attacks on Dalits and women, why she thinks legal reforms alone don’t work for gender equity, why she supports dowry – and not a legal ban on triple talaq:

What do you have to say about a BJP leader’s recent attack on Mayawati?

Well, the Dalit issue is rising in this country – no other issue will bring down the BJP government more than the Dalit issue.

Gujarat is burning, they are attacking Mayawati in UP and in Mumbai, a young boy gets killed for falling in love with a girl of a slightly higher caste.

The more BJP does this, the more it will alienate people and lose power.

Speaking of relationships, has codified Hindu law changed gender relationships?

Legal reform happens in a context. In the case of Hindu codified law, the plank was reform for Hindus. In 1950, in Article 44 of the constitution called for a uniform civil code and Article 14 talked of no discrimination – five years later, it passed a law for Hindus.

Isn’t it a violation? Why only for Hindus?

It happened because upper-caste Hindu women were lagging far behind Muslim, Christians and even backward Hindu women – upper-caste Hindu women had no right to property as daughters.

The second reason was changing gender relations and empowering Hindu women.

But there was a political agenda. Partition had happened – the government knew that if it rakes up anything else, the country itself would not survive. So, Muslims and Christians were left and the government thought personal law for Hindus has to be done immediately.

To do this, they cast the net of legal Hinduism wide and said anyone born in India who is not a Muslim, Christian, Parsi or Jew is a Hindu. The state got the right to legislate on a large number of people.

What is the essential ceremony of a valid marriage? Kanyadaan and saptapadi. What is kanyadan? It is giving away. Once she is given away, a daughter by tradition is no longer a member of the family. She has no right to come back.
My question is – has codified Hindu law changed gender relationships to the extent that a uniform civil code can be built on its edifice?

So, you argue time is not right for a uniform civil code?

Yes. Let me give you examples of child marriage that Hindu society is not supposed to have. Latest statistics shows 12 million children under 10 are married – 84% are Hindus.

So, can we say that Hindu law and this particular legislation, banning child marriage, changed gender relationships? Muslims have no law – but hardly any child marriage is taking place.


Now let’s take dowry. Do you think dowry has stopped because you brought in laws? Let me give you a shocker – i am not against dowry at all because in Hindu society, a daughter gets nothing after the father dies. Even where something is given to a daughter, it’s given to her in-laws or the son-in-law.

But what about cases where there is persistent demand and ensuing violence?

Why do people marry their daughter into such a family?

More and more women are dying, getting burnt or killed because parents are refusing to keep their daughters. Shouldn’t laws be changed for that? With what arrogance are we saying that Hindu law is reformed – and we have to extend the reform?

But you’re also opposing a ban on triple talaq. Why?

Supreme Court invalidated instant triple talaq in 2002 in the Shamim Ara case. In Danial Latifi vs Union of India case on Muslim Women’s Act, the SC heard nearly 30 petitions. NCW and many women organisations intervened. The other half of petitioners were husbands in appeal.

If the law was in favour of husbands, why did they come to the SC?

Many courts were giving lump sum maintenance to women as per this law. The SC upheld the validity of this.
But courts cannot ban anything – the legislature can. If you ban talaq which a community does not want, you make the community a martyr – you’ll make the Muslim Board a martyr.

http://blogs.timesofindia.indiatimes.co ... aign=TOIHP

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Re: Uniform Civil Code: Will It Work In India ?

#3

Unread post by ghulam muhammed » Wed Aug 24, 2016 7:17 pm

Of late, the mask is off and the BJP stands exposed. We have been hearing "rumours" in Muslim circles that Bharatiya Muslim Mahila Andolan (BMMA) took birth with the tacit support of BJP, that both BJP and BMMA are on the same platform, are hand in glove and helping each other. We don’t know whether the rumours are true or not but we have examples of Sikandar Bakht before, Najma Hepthallah, Abbas Naqvi and Shahnawaz Hussain next, and M J Akbar cozying up with BJP most recently.

It looks ridiculous that those who don’t believe in Constitution in its entirety, don’t believe in socialism and secularism (the essential ingredients of a democracy), are now talking of nation’s secular fabric. The talk over Uniform Civil Code might wait and need not be raked up right just before UP’s ensuing elections. It also looks absurd that those who fed themselves on discrimination and polarization of people and voters vertically on the lines of religion, and those who feel shy of talking about the genocide, "killing of thousands of Muslims like dogs, rats and ants", indiscriminate raping of Muslim women, "burning of 69 Muslims alive" in Gulberg Society episode, displacing thousands of Muslims in the 2002 post-Godhra Gujarat pogrom, and later the communal riots in Muzaffarnagar, are now talking of gender discrimination.

WHERE were the Gandhian, Anna Hazare, BJP leaders who are now talking of gender equality, the votaries of Human Rights, the civil rights activists, founders of BMMA (Noorjehan Safia Niaz and Zakia Soman), All India Democratic Women’s Forum (AIDWA), National Commission for Women (NCW) and other such Societies for Women’s Protection, when Gujarat and Muzaffarnagar were burning? When Nirbhaya was raped and killed, the whole country rose to the occasion (and rightly so), but sleep eternally and sonorously when minorities are killed and butchered, and several Nirbhayas meet the same fate.

Today, it is anybody's guess as to who is supporting BMMA. Even a child can understand the conspiracy played by
BJP now and then. There is more danger to Muslims from Muslims themselves and much much less by others. We have no dearth of enemies of Muslims among Muslims themselves – up in our sleeves, at arm’s length or next door.

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Re: Uniform Civil Code: Will It Work In India ?

#4

Unread post by ghulam muhammed » Sun Sep 04, 2016 5:53 pm

Muslim Law Board: Courts can't interfere in personal law

Personal laws can't be challenged as that would be a violation of the fundamental rights guaranteed by the Constitution, said the All India Muslim Personal Law Board on Friday in a reply to the Supreme Court on the issue of triple talaq, ANI reported.

The board also said personal laws, which are based on the scriptures and customs of each major religious community in India, can't be rewritten in the name of social reform and that the courts can't interfere in them.

"Courts can't supplant their own interpretations," the Muslim Personal Law Board said.

Last year, the Supreme Court, of its own accord and not based on any petition, began to examine the effect of 'triple talaq' on Muslim women's rights. Many women complain that triple talaq is abused by Muslim men to arbitrarily get a divorce.

The Board also said today that Article 44 of the non-binding directive principles is not enforceable by virtue of the fact that it's a directive. Article 44 says that the state shall endeavour to secure for citizens a uniform civil code throughout the territory of India.

SC has open mind

At the last hearing in the Supreme Court in June, the Board said there has already been a court ruling which barred courts from examining the validity of personal law practices.

At the time, senior advocate Indira Jaising, who appeared for two NGOs, said the Board was referring to a very old judgement given by the first Indian chief justice of the Bombay High Court.

The Supreme Court bench then said it had an open mind on the issue.

"If the issue - whether the court can test the validity of a personal law practice - requires reconsideration, we might refer the matter to a larger bench. But, let us first examine what is the scope of the court's adjudication power in this context," it said.

Since the top court began to examine the matter, Saira Banu, a victim of the practice, as well as many Muslim women 's organisations have jumped into the fray to question its validity. The Supreme Court has permitted a host of people, NGOs and women's organisations, including the Mumbai-based Centre for Study of Society and Secularism and the Bebaak Collective to become parties in the pending proceedings.

http://timesofindia.indiatimes.com/indi ... 977379.cms

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Re: Uniform Civil Code: Will It Work In India ?

#5

Unread post by ghulam muhammed » Sat Oct 15, 2016 6:17 pm

Law Commission releases questionnaire on Uniform civil code

Forget the UCC! Just answer the questionnaire! These are the same people who marched in 1985 against the Shah Bano decision of the SC.


AIMIM to respond to questionnaire on civil code

Stating that Uniform Civil Code is not good for the country, AIMIM chief Asaduddin Owaisi on Thursday said his party would nevertheless reply to the Law Commission's questionnaire.

Owaisi said that while he respects the decision of the All India Muslim Personal Law Board to boycott the questionnaire, the All India Majlis-e-Ittehadul Muslimeen (AIMIM) as a political party had decided to respond to the questionnaire.

The Hyderabad MP, who is also a member of the board, said the AIMIM took the decision despite the questionnaire being heavily loaded in favour of Uniform Civil Code.

Talking to reporters, Owaisi reiterated that Uniform Civil Code was not good for diversity and pluralism of this country.

He said that in a country with different religions, cultures and languages, a Uniform Civil Code will not help.

"Can there be an agreement on inheritance according to Mitakshara and Dayabhaga schools? Can we take away cultural rights which Constitution has given to Nagaland and Mizoram?" he asked.

"Every community or caste in India whether it is Hindu, Muslim, Dalit, tribal Christian or Sikh has its own culture. This country celebrates the diversity of culture and religion.

"Those who want to impose Uniform Civil Code are deliberately not understanding the beauty of pluralism. You cannot impose one culture one language on the country," he said.

He also wondered why Muslims were being denied Hindu undivided family tax rebate and asked if this was not gross violation of right to equality and right to freedom of religion.

Owaisi said the government wants polarization through efforts to impose Uniform Civil Code. He alleged that it also wants to divert people's attention from its failures on all fronts.

He hoped that other communities would also understand that this was the real agenda of the government and not development or revival of the economy.

"Surveys show 84 percent Hindu girls who marry are in the age group of 10-16 years but they don't want to talk about this. They just want to blame Muslims and do polarization," Owaisi said.

The MP wanted to know why the government was focusing on one directive principle and not another which says that there should be a law banning alcohol.

"There is empirical evidence that more than one lakh people are dying every year under influence of alcohol."

He said the government had completely failed to revive the economy.

"The industrial output is negative. The last five years have seen highest unemployment. The dollar has touched Rs 70. In the recent auction of spectrum, the government had set a target of Rs 5.5 lakh crore but got only Rs.5,000 odd crore. These are the questions which nobody asks."

http://twocircles.net/2016oct13/1476364 ... AKpffl97IV

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Re: Uniform Civil Code: Will It Work In India ?

#6

Unread post by ghulam muhammed » Sun Oct 16, 2016 4:06 pm

Imposing Sangh's Hindu Rashtra agenda in name of UCC dangerous: NCP

"The way the Modi government is imposing the Uniform Civil Code, it is the Sangh's agenda for a Hindu Rashtra. This is a secular country and the Constitution of India guarantees every individual the Right to Religion and, if the government wants to impose the Sangh's agenda, it is very dangerous for a secular India," NCP leader Nawab Malik told ANI.

"Islamic laws don't have anything which is against Muslim women; may be people are not abiding by Islamic laws, which can be discussed. But the way, the BJP wants to impose the Sangh's agenda in this country is very dangerous. They are dealing with their personal matters under their own laws and if the government wants to impose the Sangh's agenda, it is very dangerous for secular India," warned Malik.

https://in.news.yahoo.com/imposing-sang ... 13108.html

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Re: Uniform Civil Code: Will It Work In India ?

#7

Unread post by ghulam muhammed » Sun Oct 16, 2016 4:14 pm

Muslim personal law: Get a just code, not uniform code

Even all Hindus in the country are not governed by one law. Marriage among close relatives is prohibited in the north but is permitted in the south. It is also true for the Muslims and Christians. The Constitution protects the local customs of Nagaland. Similar protection is enjoyed by the people in Meghalaya and Mizoram. Let us take Goa, as an example. It is repeatedly mentioned that Goa has a UCC. But then the Hindus of Goa are still governed by the Portuguese family and succession laws. The reformed Hindu law of 1955-56 is not applicable to them. Unreformed Shastric Hindu law on marriage, divorce, adoption and joint family is very much valid. The same is true for the Goan Muslims because the Shariat Act of 1937 has not been extended to Goa. Thus, they are governed by Portuguese law as well as Shastric Hindu law and not by Muslim personal law. It is shocking to note that the Special Marriage Act, which is a sort of a progressive civil code, has also not been extended to Goa. Even in Jammu and Kashmir, local Hindu law statutes differ from central enactments. The Shariat Act of 1937 is not applicable to Jammu and Kashmir either, and thus the Muslims continue to be governed by customary law, which, in many ways, is at variance with Muslim personal law.

http://www.hindustantimes.com/analysis/ ... 8hMyO.html

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Re: Uniform Civil Code: Will It Work In India ?

#8

Unread post by ghulam muhammed » Sun Oct 16, 2016 5:28 pm

Sign this petition to vote against Uniform Civil Code in India

http://www.siasat.com/news/sign-petitio ... a-1040962/

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Re: Uniform Civil Code: Will It Work In India ?

#9

Unread post by ghulam muhammed » Mon Oct 17, 2016 5:36 pm

Hindutva, Polygamy And Triple Talaq

India is today under a party with an ideology, which is called Hindutva. This ideology has three demands: The abolishing of Article 370 of India's constitution, the construction of the Ram Janmabhoomi temple at Ayodhya and the enforcement of a Uniform Civil Code.

All the three issues require something from the minority communities. Article 370 requires Kashmir's Muslim majority to give up their constitutional autonomy, the temple requires Muslims to give up their mosque, and the Uniform Civil Code requires them to give up their personal law.


For this reason it is possible to view these demands as being negative and the product of a majoritarian impulse, rather than positive. I mean that they appear to be not as well-intended as those demanding the changes make it appear. This is validated by what happened to the temple movement once the mosque had been torn down by Hindutva. The movement collapsed because it was more negative, meaning against the mosque, than positive, meaning in favour of the temple.

In the matter of Article 370 there are many legal issues that prevent full integration of Jammu and Kashmir, but the intent of the ruling ideology can perhaps be glimpsed at by the state of Kashmir today. The current episode of national pride over action against Pakistan has dominated events in the valley. But sooner or later we will be forced to take a look at how to manage the situtation there.

The Uniform Civil Code is currently gathering momentum and this is happening in two phases. The first is action against triple talaq, which the All India Muslim Personal Law Board, dominated by men, wants to retain. Triple talaq is a quick divorce option for men which many Muslim nations, including Pakistan, do not permit. The government wants to make it illegal and the courts are on its side.

Should this happen, we should get ready for a number of arrests. The second issue is the matter of polygamy, which is where the real interest of Hindutva lies. It is felt that polygamy is the instrument through which Muslims reproduce faster than Hindus and at some point will become a majority. The incidence of polygamy is actually higher among Hindus than Muslims according to the data, but the perception is powerful enough to drive this demand for the Uniform Civil Code.

The historian Ramachandra Guha wrote a few days ago about why liberals and leftists (I think he meant communists but I could be wrong) should support the Uniform Civil Code and oppose polygamy. He classified their opposition to the Hindutva demand as being one of these seven things:

1. The reforms of Hindu personal law in the 1950s were not as progressive as they are made out to be.
2. The customary laws and practices of the Hindus today are often very reactionary, as for example in the khap panchayats.
3. The unreformed Muslim personal laws are not as reactionary as made out to be, and sometimes or often give women reasonable rights.
4. The customary practices of Muslims are also not as bad as claimed; thus Muslim polygamy does not discriminate against second or third wives in the manner that Hindu polygamy does or did.
5. The demand for a uniform civil code is motivated by the political agenda of the BJP.
6. Article 44 of the Constitution, asking for a Uniform Civil Code, clashes with Article 25, assuring the freedom to propagate religion.
7. There are many other Articles of the Constitution that remain unfulfilled; why then harp on this one?

However, Guha misses out one thing and in my opinion the major reason why some liberals (meaning those who push for the rights of individuals) oppose this reform. That it is the right of the woman, or the man, to become a second wife or a second husband (polyandry is practiced in some communities in India). It is true that a poll shows that 90% of Muslim women oppose polygamy but then 90% of Muslim women also live in monogamous marriages. It would be interesting to see the data on how those inside polygamous marriages view the practice.

Guha says polygamy is an "abhorrent practice," which must be "abolished at once". This is in my opinion a moral judgment. The Indian law and successive governments have said the same thing about homosexuality. But the liberal will stand for the individual's rights in that instance also. My guess is, having said all this, the momentum has shifted on the issue. Triple talaq and polygamy are likely to be the next ground on which Hindutva will assert itself. And, as with other issues where this has happened, we must anticipate trouble.

http://www.outlookindia.com/website/sto ... laq/297286

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Re: Uniform Civil Code: Will It Work In India ?

#10

Unread post by ghulam muhammed » Tue Oct 18, 2016 6:23 pm

A must watch interview (from NDTV Hindi) on Muslim law

http://www.hindiustad.com/2016/10/NDTV- ... vorce.html

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Re: Uniform Civil Code: Will It Work In India ?

#11

Unread post by ghulam muhammed » Sun Oct 23, 2016 6:14 pm

EVEN NON-MUSLIMS ARE OPPOSED TO THE UNIFORM CIVIL CODE.

Tribal rights group moves SC against Uniform Civil Code

The group, which claimed to be representing interests of 11 crore tribals, has stated that any direction to impose the Uniform Civil Code would adversely affect their distinct customs, culture and heritage.

The Rashtriya Adivasi Ekta Parishad, a group that claims to work to protect Adivasi interests, has moved the Supreme Court seeking protection of their customs and religious practices, including their right to practice polygamy and polyandry.

The group, which claimed to be representing interests of 11 crore tribals, has stated that any direction to impose the Uniform Civil Code would adversely affect their distinct customs, culture and heritage.

The NGO claimed the Adivasis (tribals) had their own personal laws and do not come in the category of Hindus as they worshiped nature instead of idols and performed burial of the dead. The marriage ceremonies of tribals are also different from the Hindu rituals, it submitted.

“In case of Uniform Civil Code, the Advasi’s right to perform marriage, worship, last rites and other ceremonies would be abrogated,” said the NGO, seeking to be heard along with others in a batch of cases that have questioned the validity of triple talaq and polygamy in Muslim community.

It highlighted that polygamy is practiced among the Naga tribes, the Gonds, the Baiga, the Lushai among others, while polyandry is prevalent in the Himalayan region stretching from Kashmir to Assam. In its classical form, it is found among the Tiyan, the Toda, the Rota, the Khasa and the Ladhaki Bota, it pointed out.

Likewise, the group said the dissolution of marriage and divorce are easily possible among the tribals on various grounds by a simple ceremony.

The tribals can marry more than one woman and the bar imposed under the Hindu Marriage Act, 1955 does not apply on them, it said. The Delhi-based group, which claimed to be working for the betterment of tribals for over 25 years, also submitted that as per Article 44 of the Constitution, Uniform Civil Code is to be secured by the state and not court.

The group also cited various constitutional provisions giving protection to the ST from various parts of the country.

http://indianexpress.com/article/india/ ... e-3094151/

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Re: Uniform Civil Code: Will It Work In India ?

#12

Unread post by qutub_mamajiwala » Mon Oct 31, 2016 6:06 am

http://www.hindustantimes.com/columns/w ... 0A9VK.html

From time to time, the demand for a common civil code is renewed. This happened 30 years ago, at the time of the Shah Bano case, and it is now happening again in response to the case of Shayara Bano, who appealed to the Supreme Court to have the pernicious practice of ‘triple talaq’ abolished.
This fresh debate on a common civil code has brought forth a torrent of commentary in the liberal and left-wing press. Virtually all of it, to my surprise (not to say shock), has been against the idea that, in our Republic, the same laws must apply to all citizens regardless of caste, community, class or gender. There have been several articles attacking a common civil code in the widely read websites Scroll and The Wire, as well as in the staid and respected Economic and Political Weekly.

From reading this flood of articles, one can identify seven arguments that Indian leftists offer in opposition to a common civil code:
1) The reforms of Hindu personal law in the 1950s were not as progressive as they are made out to be, since they were tainted by Brahmanical rituals and prejudices;
2) The customary laws and practices of the Hindus today are often very reactionary, as for example in the khap panchayats;
3) The unreformed Muslim personal laws are not as reactionary as made out to be, and sometimes or often give women reasonable rights;
4) The customary practices of Muslims are also not as bad as claimed; thus Muslim polygamy does not discriminate against second or third wives in the manner that Hindu polygamy does or did;
5) The demand for a uniform civil code is motivated by the political agenda of the BJP (and by their desire to win the Uttar Pradesh assembly election, in particular);
6) Article 44 of the Constitution, asking for a Uniform Civil Code, clashes with Article 25, assuring the freedom to propagate religion;
7) There are many other Articles of the Constitution that remain unfulfilled; why then harp on this one?
Those making these claims would consider themselves liberals, if not leftists. What is striking in these apologias is the note of defensiveness. For instance, the personal law reforms of the 1950s gave Hindu women, for the first time, the right to choose their marriage partners (regardless of caste), to divorce a brutal husband, and to inherit ancestral property. If these laws remain imperfect, surely one must work to improve them further, rather than disparage them?
Likewise, even if Muslim personal law is not as awful as charged, surely both polygamy and triple talaq are repugnant practices, which must be abolished at once? And just because the RSS or the BJP supports a policy, does that make it wrong? I myself know Hindu patriarchs who support a uniform civil code purely out of spitefulness; they are angered by privileges that Muslim men still have (such as the taking of multiple wives), but which Ambedkar and Nehru took away from them.

The task, indeed duty, of progressive thinkers is to go beyond both political expediency and religious prejudice, and support a right policy for the right reasons. They must analyse, and articulate, the ethical principles behind the search for a civil code that does not discriminate between individual citizens on the basis of caste, community, religion, or gender.
No one has ever claimed that a common civil code is a magic wand that will make discrimination against women disappear overnight. But it is a necessary first step towards the creation of a Republic whose citizens are equal before the law. This common code must draw not on ‘Hindu’ or ‘Muslim’ ideas, but on the fundamental principles of individual dignity and gender equality. Legal scholars beyond party lines — and of all religious affiliations or none — must be involved in its framing. And the law itself needs to be complemented by the steady, patient, work of grassroots social reform. For one can and must advocate a common civil code and work for the abolition of caste panchayats at the same time.
In my opinion, left-wing intellectuals who oppose a common civil code disavow the progressive heritage of socialist and feminist movements in India and across the world. They are — whether they sense it or not — apologists for the status quo, whose tortured and convoluted arguments only serve the interests of Muslim patriarchs and the Islamic clergy.

http://www.hindustantimes.com/columns/w ... 0A9VK.html

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Re: Uniform Civil Code: Will It Work In India ?

#13

Unread post by qutub_mamajiwala » Wed Nov 30, 2016 6:59 am

Universal Bill of Rights for the Indian Citizen - Ubric FINALpdfversion.pdf
draft law for UCC
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