Essay on the necessity for a common code in India

In some countries women are discriminated. India, most probably tops in this respect. Christian women Common laws for all’ is the touchstone of a modern secular democratic nation. In almost all progressive countries all the people enjoy the same political and economic rights. All can cast votes. All have the same rights of profession for their economic development. It is rather strange that people don’t enjoy the same quality in social and personal affairs.

In some countries women are discriminated. India, most probably tops in this respect. Christian women, in India, feel that the grounds on which they can seek divorce are very limited. The laws of inheritance are different in different communities.

In the seventies educated young men in Dawoodi Vohra community revolted against the tyranny of their religious head. There were a number of issues on which some young men of the community went to the judiciary. Some friends in other communities i.e. Hindus and Christians wanted to be a party to the case. Strange enough the High Court did not allow it.

The communities having a different set of personal laws could not fight against the tyranny unitedly. As the court could not change the personal laws the injustice to Vohra young men continued and still continues. A common code is its only solution.

Young Muslim girls, specially in the Hyderabad region are, most probably, the worst sufferers. They are married to quite elderly foreigners from Arab countries while they are in their early teens. Ameena a young girl was married to a Sheikh who could rather be her grandfather. The girl was saved by an Air India hostess. Again a sixteen year Kaneez got herself free from the clutches of an Arab who had purchased her from the parents by paying Rs. 20,000.

The marriages, laws of inheritance and many other things among Muslims are not guided by any common law of this so called secular country. There is a large number of Imams who solemnize these marriages. A very prestigious daily wrote in its editorial that Ameena & Kaneez cases are just a tip of the iceberg. Such marriages are solemnized every day and they are never reported. The poor parents feel their daughter would lead a life of prosperity. Poor girl has no say in the affair.

The case of Kaneez created much furore in the society. The Waqf Board was approached. It too was helpless as there is no reference to age limit in the Shariat. It means a girl can be married at any age to a person of any age. The Indian laws do not come to the rescue of the girl. Only common code can do away with this evil.

Shah Bano case of 1985 is still fresh in the memory of those who consider the method of divorce among Muslims an injustice to women. She was divorced in the court premises by her husband an advocate 43 years after being married. Strictures were passed by the Supreme Court against the Parliament for not enacting a common code. The Parliament did not pay any attention to enacting a law in this respect.

On the contrary Rajiv Gandhi, the then Prime Minister got Muslim Women’s Act passed in the Parliament. Mr. Arif Mohammad Khan a minister fought against the law that sealed the fate of Muslim women as wished by the fundamentalists. The poor Minister had no option but to resign from the cabinet. The law was passed sealing the fate of eight Crore Muslim women in this country. Had there been a common law they could have been saved from this humiliation.

This was not the only betrayal to the cause of women. Shahabuddin, secretary of Janta Party demanded Shariat courts for Muslims. It means that Muslims would never be a part of the common secular traditions of the country. It may create an atmosphere akin to the one in the forties that was responsible for the partition of the country in 1946-47.

The absence of a common code leads to acrimony between different communities. It results in disunity among the people that would lead to a permanent gulf. It would affect the secular fabric of the nation.

In the absence of a common code the tribal women do not enjoy those rights that are enjoyed by other Hindu groups in the country. The inheritance law has no meaning for them. If divorced, they are not looked after by any one.

The absence of common laws is responsible for the isolation of Hindu Pandits in Jammu and Kashmir. The Kashmiris have an ancient culture. But they are deprived of it and are in the clutches of IS1 and other Muslim outfits inside and outside the country. In the absence of a common secular personal code Muslim fundamentalism does not allow the Indian Muslims to come out of their shell. A large number remains under the guidance of religious heads not simply of this country but of others too. They, like the Christians in North Eastern region are guided not by secular forces but by their religious preachers. The result in that there is a secessionist movement in non Hindu regions like Kashmir valley, Nagaland, Manipur and even Punjab to a great extent.

Only common laws for all including common personal laws can save the country from further disintegration.