Why The Uniform Civil Code Demand Does Not Cut Much Ice With Muslims Any More?
Debate
On The Implementation Of A Uniform Civil Code Has Been Started After The Rise
Of The BJP On Indian Political Scene
Main
Points:
1. Goa already
has Uniform Civil Code since 1867
2. Muslims of
Goa never raised voice against the UCC.
3. Muslims now
don't care much for the UCC.
4. Laws on
Triple Talaq, Hijab, Marriageable Age have made Muslims passive.
5. All India
Muslim Personal Law Board (AIMPLB) has
become a spent force.
----
By
New Age Islam Staff Writer
28 April
2022
After the
Dhami government of Uttarakhand in India announced that it has formed a panel
to prepare the draft of the Uniform Civil Code, the Uttar Pradesh government
has also expressed its resolve to implement a common civil code in the state.
This has stirred a new debate in the Uniform Civil Code. The debate on the
implementation of a uniform civil code has been started after the rise of the
BJP on Indian political scene though it is not a plan envisaged by the BJP but
mentioned in the Constitution of India in the Article 44 which says that the
State shall endeavour to secure for the citizens a uniform civil code
throughout the territory of India.
Since, the
BJP has made the UCC a political ploy, the minorities, particularly the Muslims
are apprehensive of the motive behind it. They think that in the name of
implementing a uniform civil code, a majoritarian law will be imposed on them
that will jeopardise their existence as a free religious community.
This is the
fear which makes them oppose the idea of a common civil code
But a fact
that has been ignored by the common Indians and particularly the Muslims is
that in Goa, a uniform civil code is already in place since 1867 and after its
independence from Portugal, this uniform civil code has remained functional
through Section 5(1) of the Goa, Daman and Diu Administration Act 1962.
Under the
Uniform Civil Code in Goa the Hindu Marriage Act 1955, Hindu Succession Act
1956 and the Indian Succession Act 1925 or Shariat (Application) Act 1937 are
not in force. Interestingly, the Uniform Civil Code of Goa is based on
Christian teachings. Yet Muslims of Goa or Muslim organisations like the AIMPLB
never objected to it, leave aside demanding its annulment.
The union government
has long been working on its draft and the Law Commission is preparing a draft
for UCC. Indian Muslim organisations like the All India Muslim Personal Law
Board, Jamiat-e-Ulema Hind, Jamat-e-Islami Hind and Indian Muslim League have
opposed the UCC. They argue that India cherishes the idea of Unity in Diversity
not of Unity in uniformity. A Uniform Civil Code will be based on Hindu laws
and will be imposed on Muslims just as the Uniform Civil Code of Goa is based
on Christian Laws.
However, in
recent years, the opposition of Muslims to the UCC has become less vociferous
and has reduced to formal press statements opposing it.
For
example, after the announcement of Uttarakhand government on the UCC, no Muslim
reaction was seen. The Jamiat-e-Ulema Hind and Jamat-e-Islami have not issued a
fresh statement since 2016 and 2018 respectively. The Indian Union Muslim
League have issued a statement opposing it. Only the AIMPLB has been actively
opposing the UCC. Therefore, Muslim opposition to the UCC has been formal and
has no teeth.
As for the
opposition by the AIMPLB, it has lost its credibility among Muslims after it
lost battles for Babri Mosque, Triple Talaq and Hijab and is a spent force. As
for the common Muslims, the fear or concern over the implementation of the UCC
has receded. The reason is that Muslims are faced with survival issues and the
issues of identity become secondary. During the lockdown, the economic
hardships have made Muslims more focussed on survival than on identity issues.
The symbolic fight to save the Babri mosque wielded another blow to him. The
triple talaq and hijab verdicts are to him a step forward towards the UCC. So
he wonders what more can a UCC do to his religious identity. The increasing of
the marriageable age for girls was another step towards an UCC.
The current
wave of Islamophobia in India has made Muslims more concerned about their
livelihood and survival. The calls of economic boycott, mob lynchings and
attacks on mosques have added to their problems. The Covid-19 is another factor
that has contributed to his pessimism.
These are
the factors that have made Muslims passive over the UCC and they do not see it
as a greater threat. They see that the triple talaq law has not made much
difference to their lives. The increased marriageable age of girls is not an
issue only for Muslims but for all the communities living in India. Child
marriage is more prevalent in Hindus. The laws on the use of loudspeakers in
places of worship will apply to Hindus as well and azan without loudspeakers
does not mean a ban on azan. Its only that the Muslims will have to go back to
the old days of azan without loudspeakers.
This is the
reason that Muslims now don't show any strong opposition to or fear of the UCC.
It is also
noted that other minorities or ethnic communities of India do not express their
opposition to the UCC as vociferously as Muslims. The Muslims seem to be
suffering from a fear psychosis. The AIMPLB says that not only the Muslims but
other religious minorities too have objections to it. If this is true, why
other religious minorities dont join it in this fight. Who has made the AIMPLB
the representative or spokesperson of all the religious minorities?.
Now
Himachal Pradesh has also joined the UCC bogey but the JDU in Bihar has
strongly opposed its ally BJP's call to implement the UCC in Bihar.
Actually,
the implementation of the UCC in a diverse religious and ethnic society of
India will be a big challenge and preparing a draft that can be acceptable to
all the communities and tribes will be very difficult for the government. It
will open a Pandora's box when implemented. Therefore, the fear of the Muslims
that it will affect only them is unfounded. Despite the recommendation for the
UCC in the Constitution, it could not be implemented because of the diversity
of the Indian culture. Instead of raising a hue and cry, Muslims should wait
and watch.
URL: https://newageislam.com/islamic-society/uniform-civil-code-muslims/d/126882