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The Supreme Court on Monday said there is no connection between religious and personal law in a civilised society and favoured putting in place a common civil code governing all religious communities.
A uniform code will mean common personal and civil laws for all, removing the contradiction based on ideologies.
A three-judge bench, headed by Chief Justice V N Khare, gave the ruling while striking down as unconstitutional Section 118 of the Indian Succession Act which prevents Christians from donating property for religious and charitable purposes.
Mid Day spoke to members of the legal fraternity and people from various communities, for their reactions to the ruling.
It is an attack on Islam. A uniform
civil code should not be implemented. Shariat is a complete law in itself
and covers all aspects of life for Muslims. The implementation of a common
code is like entering someone’s home and changing the furniture without
their consent. It’s completely wrong.
Uzma Nahid
Member of the Muslim Personal Law
Board
A uniform civil code is welcome,
as it will benefit the community on the issue of succession. The community
has deliberated changes in divorce and adoption laws for a long time now.
They have also been sent to the Parliament committee for consideration
and a final decision. But in all a common code won’t make much of a difference.
There will not be many tangible benefits as we already follow a common
code like one marriage and equal sharing of property among heirs.
Dolphi D’souza
Vice-president, Bombay Catholic
Sabha
Why wait for the Supreme Court to
implement a common code? The society and its people should have demanded
it long ago. It is a wise decision to implement a uniform civil code. No
community should feel threatened or insecure over a common code.
Vasant Tambe
RSS member/activist
It is an ideal concept but difficult
to implement. Whose laws will we make uniform? It is easy to talk about
uniformity but very difficult to practice.
Goolam Vahanvati
Advocate General of Maharashtra
There should be no doubt about implementing
it. It will bring about a feeling of equality, irrespective of religious
beliefs. Each community has its own laws and a uniform code for all communities
is the next step. A common code will pertain to matters like property,
matrimony and divorce but will not interfere with religion. Though it may
be hard to swallow initially, it will eventually be accepted.
Shreehari Aney
Senior counsel
The Shiv Sena has always advocated
a uniform civil code. It is a misconception that it is an encroachment
on religious beliefs. The government is scared of implementing a common
code out of fear of losing the minority vote. The Muslims will definitely
oppose the implementation.
Adhik Shirodkar
Senior advocate
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