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The BJP today called for a nation-wide debate involving political parties and social and religious groups on evolving a uniform civil code in the light of the Supreme Court’s obiter dicta in a recent judgment.
Addressing a press conference here, BJP national President M Venkaiah Naidu said this was the third time the Supreme Court had called upon the government of India to give effect to the directive principle enshrined in Article 44 of the Constitution and evolve a common civil code, the earlier occasions being the 1985 Shah Bano case and the 1995 Sarala Mudgal case.
Criticising the stand of the Congress and Communists that the nation cannot have a common civil code unless the Muslims themselves come forward to accept it, he said, “They want to go by the veto of mullahs and undermine the cause of progressive Muslims.”
He said the late Rajiv Gandhi amended the law after the Supreme Court judgment in the Shah Bano (relating to maintenance of divorced Muslim women) to garner Muslim votes. “What happened subsequently is part of history,” Mr Naidu said.
Mr Naidu said the Congress and other parties were linking this to Muslim security. This was absurd. Muslims living in America, Australia and the UK and other European countries readily accept civil laws applicable to all citizens. Polygamy has been banned in Syria, Indonesia, Morocco, Iran and even Pakistan. Many Islamic countries have codified and reformed Muslim personal law to check its misuse.
He said the Hindu civil code bill
was enacted despite opposition from important people. Urging enlightened
Muslims to view the SC observations in correct perspective, Mr Naidu said
the common civil code “will not be just an amalgamation of various personal
laws, but will be modern and progressive, just and humane”. He said “we
can examine the various personal laws, identify fair and equitable ingredients
in them, prepare a draft code on that basis and throw it open for a national
debate.” “If Goa can have a uniform civil code, why can't the rest of the
country?” he asked. He also cited the observation of Bombay High Court
Chief Justice Shah that Goa code was worth emulation by the rest of India
as “it provides for common ownership of property and equal treatment for
men and women”.
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