Can there be another division of India on religious lines?

The past is passed and the present is present. In my view, Modi is missing a great chance to have a date with history, by idling away on Kashmir and Article 370.He suffers from election syndrome and like Congress is cultivating vote banks. What interpretation one can give to his action of buckling to Jat and Patel agitation?. I am afraid this will be bad for history. Secondly, I feel Muslims will at some stage press for another division ( maybe 50-60 years) hence. They have no say in governance.Despite a population percentage of 15, they have just 5-6 MPs.

Here Nehru and congress are blamed for not bringing so called uniform civil code. In fact, there appears some sort of consensus.  The current political outfit also has no intention to bring the so called common civil code. The fact remains that even Sikhs want separate code.  India is a multi religious multi culture and multi linguists country. So there cannot be common personal law for all throughout the country. There is already common law on business, crime, civil law. However even here, states have also concurrent power and so many provisions of even criminal law procedure are not same everywhere. For example, in some states you don't have provision for anticipatory bail unlike others. Then you have separate law- namely Armed forces special Powers act in J & K and some other states. So there is not common law even in criminal and defence matters.  In order to bring common civil law, will there be support for removing armed Forces special powers from J & K and some other states in North East. Even in budgetary matters, there is no common law. The sale tax/ vat rates differ among states.

In all fairness, we should understand that we are a federal or quasi federal state and so cannot have common legal provisions in all matters- particularly those relating to marriage, divorce, succession.  

Which problems will UCC solve? May be indicated.

well India is a very sensible and emotional country any words in small fights also,goes upon religions and cause a chaos in the society 

vijay wrote:

Which problems will UCC solve? May be indicated.

UCC will solve no problems. In fact, we are better without this. Various religious communities have different customs. Even Hindus have different customs. So personal law governing marital relations, customs, succession cannot be uniform. The votaries of so called uniform civil code wish to thrust the Hindu Law on others.  Not only Muslims but even tribal have unique system. Many tribal have matriarchal social system. I wonder how they will be adjusted in so called uniform civil code.

I believe that the current ruling alliance also understands that the uniform civil code is not worth even for discussion. That is why they have put this in cold storage.  

But many see it as cause of injustice to Hindus.

vijay wrote:

But many see it as cause of injustice to Hindus.

 

On the other hand, I see as undue benefit to Hindu capitalist and business class. The unique artificial identity of 'Hindu Undivided Family' is available only to Hindus. This concept of HUF enables the rich Hindus to reduce tax liability and form multiple firms with a view to save taxes. Not only this, even the gods/ goddesses/ deities can be used by rich Hindus to save tax. They can even make the deities tax paying entities, run business in partnership with the deities or in their names. They can even have separate account of deities. All the cash even in name of deities belongs actually to them (Hindu businessmen) but they pay less or no tax.

I suggest that it will be good  idea to abolish the concept of artificial juridical persons in name of deities and also the concept of H.U.F. as a step towards uniform law.  

MG Singh wrote:

The past is passed and the present is present. In my view, Modi is missing a great chance to have a date with history, by idling away on Kashmir and Article 370.He suffers from election syndrome and like Congress is cultivating vote banks. What interpretation one can give to his action of buckling to Jat and Patel agitation?. I am afraid this will be bad for history. Secondly, I feel Muslims will at some stage press for another division ( maybe 50-60 years) hence. They have no say in governance.Despite a population percentage of 15, they have just 5-6 MPs.

I am also feeling that Modi show weakness on these two issues. What Jat and Patel done during agitation I think no need to write here. 

 Wikipedia, the free encyclopedia

In the year 1985, the Supreme Court ordered Shah Bano's husband to pay maintenance allowance to Shah Bano after divorce. The Islamic patriarchal minds did not  like women winning a case over men. There were demonstrations and protests.

The SC gave a chance to the government (under Rajiv Gandhi) to initiate the work towards having a Uniform Civil Code. However, Mr. Gandhi succumbed to the pressure of the Muslim community and instead of abolishing separate laws instead of the ones by the Constitution, his government in fact made necessary amendments to negate the effect of the SC judgement.

vijay wrote:

But many see it as cause of injustice to Hindus.

Of course. Views and opinions vary. I agree with Babu that there is a possibility of further division of the country on religious lines.

usha manohar wrote:

 Wikipedia, the free encyclopedia

 

In the year 1985, the Supreme Court ordered Shah Bano's husband to pay maintenance allowance to Shah Bano after divorce. The Islamic patriarchal minds did not  like women winning a case over men. There were demonstrations and protests.

The SC gave a chance to the government (under Rajiv Gandhi) to initiate the work towards having a Uniform Civil Code. However, Mr. Gandhi succumbed to the pressure of the Muslim community and instead of abolishing separate laws instead of the ones by the Constitution, his government in fact made necessary amendments to negate the effect of the SC judgement.

If Goa can implement UCC successfully , with a dominant Catholic population I don't see any problem in implementing UCC by different states.In fact BJP should start doing this in their own states for a start. Once they consolidate their position in almost all the states , there will be no problem in implementing it at the center as well..

usha manohar wrote:

usha manohar wrote:

 Wikipedia, the free encyclopedia

 

In the year 1985, the Supreme Court ordered Shah Bano's husband to pay maintenance allowance to Shah Bano after divorce. The Islamic patriarchal minds did not  like women winning a case over men. There were demonstrations and protests.

The SC gave a chance to the government (under Rajiv Gandhi) to initiate the work towards having a Uniform Civil Code. However, Mr. Gandhi succumbed to the pressure of the Muslim community and instead of abolishing separate laws instead of the ones by the Constitution, his government in fact made necessary amendments to negate the effect of the SC judgement.

If Goa can implement UCC successfully , with a dominant Catholic population I don't see any problem in implementing UCC by different states.In fact BJP should start doing this in their own states for a start. Once they consolidate their position in almost all the states , there will be no problem in implementing it at the center as well..

I completely agree with you. The BJP had an agenda, they must implement it, starting with the states they rule.But so far nothing has happend and 24 months have gone like the wind. 36 months is not far off and its about time Modi pulled up his socks.

MG Singh wrote:

usha manohar wrote:

usha manohar wrote:

 Wikipedia, the free encyclopedia

 

In the year 1985, the Supreme Court ordered Shah Bano's husband to pay maintenance allowance to Shah Bano after divorce. The Islamic patriarchal minds did not  like women winning a case over men. There were demonstrations and protests.

The SC gave a chance to the government (under Rajiv Gandhi) to initiate the work towards having a Uniform Civil Code. However, Mr. Gandhi succumbed to the pressure of the Muslim community and instead of abolishing separate laws instead of the ones by the Constitution, his government in fact made necessary amendments to negate the effect of the SC judgement.

If Goa can implement UCC successfully , with a dominant Catholic population I don't see any problem in implementing UCC by different states.In fact BJP should start doing this in their own states for a start. Once they consolidate their position in almost all the states , there will be no problem in implementing it at the center as well..

I completely agree with you. The BJP had an agenda, they must implement it, starting with the states they rule.But so far nothing has happend and 24 months have gone like the wind. 36 months is not far off and its about time Modi pulled up his socks.

BJP, will definitely do, what it's supposed to do. Modi, is not a novice. As you said, it's certainly having an agenda. BJP must be having a pre decided order to implement the points in its agenda. He will follow that order. A Statesman like modi  knows all about the ruling of a Country

 

 

 

MG Singh wrote:

usha manohar wrote:

usha manohar wrote:

 Wikipedia, the free encyclopedia

 

In the year 1985, the Supreme Court ordered Shah Bano's husband to pay maintenance allowance to Shah Bano after divorce. The Islamic patriarchal minds did not  like women winning a case over men. There were demonstrations and protests.

The SC gave a chance to the government (under Rajiv Gandhi) to initiate the work towards having a Uniform Civil Code. However, Mr. Gandhi succumbed to the pressure of the Muslim community and instead of abolishing separate laws instead of the ones by the Constitution, his government in fact made necessary amendments to negate the effect of the SC judgement.

If Goa can implement UCC successfully , with a dominant Catholic population I don't see any problem in implementing UCC by different states.In fact BJP should start doing this in their own states for a start. Once they consolidate their position in almost all the states , there will be no problem in implementing it at the center as well..

I completely agree with you. The BJP had an agenda, they must implement it, starting with the states they rule.But so far nothing has happend and 24 months have gone like the wind. 36 months is not far off and its about time Modi pulled up his socks.

 

You cannot do anything forcefully, two years while compared to what has been so far is a very short period of time..They need t know the ground realities and also get out of the many tangles that Congress has put forth,one can see what an eventful scam filled period this has been...I am sure they will do so because it is in the interest of all concerned to do so but some people will want to criticise the move simply because Congress dint do it so BJP if managed t do so will be one up on them, so bring in Hindu law and all sorts of half truths just to confuse the minority and fuel them towards a confrontation, that is the main idea of all these claims about Hindu law, nothing else..

If I remember correctly the UCC in Goa was done during Portugese rule and is continued after its liberation. So it was not done by any Indian party like BJP or Congress etc. And there can always be another view point. Why you get so worked up to call him almost a anti national. By your yardstick there are only three nationalists in the whole country.

Goa decided to continue with the laws introduced by the Portugese when it got its independence in 1961. In 1962 apparently it was modified to a certain extent and continues to be followed to this day.. Even Hindus can marry a second time under certain special or unique circumstances  according to the law, not sure how this got included in it..

Feni effect !!!

MG Singh wrote:

usha manohar wrote:

usha manohar wrote:

 Wikipedia, the free encyclopedia

 

In the year 1985, the Supreme Court ordered Shah Bano's husband to pay maintenance allowance to Shah Bano after divorce. The Islamic patriarchal minds did not  like women winning a case over men. There were demonstrations and protests.

The SC gave a chance to the government (under Rajiv Gandhi) to initiate the work towards having a Uniform Civil Code. However, Mr. Gandhi succumbed to the pressure of the Muslim community and instead of abolishing separate laws instead of the ones by the Constitution, his government in fact made necessary amendments to negate the effect of the SC judgement.

If Goa can implement UCC successfully , with a dominant Catholic population I don't see any problem in implementing UCC by different states.In fact BJP should start doing this in their own states for a start. Once they consolidate their position in almost all the states , there will be no problem in implementing it at the center as well..

I completely agree with you. The BJP had an agenda, they must implement it, starting with the states they rule.But so far nothing has happend and 24 months have gone like the wind. 36 months is not far off and its about time Modi pulled up his socks.

A good suggestion that BJP may begin UCC from the states they rule. But we need see whether this is in union  list or state list or concurrent list.  Can a sate govt. introduce uniform civil code?  

 

usha manohar wrote:

Goa decided to continue with the laws introduced by the Portugese when it got its independence in 1961. In 1962 apparently it was modified to a certain extent and continues to be followed to this day.. Even Hindus can marry a second time under certain special or unique circumstances  according to the law, not sure how this got included in it..

laws which are made for goodness, i think that shouldn't be erased from the law books because they are made for helping humanity.