Personal law not subject to court validation

The court took this action for the empowerment of Muslim women. At the same-time, each religion has the right to live in accordance with their religious rules. The Mohammedan Law in the Holy Quran imposes some restrictions to Muslim women to live in this society. If majority of Muslim women are ready to follow the instructions of Mohammedan Law, there is meaning for Supreme Court's action. If they want freedom from this laws, the SC must continue the actions for the sake of Muslim ladies who are lying under restrictive life. 

If personal laws are so sacrosant then why Constitution guarantees equal rights. It should then revise and say each persons rights will be as per his/her personal law as interpreted by Mullas, Pundits, Priests, and so on. It is very good that Muslim women are coming forward and challenging the divorce practice of triple talaq. In couple of TV debates none of the religious scholars could point out one line in Koran supporting this practice. So let us not blindly accept misinterpretations which have shaped personal laws of various religions. In time of conflicts the Constitution should prevail. Legislate the change if required.

Jincy Aby wrote:

The court took this action for the empowerment of Muslim women. At the same-time, each religion has the right to live in accordance with their religious rules. The Mohammedan Law in the Holy Quran imposes some restrictions to Muslim women to live in this society. If majority of Muslim women are ready to follow the instructions of Mohammedan Law, there is meaning for Supreme Court's action. If they want freedom from this laws, the SC must continue the actions for the sake of Muslim ladies who are lying under restrictive life. 

Most of Muslim women want some freedom, but how SC change Holy Quran.

well the personal disputes or personal problems should be settle within there houses. the personal things should not come out at any way because if it comes out then it will create a huge problem in relationship.

Many Muslim countries have laws which are not following Koranic dictates. If there is a will there is a way.

vijay wrote:

Many Muslim countries have laws which are not following Koranic dictates. If there is a will there is a way.

Reforms may be necessary in personal law of Muslims as well as Hindus. The Hindu law has been suitably reformed from time to time. The Muslim community itself has to take initiative for reforms that may be needed for fairness, equity and justice. There may be many liberal and unorthodox individuals in Muslim community. It is for them to take lead. 

If they are manipulated not to take lead can they be allowed to suffer. After all why is there a Constitution which is equally applicable to all. It is for community to  take lead argument  is no longer valid as the vested interests will not permit. They have succeeded for seventy years and will continue. Majority community also has a responsibility.

vijay wrote:

Many Muslim countries have laws which are not following Koranic dictates. If there is a will there is a way.

it is easy for Muslim countries to change their law but not for India. If Muslim community of India agree for some change Muslim leader will oppose it and raise slogan Islam Khatrey Main Hai.

Nothing is written on stone afteral religion is man made and laws were written based on the times they were written and to hold on to that and continue with the same old laws makes life difficult for everyone around them. This is precisely why we need a uniform civil code and uniform laws regardless f religion - accept it or lump it ! Will the political parties think on those lines ?

usha manohar wrote:

Nothing is written on stone afteral religion is man made and laws were written based on the times they were written and to hold on to that and continue with the same old laws makes life difficult for everyone around them. This is precisely why we need a uniform civil code and uniform laws regardless f religion - accept it or lump it ! Will the political parties think on those lines ?

I think the people who make and govern these laws consider themselves to be the most superior beings, perhaps second only to God and they cherish the power that they feel rests in their hands. So the problem would be if this power was taken away, they would be reduced to being common people who would not then be able to exercise their superiority over others. It is probably this reason why they refuse to accept the uniform civil law. And most political parties refuse to play the hardball against thsi simply for vote bank politics.

This discussion to my mind is missing the wood from the trees. Muslim personal law is followed only in a few nations. People forget the actions of kemal Ataturk, who modernised Turkey.  ALL the western nations do not allow anyone  to practice their  personal law and everybody accept it. there is nothing holy about personal law and can be changed any time.

We as a nation have neither the will power nor the courage to do anything right ! No wonder our leaders go one step further and only talk but never act because no one is willing to bell the cat !

A Politician in this Country talks,when he is in need of Votes. Appears only when he's in need of Votes. R.K Laxman, the eminent Cartoonist has drawn a Cartoon, wherein, two villagers were depicted.One day, when they had seen, their MLA approaching their village for the first time, after being elected, one of the villagers say, " It seems, it's time for elections."

This says all.

If any thing has exposed us in the most ridiculous light it is this very issue of framing a uniform personal code for our land. Woolly thinking,sheer political opportunism and above all complete dishonesty of our political leaders have condemned a vast section of women to a life which is bound to raise frown in civilized world. We have committed ourselves under the Constitutional mandate to make equality before law as the cornerstone of our fundamental rights.Yet years,decades pass by us! Politicians continue to subvert the constitutional objectives working in a way which is completly at odds with the basic scheme of our Constitution.Their pontification,equivocation. and prevarication on the issue came in for sharp reprimand

from the Apex court in so many rulings but who cares a damn????

well i think if the local minister and leaders will go to each house and settle the disputes or the problems between them and his/her family members then it will a great help in controlling the problems in an area and thus stop a little burden to the court 

Kalyani Nandurkar wrote:

usha manohar wrote:

Nothing is written on stone afteral religion is man made and laws were written based on the times they were written and to hold on to that and continue with the same old laws makes life difficult for everyone around them. This is precisely why we need a uniform civil code and uniform laws regardless f religion - accept it or lump it ! Will the political parties think on those lines ?

I think the people who make and govern these laws consider themselves to be the most superior beings, perhaps second only to God and they cherish the power that they feel rests in their hands. So the problem would be if this power was taken away, they would be reduced to being common people who would not then be able to exercise their superiority over others. It is probably this reason why they refuse to accept the uniform civil law. And most political parties refuse to play the hardball against thsi simply for vote bank politics.

Usha@Every citizen of Indian have equal right than why law is differ for followers of different religion. It is the only region for one law for all citizens.

@Kalyani, Human are Scrupulous by nature, it is the only region that Pandits and Mullas playing role of superior one for centuries. Cast, religion, reservation all these are weapons of politicians, how they can quit these.