Uniform Civil Code...and Indians
By vanny
@vandana7 (100288)
India
February 13, 2024 12:05pm CST
We have ruffled too many feathers already and are continuing to do so, the price of which will be paid by the future generations.
So the latest one is UCC or Uniform Civil Code.
I think we could do it in pleasant way. But politicians don't like pleasant route. They like to pit one person against another, be it based on religion, state, caste, whatever...even sexual orientation.
So here is how I would have implemented it...
We establish a UCC. But people are at liberty to follow the rules and laws as per their religion. If they should so choose, then they would approach their own courts, that function under their religious bodies. These bodies will have to spend on judges and infrastructure. There would be no further appeal beyond the verdict of these religious courts, other than appeal for punishing the judges and lawyers for violating the rules as per existing laws.
Effectively, there would be fear of high handedness, and people from all religions would agree to be bound by UCC.
UCC not imposed, yet people's faith in their own religious bodies set aside, to make it uniform across the board.
Why have rough arguments over it, leading to bitterness, hatred, mistrust...blah blah.
8 people like this
6 responses
@ptrikha_2 (46955)
• India
21 Feb
@vandana7
Perhaps some day you can stand for a local or state election and then have your voice heard
The unofficial Prez of India here on Mylot can get you many votes as well !
2 people like this
@ptrikha_2 (46955)
• India
21 Feb
I had seen this discussion. Yet on a few days, I was coming here just before sleeping.
And as happened with a few of Coral(Sojourner)'s discussion long back, I did not want to take part when I was half asleep and then I sometimes wrote a few things which were jumbled and had to correct later to my own embarrassment !
Keeping that aside, let me put my points. I might sound like Pro-UCC but with some thoughts of my own.
I came across this term for the 1st time during the 90s.
L.K.Advani once told his views on the demand for UCC.
He said that many countries have a UCC and there are quite a lot of countries in Middle East with such an arrangement.
Their if any Indian, be of any religion, cannot follow their own rules and practices but have to follow the law of the land.
Second, after cases such as Shah Bano, practice of Sati till even a few decades back, Triple Talaq, Dowry etc, L.K.Advani said that the Uniform Law can take best practices from different religions and discard bad ones.
He favored something like Nikahnama which is given by the Groom's family to the Bride's family during the Marriage (or is it Mehr - I am not fully sure) and something which even Hindus, Sikhs or Christians too can follow.
Also, even if legal, often women do not inherit an equal share of wealth.
Plus we still have dowry system.
Even among Christians, we could have malpractices.
So yes, a UCC (also talked about in the Indian Constitution) is a good thing.
Now, I would like a UCC to also have
1)A clause banning no Religious issue to be raised in National (Lok Sabha elections), state elections and local body elections.
2)UCC clause to have no politician be elected in elections more than 5 times.
3)All MLAs and MPs to get 20% salary hike but limiting the free telephone calls, just 4 air or train travels for free within India and no subisdized food.
4)Upper expenditure limit on Marriages to be Rs. 10 Lakh, even if held by the Richest person in the country. This will solve many social ills.
5)Misuse of dowry laws to be punished by community service for at least 20 days a year.
But perhaps I am sounding Idealist as well !!
1 person likes this
@ptrikha_2 (46955)
• India
22 Feb
@vandana7
Yes people would accept what seems more just.
However, we first need police and legal reforms without such widespread changes and laws.
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@vandana7 (100288)
• India
21 Feb
By all means UCC. LOL
But don't force it down the gullet, as it enables politicians to polarize based on religion. That is why I suggested how to go about getting everyone on board. LOL
Jab seedhi ungli se ghee nahin nikalta toh ungli tedhi karni padti hai (when you cannot pull out the butter oil with straight finger, you have to bend the finger).
I think I explained it better in DJ's box. You give apparent freedom to everybody with religious bodies taking charge. You bet people from every religion will run away from the punishments in their religion LOL
UCC is different from election so that 5 times clause cannot be incorporated in it. I am for only 1 time.
We also cannot restrict expenses to 10 lakhs. :( People tend to spend in cash if such restrictions are there. Effectively, white money becomes black or unaccounted money. It also provides enough incentive to people to generate black source of income.
1 person likes this
@Daljinder (23236)
• Bangalore, India
21 Feb
I believe since independence, the module you are suggesting has been going on. I don't want to be controlled by my religious authority when it concerns civil or criminal laws. Religious matter is another thing. It's high time UCC gets implemented. Enough of the dragging.
1 person likes this
@vandana7 (100288)
• India
21 Feb
No. We don't have separate Hindu courts, separate Muslim courts, separate Sikh courts.
Those courts would be financed by temples, mosques, and gurudwaras.
The existing laws applicable to these communities would continue to apply subject to modification within the religion. Implementation would be through religious body.
I believe most people would then willingly step out, and accept UCC. The reason is, punishments in respective religions are not acceptable. People are already accustomed to different set of punishments.
I think I showed you picture of a woman being stoned for adultery.
When it comes to dispute with a member from different religion, UCC would become the applicable law.
1 person likes this
@Daljinder (23236)
• Bangalore, India
22 Feb
@vandana7 Let's take, for example, Sikhi. As per Guru's guidelines, we have a governing body elected by votes from the Sikh community. It makes decisions for the community which does include civil disputes. Each gurdwara, either small or large has such governing body. All these bodies fall under another single governing body which we named SGPC. Then we have 5 Takhts (which are 5 Historically prominent Gurdwaras) and Panj Pyare (5 Beloved Ones /people). They play a great role when there is a difference in opinion or there is a major decision that needs to be taken. For ex.: Homosexuality
If I operate as per their rules and accept their punishment like Maharaj Ranjit Singh did when he was lashed 100 times for marrying a nautch girl. Then it becomes a matter of personal comfort. Am I comfortable being lashed for the same reason? Moreover, do I agree with the fact itself that marrying a nautch girl was a punishable offense or not? It becomes a matter of debate.
As you mentioned, "a woman being stoned for adultery", in Sharia is allowed. It doesn't happen in Sikhi. The worst that can happen is that a woman is ostracized from her local community. That doesn't mean that she cannot move to another place and become a part of another local Sikh community. But on the same tangent, if Guru Granth Sahib or any of the 10 gurus are mocked or destroyed, or disrespected in any manner, it needs to be taken into consideration that Sikhs are also a martial community. You may recall the last incident in Harmandir Sahib where a person tried to destroy Guru Granth Sahib with a sword. He didn't make it out alive.
I can assure you that the Sikh governing body will be a benign entity that is just but only if Guru's words are followed to the letter. And that is where the problem will arise because which interpretation and whom interpretation are we talking about?
In my case, I would say SGPC in Punjab is an example that it doesn't work.
"I believe most people would then willingly step out, and accept UCC."
Let's say, I decide I don't want Sikh authority. I want UCC then in this case I am no longer a Sikh according to Sikh authority. The same authority who controls all of my religious structures. Even if my Right to religion safeguards my right, would it matter? I would be struck off the voting list by my religious authority because a non-sikh person cannot vote. It snatches away my religious rights.
When we have already tried it why prolong it more. Keep the religious thing confined to the spiritual realm and let the Centre make decisions on civil and criminal cases.
Even with Sharia, Muslim women are done with nikah halala, triple talaq, etc. why force them to undergo such cruelty for more time?
(On a side note, the whole concept of sikh and non-Sikh is anti-sikhi. Again, the narrative is under the control of people holding positions in sikh authority.)
1 person likes this
@LindaOHio (178726)
• United States
13 Feb
As always, you make good sense with your suggestions. I hope you are having a good day.
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@vandana7 (100288)
• India
14 Feb
Gee thanks. I think everything can be done without imposing. People would naturally want something that others have. So those who agree to UCC don't have to pay for justice, while these people have to. On their own volition they will accept UCC, and it would be their choice. If forced, they would definitely dislike and are openly raising issues about it.
Yes, Linda, day has been tense but ok. Hope things are better with your husband. Please keep us posted. Hope you have been able to communicate.
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@LindaOHio (178726)
• United States
15 Feb
@vandana7 It's very frustrating to call all day long and not be able to speak with him. I have to call the nurse's station for help to get him to answer the phone. I post an update every day. Have a good day.
1 person likes this