Now there is a heated discussion about the Uniform Civil Code in the country. Prime Minister Narendra Modi has sparked this debate. When he came back from his trip to America, he asked party president Nadda about what was happening in the country. It is not revealed what answer Nadda gave to this question. They may have replied that everything is fine. But Prime Minister Modi also knew that all was not well.
Although the media gave huge publicity to his US tour, the overall tour was not satisfactory for the Prime Minister. The question raised in the joint press conference held with the President of the United States was related to the rights of minorities in India. Accordingly, the human rights organizations of the United States urged the President of the United States to discuss the violation of human rights in India with the Prime Minister Modi. It is not revealed whether Biden has discussed this with Modi. But a White House spokesman said it was a personal discussion. So he washed his hands that he could not give details.. But he did not forget to express his opinion that this is a serious matter.
Faced with such an embarrassment, Prime Minister Modi, who returned to the country, asked the question whether everything was fine here... but everything was not fine here. The pain of the victory of the Congress party in Karnataka was bothering the BJP leaders. They were also worried that the Congress guarantee would be extended to other states of the country. The violence in Manipur did not stop. There was doubt as to whether there was an administration there.. There was no sign of any magic working there.
Personal laws are made on the basis of religion.. The law is applicable to the people of the respective religion, and the law is made on the basis of what the respective religions say. This law has been followed for a long time by the respective religions, based on religious beliefs.
Hindu Personal Law
Hindu Law is an archaic law, modeled on the Hindu Succession or Succession Act of 1956. Basically it tells how and when and by what criteria the asset allocation should be done. Similarly, it is related to women's power over property. There is also a substantial amendment in this law. Earlier women did not have equal rights in property. Daughters didn't have the respect that boys had over property.. but now that's not the case. Females have the same authority as male children..so under Hindu law come laws like marriage, divorce, inheritance, adoption etc. These laws are framed on the basis of Hindu belief and tradition.
Like guardianship of children. Children under 18 are considered as minors according to law. According to this law the father is the first guardian. After this, the mother. But if laughter is less than 5 years, mother is the first guardian.
The law has also framed certain rules regarding adoption. I am not giving its details.. I think it is not necessary here. no more
Divorce, related to this is the Hindu Marriage Act, which was enacted in 1869. According to this law, the reasons for separation according to law have to be explained by the wife to apply for divorce. Explains how to annul a marriage. Now let us come to the issue of Muslim personal law.
This law was created on the basis of Muslim Shariat. It deals with matters such as divorce, maintenance, inheritance, etc., although it is based on the Koran, Muslims are divided into Shia and Sunni. This classification is made keeping in mind the differences between the beliefs of Shias and Sunnis. There are also considerable differences between Hindu personal law and Muslim personal law. The main reason for this is the differences between these two religious beliefs. Take for example adoption.
Islam does not accept adoption. Therefore, even if any Muslim follower brings and rears a child, the rearer cannot be the father, he is only the guardian of the child. Thus the court rulings have said that he can be a guardian. It is a law made according to Quran and Shariat. But not so in Hinduism. There is an option for adoption.. There are many points in Muslim personal law regarding Guardian. I am not going to explain them, Muslim personal law regarding divorce was very simple..triple talaq could annul the marriage..but the government of India abolished triple talaq on the grounds that it would be unfair to Muslim women..so there is no need to discuss this.
It is important for us to see what is the difference between Hindu personal law and Muslim personal law. Because it is essential to discuss changes to the Equal Civil Code
Hindu law is Muslim law
There is no polygamy.. there is polygamy,
There is adoption.. There is no adoption
Codified.. Not done.
Separate according to Hindu law
And there is ancestral property according to Muslim..
Now let's come to the basic issue.. Hindu and Muslim have separate personal law. The purpose of this was that religious beliefs should not be affected for any reason.. Because everyone, irrespective of their religious beliefs, had created a separate law for Hindu Muslims with the purpose of creating a civil law without defying their religious beliefs.. Now how do you create a uniform civil code? Is this law based on Hindu beliefs? I think this is the intention of the central government, as the Modi government has the intention of implementing the Hindu personal law as a uniform civil code... If any of the elements of the Muslim personal law are not in the new uniform civil code, is it not like rejecting their religious rights? That means the Muslim Shariat law will lose its entire existence. That means it will be a law that denies religious belief. In addition, it will be another step towards the construction of Hindu Rashghra.
According to the thinking of the present government, there should be only one religion in this country. The people of the country should speak the same language. There should be only one diet. One should wear the same clothes.. One should talk the same.. That means the destruction of the agenda of destruction of pluralism is also the hidden agenda behind this.
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