Be in touch with me to think something revolutionary and work accordingly....: TRIPLE TALAQ AND UNIFORM CIVIL CODE

Rahul Kumar

TRIPLE TALAQ AND UNIFORM CIVIL CODE

A learned friend has sought my observation on two below questions-

"What is Uniform Civil Code? Is the practice of triple talak protected under the constitution?"

My Observation-

It is better to reply firstly regarding constitutional validity of triple talaq,nikah halala and polygamy practices prevailing against muslim women.

Central Govt has put four questions before the Supreme Court for consideration and the Court has to decide whether triple talaq,nikah halala and polygamy are protected under the Constitution or not.So far as my personal opinion is concerned,triple talaq,nikah halala and polygamy are unconstitutional.

They are not protected under Article 25(1) of the Constitution.Article 25(1) provides that subject to certain reasonable restrictions,all persons are equally entitled to freedom of conscience and the right freely to profess,practice and propagate religion.Muslim Men interpret this Article in respect of men only that muslim men have equally freedom of conscience and practice religion in such way that they can obtain divorce by simply stating talaq,talaq,talaq and marry with four women according to their religious norms.If we interpret this Article in respect of all persons which include muslim women also,we find that if muslim women have equally freedom of conscience,then how muslim women can be subjected to divorce under triple talaq and suffer polygamy of muslim men.Freedom of conscience can not only be construed in regard to beliefs of muslim women in muslim religion or personal law of muslim.If muslim women have not belief in any norms of muslim religion or muslim personal law,then it is also freedom of conscience.Therefore,the freedom of conscience exempts muslim women to follow personal law.Therefore,subjecting muslim women to triple talaq,nikah halala and polygamy are unconstitutional and not protected under Article 25(1) and in fact violative of Articles 25(1),14 and 21 of the Constitution.

The application of the Muslim Personal Law is protected by the Muslim Personal Law (Shariat) Application Act,1937.The Muslim Personal Law (Shariat) Application Act,1937 is the Act of British Parliament and has the same value like the Act of Indian Parliament under Article 372 of the Constitution.Since the application of the Muslim Personal Law is protected by the Act of the Parliament,therefore the Muslim Personal Law is also a law made by the State within the meaning of Article 13 of the Constitution.Therefore provisions of the Muslim Personal Law which are violative of Articles 25(1),14 and 21 are void and unconstitutional to that extent in view of Article 13 of the Constitution..

Uniform Civil Code is provided under Article 44 of the Constitution of India which is under Directive Principles of State Policy,but Uniform Civil Code is nowhere defined in the Constitution. Uniform Civil Code has not been applied by the Govt till now.Uniform Civil Code is not under Fundamental Rights,it is under Directive Principles of State Policy.So,it is at the will of the Govt to apply it.If Uniform Civil Code is interpreted literally then it is a code to treat with all uniformly irrespective of sex,caste,religion,economic situation, rank,post,class,status etc.Uniform Civil Code is not merely confined to treat muslim women uniformly with muslim men in respect of divorce etc.Treating muslim women uniformly with muslim men is only a part of Uniform Civil Code.Uniform Civil Code is too broad than it.Due to political motive,Triple Talaq etc has been metaphor for Uniform Civil Code.

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Chandan Kumar Chaupal, Bam Shankar Jha and 39 others

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Suraj Choudhary really ur great .....ur observation is deep u corelate v well guru

UnlikeReply117 February at 23:03

Rahul Kumar No one is great...You are deep in yourself. Thanks a lot sir....

LikeReply118 February at 20:59

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Aditya Manher First of all, the decisions/interpretitions under personal laws of india is subjected to a normal court if approached by the aggrieved party and not by a separate court. In izrail, inspite of being a secular country (personally, i hate this word but anyway) they have the provision of religious courts as well for jewish and non-jewis with the respective scholars of their religion as their judges. I dont know much about islamic juruspedence or prophet mohhamad (neither i am interested,) but i have recently gone through few extracts of quran which considers this talaq as no less than a sin or evil in the society. In personal civil matters, people do whatever they want to do regardless of what law says. People make many weired comments as well like if any actoress(need not be taken as a personal abuse) is happy being second or third wife then why should people or government bother?? Personally; i am totally against this triple talaq. But overall; i am not a scholar nd so i cannot argue with u.

UnlikeReply118 February at 08:49Edited

Rahul Kumar Sorry for delay in reply......

Jurisdiction of Normal Court-In the Muslim Personal Law,there is provision of the Shariat Court which is like Family Court.Decisions of the Shariat Court and provisions of the Muslim Personal Law are subjected to review of the High Courts and the Supreme Court.At Higher Judiciary Level,establishment of religious courts will establish rule of injustice.Constitution of India is the Supreme Law of Land and all other laws including personal laws are subordinate thereto.
It is the essence of Article 25(1) of the Constitution that even being muslim,muslim women are not bound to follow all provisions of personal law,but they are bound to follow all provisions of the Constitution.Therefore interpretation must be done by courts of Higher level according to the Constitution, not according to personal laws.Hence,there is need to interpret decisions of a lower court (whether be the Shariat Court) and provisions of a law (whether be the personal law) according to the provisions of the Constitution.Religious Courts at Higher Level can not interpret according to the Constitution rather will interpret only according to personal laws.Only the High Courts and the Supreme Court can do so.

Quran-It is settled fact that Quran considers triple talaq sin or evil.I don't know what is the source of incorporating triple talaq in the Muslim Personal Law.But this triple talaq is the part of religious beliefs of conservative muslim men which needs to challenged by beliefs of liberal muslim women against triple talaq considering everything within the ambit of Article 25(1) of the Constitution.

Personal Civil Matters-I agree that if a woman is happy being second or third wife,then no one should bother. But when she is not happy,then there must be remedy for her.
If any Hindu commits bigamy,then he can be prosecuted under section 494 of the IPC.Further subsequent marriage of such Hindu can be declared void by the wife (spouse) taking help of section 11 of the Hindu Marriage Act,1955.But there is no remedy for muslim women when she is not happy being second or third wife.

LikeReply18 February at 20:52