The Muslim Personal Law Board is not a constitutional body, but is preferred by the paper leaders of Rahul Gandhi’s party.
New Delhi: What is the biggest obstacle to development? Politicians, officers, foreigners, castes, religion? No, the biggest obstruction is law, because our great country, India, is unique, where laws are not the same for everyone. Not only America, but also countries like radical Pakistan, Indonesia, Turkey, and Egypt have similar civil law systems. But even after 74 years of Independence in India, the debate on this issue is still on; the Law Commission, the government, and Parliament are only discussing how to legalize the Uniform Civil Code. The most important thing is that the Constitution based on which everyone takes an oath, based on which they take livelihood, clothes, and houses, is not yet following the provision written in Article 44 of Part IV of that Constitution. It is stated in this document that our goal is to implement uniform civil law. The Uttarakhand government has constituted a high-level committee under the chairmanship of a former judge to prepare the draft of the Uniform Civil Code. But immediately, some leaders and organisations raised their voices in protest.
Certainly, the framers of the Constitution before Independence and even in the early years after Independence, the top leaders must have believed that after a few years, all the provisions of the Constitution would be implemented. This belief of theirs has been broken by vested, selfish leaders, organizations, and some subversive elements. They kept taking the name of Mahatma Gandhi, but in the name of religion and caste, confusing the general public, they kept dragging them into the caves of darkness. Two generations have passed in 70 years. Resource facilities increased with the population. The talk of Vasudhaiva Kutumbakam is becoming meaningful in the true sense. Not only the world community, but also the global village is being talked about. Not only did Germany unify, but also Soviet Russia, China, and even Africa had changed a lot. In those countries, the Communist Party may have remained in name, but the rules and regulations of public life were completely liberal, and a system that was one step ahead of the capitalists also came into force. India has made revolutionary changes in every field, including nuclear power. Is there any post in India higher than the President, Chief Justice of the Supreme Court, or Chief of Army Staff, which cannot be held by the person of the poorest family in a minority society? But some radical organizations, political parties and their leaders, along with the minority community, keep trying to push the entire country into the eighteenth century.
Now take the Muslim Personal Law Board only. It is not a constitutional body. There are thousands of real or fake NGOs in the country. The Law Board is attempting to impose rules and laws on society that are not even applicable in Iran, Pakistan, or Saudi Arabia. Yet such an organisation is preferred by the paper leaders of Rahul Gandhi’s party. How many votes and seats do Owaisi and Muslim League leaders of South India get in elections? During the rule of Manmohan Singh and Salman Khurshid, a budget of hundreds of crores was made on paper for the minority ministry, but not even twenty-thirty percent of it was spent on those poor people. In such a situation, if the government led by Narendra Modi is trying to provide free food grains, toilets, houses, cooking gas, education, medical, and skill development facilities to crores of minorities to fulfill the goal of development of the entire society, why should there be opposition?
In democratic countries like Britain, America, France, Germany, Australia, and Canada, there is a sizeable population of the minority community, ministers in governments, and the mayor in London is British Pakistani-origin Muslim leader Sadiq Aman Khan, but there, the rules of Shariat do not apply. Muslim women in the world are becoming doctors, engineers, and even pilots and the fanatics of India are trying to ban the education of girls in hijab-burqa. Are they not cheating and misbehaving in the name of society and religion? If Muslims, Sikhs, and Christians offer prayers according to their religious beliefs, how can any leader or organisation have authority over their daily lives? The surprising thing is that the BJP has not yet taken strict action against such fundamentalist elements.
The Law Commission was given the responsibility of preparing a Uniform Civil Code, but after years of deliberation, it gave a roundabout interim report. Kirori Mal Meena tried to introduce a non-government bill in the Rajya Sabha, but some parties, including Congress, did not even allow it to be discussed. A decade ago, the Constitution Amendment Commission was also formed. But vote politics did not allow major changes to happen. There may be a time-bound programme for various welfare schemes; there may be a fine for not working on the road or other construction work according to the contract deadline; and also for those who promise or bear the responsibility of equal law for every citizen of the country. Why should there be no provision for a time limit?
There is no doubt that efforts should be made to implement uniform education and health policies in the country before starting the lengthy constitutional process of creating a uniform civil code. Languages can be different, but why can’t the syllabus and books be the same? In the name of the federal structure, not only the state governments but also educational institutions are trying to provide different education. Unnecessary disputes are arising. Similarly, arbitrariness is being done on the issues of health policy, planning, and facilities. States like Delhi and West Bengal have objections to the Ayushman Health Scheme, which can be called unique in the world. Political bias and impediments were put in place to prevent providing health insurance of Rs five lakh to poor citizens. If the facility of Mohalla clinic in Delhi is being claimed to be a big norm, despite this, why should the benefit of Ayushman insurance not be given? The Mohalla clinic is like a first aid center. Serious illnesses and operations require more expenditure. Eventually, the proposal of Mohalla clinic was approved by the Union Health Ministry. With a common education and health policy, society may also more easily accept the same law.
Revolutionary steps can be taken to liberate Jammu and Kashmir from Article 370 and end the inhuman right of divorce, so why can’t it be implemented by passing a similar citizenship law in one stroke? When the progress of the whole nation happens together, the human power that will be prepared will prove to be more powerful than any atomic bomb and beneficial for the world.
(The author is editorial director of ITV Network India News and Aaj Samaj Dainik)