Uniform Civil Code V Personal Law: Interview With Legal Historian Saumya Saxena
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- Опубліковано 5 лют 2025
- In the sphere of family matters, marriage, divorce, succession, inheritance, adoption, India practises legal pluralism. These are religion based personal laws. Many aspects of personal law are undeniably at odds with gender equality. But the majoritarian push for a Uniform Civil Doe to be made applicable to all religious communities in such matters isn't simply a matter of working towards ending these inequities Last week, the Supreme Court asked the Centre to make its stand clear, within three weeks, on the feasibility of implementing a Uniform Civil Code in the country.
A new work of scholarship, Divorce and democracy explores the interplay between law, religion, family, minority rights and gender in Indian politics. We spoke to the author, legal historian Saumya Saxena.
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Why Uniform Civil Code is necessary?
Wakf Act 1995, Has many draconian provisions, section 52 & 53 which can declare anyone has encroached & under these sections can order the person to leave with the help of DM SSP, Can that be done by Non Muslims? Do they have these privileges?
There are limitations for Hindu deities to knock the doors of Court, it is having limitations with time, whereas WAKF board has no time limitations according to section 108, Is this not the violation of human rights & Equality in connection to various faiths?
According to section 89 one has to send a notice to WAKF board before filing a case, it is just like parallel Government. Have you ever heard of sending notice to before filing a case? According to my knowledge it happens if a person is filing a case against Government.
Section 4 & 5 WAKF Act, according to this there will be a survey of land that will be done on timely basis, whose expenses are to be bore by tax payers of India.
1991 worship Act, which is also non secular,
In continuation, If there are any issues faced by Churches, Temples, Gurudwara it has register a complaint with Police, Whereas WAKF can order the police if there are any discrepancy according to the board & police has to abide by it. Is this true with your respective cases, introspect.
WAKF Act, section 40 gives the power to the board in connection to declaration of any of the property as its own. Can a normal citizen do this? Here please correct me if I'm wrong with authentic sources.
If there are legal issues faced by Non Muslims then they are suppose to fight in WAKF tribunal which is run by Sharia Kaanoon can they ever get Justice? I don't know, if true please enlighten me with the verdicts so given. So WAKF tribunal is an authority, hence in future if a person gets a verdict from it in favour of him/her & can challenge the opposing verdict given in the same case given by Supreme Court of India, till date it has not been done, but what is the guarantee that it is not done in future? Think.
Keeping all these powers in hand, WAKF board is asking the petitioners of Mathura & Kaashi Temple that they should not fight it in Civil court but in Sharia Court A.K.A WAKF board. This is the outcome of the powers so given to the WAKF board.
It also has provision of public servant in section 101.
All these information so put here are according to the best of knowledge sources, anybody is free to correct me with authentic sources.
Thanks..
Looking forward to seeing "your morning fix", kindly resume the program
Uniform civil code should be called Uniform Civil Rights in the same vein as Uniform Human Rights . No custom or practice which violates Uniform Civil / human Rights should be legally and socially allowed. Other non - abusive rituals and practices may be celebrated as part of diverse cultural ethos.
Why so much dancing around?