Uniform civil code: Shariat was made 1400 years ago. Must society remain stagnant for 1400 years?

By Markandey Katju*
I am a strong supporter of a uniform civil code. All modern countries have a common law for all citizens, and India must modernize if it is to progress.
It is stupid to say that if sharia is abolished Islam will be abolished. It is also stupid to say that Sharia was made by God. Sharia grew out of the feudal, backward social customs in Saudi Arabia in the 7th and 8th centuries. It is totally outdated today.
The old ( non statutory ) Hindu Law was abolished in 1955 and 1956 by Parliamentary statutes, e.g. the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956, etc despite the strong protest of orthodox Hindu swamis and saints ( e.g. Karpatriji, Prabhudatt Brahmachari, etc ) who said that this will abolish the Hindu religion as Hindu Law emanated from the Vedas. However, that never happened. Hindus are still going to temples, doing puja, and observing their rituals, etc.
So abolishing the oudated, feudal sharia will certainly not abolish Islam. Has abolition of the shariat criminal law e.g. abolition of the barbaric law of stoning women to death for adultery ( sangsad ) or cutting off the limbs for theft, put an end to Islam ? So even after abolishing shariat personal law, Muslims will keep going to masjids, saying namaz, etc.
In fact shariat personal law has kept Muslims backward, because oral talaq ( and burqa ) have kept many Muslims backward. Since women comprise of half of society, keeping women backward means plucking off one of the two eyes from one's face.
Shariat was made 1400 years ago. Must society remain stagnant for 1400 years? Must laws made in the 7th century be applied today though society has totally changed since then? After all, laws must reflect social conditions, and if social conditions have changed, so must the laws. In this age of cars and aeroplanes must one continue travelling on a camel?
Some Muslims say that sharia was made by Allah. but the same argument was made by orthodox Hindus, who said that the old ( non statutory ) Hindu law emanated from the divine Vedas and so was unchangeable, and orthodox Christians who said that the biblical injunctions regarding marriage etc were made by God. All this is nonsense and humbug.
Laws have to change as society changes. How long will stupidity be tolerated? How can you have oral talaq, which keeps a Damocles sword hanging over every married Muslim woman, in this age of equality between men and women? How can you support burqa, which is really keeping women in cages, in the modern age ? How can you say that if a woman is not wearing a burqa she is naked or in a bikini (as many idiotic supporters of burqa contend)? Is a woman wearing a sari or salwar kameez naked or in a bikini?
I know this post will draw a lot of flak on me by many bigoted idiots, but so be it. I am a sworn enemy of idiots.
---
*Former chairman, Press Council of India; former Judge, Supreme Court of India. Source: https://www.facebook.com/justicekatju/. Views expressed above are those of the author and not of www.counterview.net

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Girl child education: 20 major states 'score' better than Gujarat, says GoI report

By Rajiv Shah
A Government of India report, released last month, has suggested that “model” Gujarat has failed to make any progress vis-à-vis other states in ensuring that girls continue to remain enrolled after they leave primary schools. The report finds that, in the age group 14-17, Gujarat’s 71% girls are enrolled at the secondary and higher secondary level, which is worse than 20 out of 22 major states for which data have been made available.

Savarkar in Ahmedabad "declared support" to two-nation theory in 1937, followed by Jinnah three years later

By Our Representative
One of the top freedom fighters whom BJP and Prime Minister Narendra Modi revere the most, Vinayak Damodar Savarkar, was also a great supporter of the two nation theory for India, one for Hindus another for Muslims, claims a new expose on the man who is also known to be the original proponent of the concept of Hindutva.

Congress 'promises' cancellation of Adani power project: Jharkhand elections

Counterview Desk
Pointing out that people's issues take a backseat in Jharkhand's 2019 assembly elections, the state's civil rights organization, the Jharkhand Janadhikar Mahasabha, a coalition of activists and people’s organisations, has said that political parties have largely ignored in their electoral manifestos the need to implement the fifth schedule of the Constitution in a predominantly tribal district.

Hindutva founders 'borrowed' Nazi, fascist idea of one flag, one leader, one ideology

By Shamsul Islam*
With the unleashing of the reign of terror by the RSS/BJP rulers against working-class, peasant organizations, women organizations, student movements, intellectuals, writers, poets and progressive social/political activists, India also witnessed a series of resistance programmes organized by the pro-people cultural organizations in different parts of the country. My address in some of these programmes is reproduced here...
*** Before sharing my views on the tasks of artists-writers-intellectuals in the times of fascism, let me briefly define fascism and how it is different from totalitarianism. Totalitarianism is political concept, a dictatorship of an individual, family or group which prohibits opposition in any form, and exercises an extremely high degree of control over public and private life. It is also described as authoritarianism.
Whereas fascism, while retaining all these repressive characteristics, also believes in god-ordained superiority of race, cultur…

Ex-World Bank chief economist doubts spurt in India's ease of doing business rank

By Rajiv Shah
This is in continuation of my previous blog where I had quoted from a commentary which top economist Prof Kaushik Basu had written in the New York Times (NYT) a little less than a month ago, on November 6, to be exact. He recalled this article through a tweet on November 29, soon after it was made known that India's growth rate had slumped (officially!) to 4.5%.

With RSS around, does India need foreign enemy to undo its democratic-secular fabric?

By Shamsul Islam*
Many well-meaning liberal and secular political analysts are highly perturbed by sectarian policy decisions of RSS/BJP rulers led by Prime Minister Narendra Modi, especially after starting his second inning. They are vocal in red-flagging lynching incidents, policies of the Modi government on Kashmir, the National Register of Citizens (NRC), the demand for 'Bharat Ratna' to Savarkar who submitted 6-7 mercy petitions to the British masters (getting remission of 40 years out of 50 years' sentence), and the murder of constitutional norms in Goa, Karnataka and now in Maharashtra.

Post-Balakot, danger that events might spiral out of control is 'greater, not less'

By Tapan Bose*
The fear of war in South Asia is increasing. Tensions are escalating between India and Pakistan after the Indian defence minister's announcement in August this year that India may revoke its current commitment to only use nuclear weapons in retaliation for a nuclear attack, known as ‘no first use’. According to some experts who are watching the situation the risk of a conflict between the two countries has never been greater since they both tested nuclear weapons in 1998.

Rushdie, Pamuk, 260 writers tell Modi: Aatish episode casts chill on public discourse

Counterview Desk
As many as 260 writers, journalists, artists, academics and activists across the world, including Salman Rushdie, British Indian novelist, Orhan Pamuk, Turkish novelist and recipient of the 2006 Nobel Prize in literature, and Margaret Atwood, Canadian poet and novelist, have called upon Prime Minister Narendra Modi to review the decision to strip British Indian writer Aatish Taseer of his overseas Indian citizenship.

Worrying signs in BJP: Modi, Shah begin 'cold-shouldering' Gujarat CM, party chief

By RK Misra*
The political developments in neighbouring Maharashtra where a Shiv Sena-NCP-Congress government assumed office has had a trickle down effect in Gujarat with both the ruling BJP and the Congress opposition going into revamp mode.

'Favouring' tribals and ignoring Adivasis? Behind coercion of India's aborigines

By Mohan Guruswamy*
Tribal people account for 8.2% of India’s population. They are spread over all of India’s States and Union Territories. Even so they can be broadly classified into three groupings. The first grouping consists of populations who predate the Indo-Aryan migrations. These are termed by many anthropologists as the Austro-Asiatic-speaking Australoid people.

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