Uniform Civil Code and Human Rights

Pragna Talks – Uniform Civil Code and Human Rights – -Subuhi Khan, Supreme Court Advocate, Founder- Rashtiya Jagran Abhyaan.

Pragna Bharati organised a talk on the subject of Uniform Civil Code -UCC on the evening of 25th August 2023 at Paryatak Bhavan, Begumpet, Hyderabad.

Dr Hanuman Chowdary, chairman Pragna Bharati in his opening remarks said he’s very happy that eminent lawyer Ms Subuhi Khan is addressing the audience on the topic of UCC. Article 44 of the Constitution says that the state shall endeavor to have a UCC. Dr Ambedkar, chairperson, Constitution Drafting committee, actually lost his membership of Constituent Assembly after India’s partition, as he was nominated from the then East Pakistan. Then the govt approached Bombay province CM and got him into Constituent Assembly and made him chairperson of the Drafting Committee. Hindu Reform Code Bill was introduced in the parliament despite opposition by some members. Organization of Islamic Cooperation of 52 countries came out with Islamic Declaration of Human Rights, after UN declaration of Human Rights. If reforms don’t come from within the community, there should be some other mechanism to introduce reforms; Muslim Personal Law Board and political parties eyeing muslim vote-banks would never want any reforms.

Smt Vijaya Bharati, Vice President, Pragna Bharati introduced the organization and it’s activities. Sri Chandra Shekhar from Pragna Bharati introduced Ms Subuhi Khan and her patriotic efforts in raising voice against communalism. She’s also a popular TV personality engaging in debates on critical issues.

Ms Subuhi Khan in her keynote address stated that she’s a Sanatani Indian Muslim, and thanked Pragna Bharati for the invitation extended to her, and her guru Sri Govindacharya for his blessings. She said there are two kinds of laws in india – criminal and civil laws. Civil laws also deal with personal laws including marriage, divorce etc.

UCC is needed for both Human rights and Women’s rights. Article 44 says that state shall endeavor to ensure UCC for the country. No court of India can give us UCC, only parliament and govt can. Shariyat Application Act 1937 was brought in by Muslim League and the British, just to divide the people of india on religious lines. As Shariyat is not codified, muslims especially women are caught up in the web, and are forced to follow the rules as dictated by muslim clergy in every nook and corner of the country. Separatism was deliberately planted in muslims to segregate them from the mainstream by establishing a separate parallel system, so that slowly they become extremist in thinking and go towards terrorism gradually. Unfortunately both Muslim and khalistani separatism is happening in the country.

There is no country which is more secular than india, Hindutva is a Commonwealth of various Hindu deities and practices across the length and breadth of the nation, there cannot be communalism or hatred by Hindus towards other religions. A series of events occurred in 19th and 20th centuries, which were part of a deliberate muslim strategy of separatism. Darul islam, AMU, Bengal Partition, Muslim League, Khilafat movement and Hindu killings, Tablighi Jamat etc events were part of the mechanism to instill separatism. Hindu Code bill lapsed in 1951, and it was again brought in parts starting in 1952, with Hindu Marriage Act, Divorce Act, 1956 Hindu Guardianship Act etc. The beauty of Hindu society is that reforms have regularly happened from within in the Hindu society, by adapting to changing times. Hindu society is guided by Dharma, hence wrongdoing is never condoned even if it’s committed by very close relatives.

Whereas Hindus’ legal age of marriage is 18 for girls and 21 for boys; as per muslim Shariyat law, girls are expected to marry after puberty, which maybe as young as 9/10 years old in modern times. All such practices violate the stringent POSCO and ‘Child marriage’ laws. Similarly, muslim women are not allowed ‘Guardianship rights’; only male members have the right to custody of children, as per Muslim laws.

Misyar nikah/ travel marriage is allowed in Shariyat, which is highly prevalent in Hyderabad. Traveling Arab Sheikhs marry young girls, rape them in the name of marriage, and the marriage is automatically nullified when the Arab man goes away. These kind of violations of Indian laws happen routinely in India. Even talaq is allowed with a gap of 1 month each for teen-talaq, when talaq is pronounced by muslim men, only instant Talaq is banned. Muslim women are tortured when talaq is given, and when talaq is not given also, as the husband can legally marry other women. Though in principle, muslim women can take ‘khula’, it’s a difficult process as women don’t feel protected in the Shariyat legal environment. There are many real-life difficulties and problems that muslim women face. She said she considers the Prophet as a feminist, as he married an older woman, used to cook for himself and wash his own clothes.

Children of Muslim political leaders study abroad with all facilities, enjoy huge properties and lavish lifestyle, and are not bothered about what is taught in madarsas to muslim children. They only quote Article 25, which gives freedom of religion, but forget that it doesn’t give them rights to have separate religious laws. It gives rights to pray, but not to block roads etc. The fundamental rights are subject to ‘health, public order and morality’. Article 14 and 15 etc need to be reviewed, as separate laws are allowed which violate the spirit of these articles in the Constitution. Sri Govindacharya says Hindus are those, who have respect for all traditions, who believe that same consciousness permeates all beings, have respect for women, and that human beings are part of nature, we are not here to conquer nature or others. Ms Subuhi Khan concluded her talk by saying that she proposes to do a national seminar especially with muslims to generate better understanding on issues, especially UCC.

Ms Subuhi was presented with a Pragna Bharati memento by Sri Hanuman Choudary. Sri M. Rajesh from Pragna Bharati proposed the vote of thanks and announced that Ms Subuhi would also be addressing talks in other towns of Telangana in the following days.