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Unifrom Civil Code should be New Battle Cry

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>BJP's new agenda for comeback

>Prafull Goradia

>The Pioneer

>June 19, 2004

>

>There is not much time for the BJP to put together its new programme

>and, perhaps, a new manifesto for the next general election. Assembly

>elections are due in Kerala, Tripura and West Bengal by May 2006. The

>Left Front has to break with the Congress at the Centre well before

>that. It must keep a margin of time so that the divorce is

>advantageous to the Left in terms of voter appeal. The signals are

>already ominous. The Left Front has not even endorsed the CMP, not to

>speak of joining the Singh Government.

>

>In Kerala and Tripura, the Left have not allowed the Congress to win

>a single Lok Sabha seat, while in West Bengal only six seats went to

>the Congress. To retain the victories of 2004 in 2006, the Congress

>will need a well-planned strategy and rare ruthlessness. If the Left

>succeeds, it would have uprooted the Congress from the three states

>for years to come.

>

>The BJP's Vision 2004 document is excellent, but to return to

>Hindutva, some alterations would be required, and that would depend

>on the opposition's strategy. A mere return to the temple issue would

>be inadequate. In fact, temple issue should be left to the VHP. The

>BJP should do well if it pursues the Uniform Civil Code, whose

>potential is enormous.

>

>The Uniform Civil Code has little to do with either Hindutva or

>Hinduism. In fact, it would be an epitome of secularism, for with it

>in force, all the citizens of India become equal before the law.

>Today, they are not. Muslim men can lawfully have four wives. No

>other Indian male can do so. Here, it is pointless to bring in

>Adivasi traditions and other caste customs which do not fall in line

>with the Hindu Code Bill, for the simple reason that they do not

>supersede the law of the land. Where necessary, such traditions and

>customs should cease to be justiciable. No court of law should

>entertain a petition or an appeal based on them.

>

>Similarly, the Sharia or the Muslim Personal Law need not be

>prohibited. But no one should be allowed to go to court with its

>support. A full-fledged campaign for the establishment of a uniform

>civil code should begin with the BJP producing a draft bill based on

>the virtues from the personal laws of all the religions in India. Its

>basis should be borrowed from the Stasi Report on Secularism

>submitted to the Government of France in December 2003. The French

>Constitution is the only known constitution in the world which

>explicitly sanctifies secularism. In 1905, a Republican law was

>passed which separated the Church from the State.

>

>The cornerstone of French secularism rests on the three pillars,

>namely, the freedom of conscience, equality of law for spiritual and

>religious beliefs and neutrality of political power. To elucidate,

>the laws of France do not permit the payment of salaries or subsidies

>to religious groups. The rules of every public institution, whether a

>school, hospital or an army unit, are supreme and no relaxation is

>permissible on grounds of religion. If such rules are enforced in

>India, imagine the degree of unity it would accomplish.

>

>Having proposed the introduction of a uniform civil code as a

>specimen of secularism, it would be interesting to see its political

>value. The Communists will have to keep quiet since their prophet

>Karl Marx called religion "an opium of the masses" and Indian

>Communists are proud to call themselves atheists. Then how can they

>support the Sharia? Congressmen as well as their pseudo socialist

>allies like the RJD and Samajwadi Party may allege that it is an

>attempt by the parivar to impose Hindu rules on Muslims.

>

>If the draft Uniform Civil Code Bill is introduced as a private

>member's legislation in the Lok Sabha by a prominent leader, it is

>bound to kick off a debate. Hardly any political party could argue

>against the bill. At best, the opposition might give lame excuses

>like the time is not ripe or that the Muslims are not yet ready.

>Nehru said that to Parliament in 1954 and Ms Gandhi would say so

>again in 2004. True, the ulema would inveigh against the BJP; the

>more they do the better for the cause. Muslim women, especially those

>with a modern outlook, should be on this side of the bill.

>

>No matter how anti-BJP the media is, the issue is bound to get

>debating space. No doubt, initially attempts would be made to hush up

>the draft bill. But if the BJP persists with the cause, success is

>bound to follow. The Constitution, morality, modernity, gender

>justice, equality before law, world opinion, literally everything

>should be on this side of the bill.

>

>

>

>

>-------------------------------

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>

>

 

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