Recently, we have witnessed lot of curiosity and misplaced
controversy over imposition of long awaited Uniform Civil Code, courtesy, Article
370 of the Indian Constitutions.
Article 370 drafted in Indian constitution provide ‘temporary’
special status to Jammu & Kashmir which specifies that Indian Parliament
needs to be on same page with State Government in all matters except Foreign
affairs, Defence, Communication and ancillary i.e. residents of Jammu and Kashmir
governed by another set of laws including those related to citizenship,
ownership of property, fundamental rights and many more as compare to rest of
Indians. In the era of Liberalisation and Globalisation, with vast range of
opportunities, business houses are not able to set up their plants in J&K
because of some law written in 1947 which do not allow any outsider (one does not
hail from J&K ) to own any kind of property in Jammu & Kashmir. Women
lose their every single right they had, once married to some outsider (non
Kashmiri).
Cap of special status was granted to Jammu & Kashmir in
1947, in utterly different scenario from now. After independence, Jammu & Kashmir had
some peculiar circumstances which stand out the State to gained considerable
autonomy in the Constitution. But post 65 years of independence, ‘temporary’
status seems elevated to ‘permanent’. Today, under completely different
circumstances/scenarios, lawmakers should take some harsh decision for
amendment of certain laws which were drafted back then and which are providing
hindrance in integral growth of the State, if cannot abrogate the article at
once. And gradually should work toward dilution of this politically motivated controversial
topic.
However, Uniform Civil Code states uniform law governing
issues related to property and in personal matters like marriage, divorce,
adoption and inheritance. In laymen term, there are different laws in India for
different communities for the above mentioned issues (like divorce, marriage,
property etc.). There are different laws governing the inheritance or divorce
or marriage in Hindus then from Muslims or Christians. There were many
instances in past when Supreme Court urged States to move toward the
implementation of Uniform Civil Code.
The Uniform Civil Code brings all the prevailing different
personal laws under single umbrella, which will be applicable to every citizen
of India irrespective of its caste and religion.
There is a myth prevailing among all communities which are
opposing imposition of Uniform civil code and favouring Article 370 that this
will leads to withdrawal of all the benefits they are getting on the basis of
their caste, religion or the due the some region they hail from. I believe on one
side most of us demands for equal treatment (towards OBCs, SC/STs or towards
Hindu, Muslim or Christian) in Secular India. We demands for equal rights and
opportunities as other Indians enjoying. While on other, we are against every
move taken by government on this front.
No one has gained from Article 370 except some odd 50 families.
Political pundits are often misguiding the people of Jammu and Kashmir for
their own benefits. However, imposition of Uniform civil code was made
difficult by regional parties who work for their own good. Though, both issues
(Abrogation of Article 370 and imposition of Uniform civil code) are different
in nature but both envision “one country one law”.
