Board of Trustees and Management Committee Meeting
Maa Umiya Dham, Bhandara Road, Nagpur
29-31 December 2016,
Resolution – 02
Subject : Resolution on Uniform Civil Code
Most of the countries of the world, including many Islamic countries, have Uniform Civil Code in place. The Board of Trustee and Management Committee of Vishwa Hindu Parishad are of the view that a Uniform Civil Code is indispensable for the unity, integrity, solidarity and religious harmony of the country. The makers of the Indian Constitution had talked about “One Nation One Law” but, the fact that this has not happened, is not only a matter of insult of the judiciary, the constitution & human values but, also a great disrespect to the values espoused by Dr Bhim Rao Ambedkar, the framer of our Constitution.
In all these years, nothing has been done by the so called ‘secular’ Governments to enforce a Uniform Civil Code. Due to the appeasement policies of these pseudo-secular parties, even the Indian Penal Code could not remained Uniform. In the case of Shah Bano, even section 125 of the Indian Penal Code was not spared and a landmark judgement was overturned by the Parliament thereby depriving a section of Indian women of their inalienable rights as a woman. Whenever either the judiciary advises the government or a deprived woman calls for a Uniform Civil Code, then a conspiracy is hatched whereby this call for the Uniform Civil Code is drowned in illogical arguments. These conspirators then go to town saying that India is a multicultured country & everyone has a right to practise their religion. Whereas some argue that no changes should be made as long as the Muslims don’t agree to it. A section of the muslims thinks that the Uniform Civil Code is a direct assault on their Shariat. The Trustee Council and Management Committee of the Vishwa Hindu Parishad strongly opposes all these three arguments. These people must understand that customs and traditions are different from what we call religion. Bringing about reforms in the customs does not amount to any kind of interference in any religion. The laws that have been enacted in the country have not been done by way of referendum of any particular community. They are made in accordance with the needs of the society and the nation. Customs and traditions which are abusive in nature and are outdated cannot be justified in the name of religious scriptures or injunctions. It is really unfortunate that the “multicultural” argument is given only when the issue of muslim laws comes up. However, when the government interferes in the law of the majority, this same argument of diversity is swept under the carpet.
Even the Directive Principles of State Policy, under Article 44 of our constitution, specifically asks the government to have one law for all when it comes to personal laws. In May 1995, the Supreme Court, in a judgement on atrocities on women and national unity, had directed that the Uniform Civil Code be implemented compulsorily while observing that its non-implementation reeks of atrocity towards the community and not liberation. In the absence of the uniform civil code, the separatist mindset is being promoted. They do not hesitate to implement their Jihadi Agenda. Thus, their population has reached to the extent of explosion. The places where, the demographic balance got disturbed, the basic existence of Hindu Society is in danger. Many districts of Assam, West Bengal, Bihar, Kerala, Kashmir and Uttar Pradesh etc. had witnessed that not only Hindu Society but, the local administration has became helpless before these elements. Only the uniform civil code could have a check on the position of population imbalance and its explosion.
Indian Constitution is based on the principles of equality, there can be no discrimination on the basis of community in this country. This is a secular country and therefore there is no question of discrimination on the basis of religion, the constitution accepts everyone as equal citizens. Hamid Dalwai, a muslim thinker had said that “those who don’t accept a Uniform Civil Code, must accept a “second class citizen” status in this country”. Recently, when the Hon. Supreme Court and Allahabad High Court solicited suggestions on Triple Talaq, Polygamy, Halala and Maintenance of divorced women from the respective parties, the Muslim Personal Law Board and the secular politicians, while politicising and communalising the issue, even went to the extent of threatening the disintegration of the country. The whole world saw how the Hindu religious places of worship and villages were vandalised and attacked in Uttar Pradesh, West Bengal, Rajasthan, Kerala etc. during the processions of Milad-Ul-Navi/Bara-Bafat, as a result of this threat. The Kashmiri separatists who till now were talking of ‘Kashmiriyat’, have now changed tune and are talking of ” Islamic nature” of the valley and how they have taken up the challenge not to let this Islamic nature change. Now, even the Allahabad and Kerala High Court have talked about reforming the atrocious personal laws with regard to muslim women. The Madras High Court has gone to the extent of banning the Shariat Court. One can smell a whiff of reformist agitation in the muslim society. Muslim women are in favour of these reforms. Some enlightened muslim men too, are in favour of such reforms. The Vishwa Hindu Parishad is of the view that the reformist trend will get stronger and muslim women will no longer have to bear the brunt of the atrocious personal laws.
Uniform Civil Code has been in place in Goa for so many years and we have seen that there has been no problem thereat. However, it is indeed unfortunate that despite 69 years of independence, Uniform Civil Code could not be implemented in the rest of the country. The Board of Trustees and Management Committee of Vishwa Hindu Parishad propositions to the central government that a Uniform Civil Code be implemented for all the citizens of the country without any further delay. This will ensure the unity and integrity of the country and secure the human rights of all citizens. This will also put an end to the oppression of women and make all citizens of the country accountable to the constitution and the law of the land.
Adopted on Paush Shukl 1, Samvat 2073 Proposed by Dr. Surendra Jain – Rohtak
December 30, 2016 Seconded by Madhukar Rao Dixit – Goa