Law panel seeks public views on uniform code, triple talaq

Amid a raging debate on uniform civil code, the law panel has sought public views on the subject to revise and reform family laws, saying the aim is to address social injustice rather than plurality of laws

By: PTI | New Delhi | Updated: October 14, 2016 12:00 pm
triple talaq, islamic divorce, supreme court, Muslim community, aimplb,india news,latest news In an accompanying questionnaire, the Commission has asked whether the existing personal laws and customary practices need codification and whether it would benefit people.

Should the practice of triple talaq be abolished and whether a uniform civil code should be optional, the Law Commission has on Friday asked the public seeking its response on these sensitive issues broached perhaps for the first time.

Amid a raging debate on uniform civil code, the law panel has sought public views on the subject to revise and reform family laws, saying the aim is to address social injustice rather than plurality of laws.

WATCH VIDEO: Muslim Law Board vs Government: Where The Battle Stands

 

In an appeal issued on Friday, the Commission said the objective behind the endeavour is to address discrimination against vulnerable groups and harmonise the various cultural practices even as it assured the people that the “norms of no one class, group or community will dominate the tone and tenor of family law reforms”.

In an accompanying questionnaire, the Commission has asked whether the existing personal laws and customary practices need codification and whether it would benefit people.

Should the practice of triple talaq be abolished, retained or retained with suitable amendments; and whether a uniform civil code should be optional are among 16 queries by the commission.

It has also sought to know whether the uniform code should include subjects like divorce, marriage, adoption, child custody, succession and inheritance.

It has asked people and stake holders as to whether a common code would infringe an individual’s right to freedom of religion.

WATCH VIDEO: Muslim Law Board Rejects Law Panel Questionnaire: Find Out Why

“The Commission hopes to begin a healthy conversation about the viability of a uniform civil code and will focus on family laws of all religions and the diversity of customary practices, to address social injustice rather than plurality of laws,” law panel chairman Justice B S Chauhan (retd) said.

He said responding to the demands of social change, the panel will consider the opinions of all stake-holders and the general public to ensure that the “norms of no one class, group or community dominate the tone and tenor of family law reforms”.

Justice Chauhan said in the appeal that the family law reform has to view women’s rights as an end in itself rather than a matter of constitutional provision, religious right and political debate.

Indicating need for wider consultation before taking a call on a uniform civil code, the government had in June asked the Law Commission to examine the issue.

Implementation of a common code is part of the BJP’s election manifesto.

The move asking the law panel to examine the issue assumes significance as the Supreme Court had recently said it would prefer a wider debate, in public as well as in court, before taking a decision on the constitutional validity of ‘triple talaq’, which many complain is abused by Muslim men to arbitrarily divorce their wives.

However, a section of Muslim leaders have opposed any move to abolish triple talaq and other personal laws.

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  1. A
    Abdul Ali
    Dec 19, 2016 at 10:17 am
    I do not favour common civil code
    Reply
  2. A
    Abdul Ali
    Dec 19, 2016 at 10:21 am
    The common civil code withdrawing personal is not acceptable by Muslims as their Personal Law is the law of God. If some body is misusing the law he or she is punishable but the law cannot be changed.
    Reply
  3. A
    Amarjeet K
    Oct 17, 2016 at 5:22 pm
    The Consution of India is supreme religion of Indian and it is protecting all religion. It take care for all religion so, it is mother of all religion. The minorities have got and enjoying special rights under the Consution of India. To protect the minority all should protect the Consution first. So, Consution shall prevail over all religion and belief. Nothing shall be allowed to override the Consution of India. No doubt the dissolving of marriage is their own choice of any individuals or religions, but rights of such dissolution of marriage should be equally provided without any gender or religion bias. Exploiting of the women in the name of any religion is nothing but impairment of same religion forever. Eradication of ‘Triple Talaq’ will surely help the mothers, sistes and daughters of the same religion. The supporter and supporting political parties for triple talaq butchering the women and women rights. So, triple talaq should go to protect the motherhood.
    Reply
  4. M
    Md Khan
    Oct 22, 2016 at 9:19 am
    1) First thing is every indian muslim or other religion per should know the way of giving the talaq as per saryit (muslim law). It is not as just saying talaq three time. lt;br/gt;2) Government of India should not interfer Muslim person law i.e. Saryit.
    Reply
  5. R
    R.Ray
    Oct 7, 2016 at 2:58 pm
    The biggest question is who is bigger ? MOULANAS or Consution of INDIA that has validated the complete equal status for men and women and surely not slavery for women. The biggest question is whether India is a Secular or Muslim Country that we have to validate a law that only brought atrocities for Muslim females. This is high time Supreme Court fix it for ever. The Govt and Chief Justice both should settle the matter once and for all.We the people of India would love to see that consution prevails over religious habits which has been cultivated with vested interest.
    Reply
  6. G
    Giridhar
    Oct 9, 2016 at 6:35 am
    I think those Muslims who approach secular courts for settling issues come under the purview of the secular laws..and they cant be considered as Muslims or say full Muslims..
    Reply
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