Stop Muslim polygamy, its 'heinously patriarchal' says Gujarat HC, pitching for a common civil code

Discussion in 'Politics & Society' started by Zebra, Nov 6, 2015.

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  1. Zebra

    Zebra Senior Member Senior Member

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    http://economictimes.indiatimes.com/news/politics-and-nation/stop-muslim-polygamy-its-heinously-patriarchal-says-gujarat-hc-pitching-for-a-common-civil-code/articleshow/49683665.cms

    Stop Muslim polygamy, its 'heinously patriarchal' says Gujarat HC, pitching for a common civil code


    By Saeed Khan, TNN | 6 Nov, 2015, 10.36AM IST

    AHMEDABAD: The Gujarat high court on Thursday made a strong pitch for a uniform civil code and called for the abolition of polygamy in Muslim society in India as it's a "heinously patriarchal" act.

    The court recommended an amendment of Muslim personal law saying that in this day and age, the practice of polygamy is often driven by selfish motives.

    "On the basis of modern progressive thinking, India must shun the practice (of polygamy) and establish a uniform civil code," said Justice JB Pardiwala, while adjudicating on a petition by a Muslim man who faced bigamy charges after marrying for a second time without his first wife's consent.

    The man was charged ?under section 494 of the IPC, for bigamy, but his second marriage is valid as per Muslim Personal Law, so he could not be prosecuted for bigamy.

    Justice Pardiwala had to quash the bigamy charges but while doing so, he said the practice of polygamy and unilateral talaq -- without te wife's consent -- violates the provisions of the Constitution. He quoted Article 44 of Part IV of the Constitution, which mandates that the state must "endeavour to secure for the citizens a uniform civil code throughout the territory."

    "If the state tolerates this law, it becomes an accomplice in the discrimination of the female, which is illegal under its own laws," the judge said.

    The Quran forbids polygamy if the purpose to marry more than once is self-interest or sexual desire, Justice Pardiwala said. "... It's for the maulvis and Muslim men to ensure that they do not abuse the Quran to justify the heinously patriarchal act of polygamy in self-interest," the judge advised.

    Citing history, Justice Pardiwala said that when the Quran allowed polygamy, it was for a fair reason. "The Quran allowed conditional polygamy to protect orphans and their mothers from an exploitative society... When men use that provision today, they do it for a selfish reason."

    The court said that abolition of polygamy in Hindu society was a progressive step and added that it could not be replicated for Muslims due to their "social backwardness then". But now, in a much-changed changed socio-economic scenario, "polygamy is going into oblivion" and monogamy is becoming the reality, the court observed.
     
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  3. Zebra

    Zebra Senior Member Senior Member

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  4. Nicky G

    Nicky G Senior Member Senior Member

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    The courts seem to be making noise towards UCC, and thank God for them since this weak government can't even get Land Bill and GST though, forget UCC.

    The only hope I see is if courts take it on themselves and direct government to implement UCC based on the directive principle on the constitution.

    Based on the criminal defamation affidavit that government gave against S Swamy, I am sure that if the courts ask this government for an affidavit on UCC, they'd oppose it because of their craven and weak nature.
     
  5. pmaitra

    pmaitra Moderator Moderator

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