Those opposing UCC have no confidence in Constitution, says Kerala Governor

Governor: Until 1990, the left parties in this country were advocating the enactment of a uniform civil code. When I resigned on the issue, the most vocal voice in my support was Mr. E.M.S. Namboodiripad. The other vocal voice was that of BJP leaders. So, a party that not only stood against the reversal of the judgment by the honorable Supreme Court in the Shah Bano case but also ferociously advocated the implementation of Article 44, which means a uniform civil code, has suddenly changed their position and is now criticising the move in various terms.

So, who is taking a political position? If the ideological position they had taken at the time of Shah Bano, even till 1990, was for a uniform civil code, and today they are singing a different song, then who is playing politics?

Governor: In Law and Constitution, the Article 44 says the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India. Now, we might face difficulties, and it may take time to mobilise public opinion and explain to those who oppose the enactment of a uniform civil code. We may need time to create conducive conditions. If someone argues that more time and preparations are needed, one can understand. But the Constitution does not allow us to go backward.

...as a party, they have never expressed any regrets or apologised to the nation. So, if they want to persist and ignore the provisions of the Constitution, then good luck to them.

Governor: So when the Muslim kings were ruling Delhi, Muslim law was not applicable. It was the Britishers who were really concerned that religious laws must be upheld because from the beginning, they wanted to assert that India is not a nation but a conglomeration of communities. In order to enhance community consciousness, they used language, caste, region, and most importantly, religion.

We will have to make difference between religion and the state. As far as the religion, religion gives you commands, they do not give you law.

Governor: I do not think among the common Muslims there is much confusion but the political vested interest, who wear religion on their sleeves...so that they can mobilize constituency in the name of religion, they want this distinctiveness, this exclusiveness or exclusive set of mind to continue, otherwise their constituency will come in danger. As far as the common Muslims are concerned, there is...there is so much which can be cited...how happy Muslim women were when this stupid divorce thing came to end. As father, as brother, as wife are you ready to accept polygamy for your daughter, for your sister? and wife will never accept it to the extent.

Law is there not to create uniformity in the sense how you are going to solemnize your marriage, what are your customs what are your rituals. Even Hindu code bill is applicable to Hindus, both Jains and Sikhs, has it been able to create uniformity? Not even among Hindus.

Marriages are solemnized in Uttar Pradesh in a different manner and in Kerala they are totally different. Even in Kerala there is so much diversity....We are not bothered about these. That is not a concern of the law, the concern of the law is in whatever way you have self solemnized your marriage.

What propaganda these people are doing is, if uniform civil code comes Muslims will not be able to solemnize the marriage through Nikah. Muslims will not be allowed to buried their dead. These are not the concerns of the law, the concern of the law is uniformity of Justice, delivery of Justice shall be uniform.

I think it is too late. My question is why not earlier? Why we are wasting time? Half of our population is involved, their rights are adversely affected and, no country...no society...we are like bird we cannot fly on one wing. Now women have proved in every sphere. Young girl...young Muslim girl from a village in Uttar Pradesh, not even from some elite family, father is a village tailor, and she gets into Air Force as a fighter pilot, what sense of Pride you have. So the government cannot change everything, but government's duty is to create conducive conditions where every individual's potential...every individual has the opportunity to realize her or his full potential.

Governor: I don't have anything, the only thing is I wish they had woken up before. I would like to ask if Muslim personal law is so integral to the practice of Islam, why Muslim people do not take a stand and issue a fatwa that no Muslim should live in countries where personal law is not enforced. Why everybody wants to run to USA? Why they are going to Europe then, where no personal law is there? Muslims can live as Muslims in the US and UK or in Pakistan without personal law but India is the only exception where they cannot if personal law is not there. What a mockery!