Arun Pratap Singh
DEHRADUN, March 30:
Uttarakhand State Law Commission chaired by Justice Rajesh Tandon has recommended end to Triple Talaq. In its report submitted to the Law Commission of India through Principal Secretary Law and Justice, Government of Uttarakhand, the state law commission has mentioned Article 44 of the Constitution as the guiding principle of its recommendation. The Article 44 states that “The State shall endeavour to secure for citizens a uniform civil code throughout the territory of India.” The commission in its report has also read the Article 44 with the preamble of the constitution which provides that the ingredients of human rights are equal to the fundamental rights guaranteed under the constitution. The report further says that these ingredients are (1) justice- social, economic and political, (2) liberty- of thought, expression, belief, faith and worship, (3) equality of status and opportunity and (4) fraternity assuring dignity of individual and unity and integrity of nation.
The report mentions various aspects of Mohammedan law on marriages but adds that time had come for the intervention of the legislature in these matters to provide for uniform civil code of marriage and divorce and to provide by law for a way out of unhappy situations in which couple find themselves in. Quoting several past judgements in various courts of India and other countries like Jordan, the Commission expresses regret over the fact that the Article 44 has remained a dead letter.
The report further feels that a common civil code will strengthen the national integration by removing disparate loyalties to laws which have conflicting ideologies. The State commission however concedes that no community is likely to bell the cat by making gratuitous concessions on the issue and therefore it recommends that the onus was on the state to take up the duty of enforcing uniform civil code for the citizens of the country.
The commission felt that there was no necessary connection between the religion and personal law in any civilised society. It further points out that Hindus, Sikhs, Buddhists, Jains and Christians in India have already forsaken their sentiments for the cause of national unity and integration.
The State Commission strongly feels that Triple Talaq is violation of provision under Article 21 under which constitutional protection is given to every citizens especially to women. It felt that this violates the spirit of the Holy Quran under which divorce has been discouraged unless it is necessary and the Triple Talaq is violative of the human rights of the women. It felt that in the light of various past judgements, a law ought to be framed for dissolution of marriages irrespective of the religion. The report mentions that Triple Talaq is not uniformly accepted and followed in all the sections of Muslim societies and terms it as cruel and demeaning form of divorce. The report also mentions the slogan of Prime Minister Narendra Modi, “Sabka Saath Sabka Vikas” and recommends it to be followed in letter and spirit.