Updated date:

India Can Never Be One Nation Without a Uniform Civil Code and Abrogation of Article 370 for Kashmir

Author:

MG is a service officer and now a senior corporate advisor. A prolific writer with thousands of articles and publisher of 6 novels.

indiacanenevrbeonenationwithoutauniformcivilcodeandarticle370

Background

India is a nation divided by religion. The sad part is that this division is perpetuated by the Indian leadership( Read Congress Party) who have ruled India for 60 of its almost 72 years of independence which came on a platter in 1947.

In 1946 with independence around the corner the task of drafting a constitution was given to a constituent assembly led by Dr. Ambedkar. The committee chose the West Minister model of a Parliamentary democracy for India. The constitution also framed as its preamble the aim of the Indian state referred to as the ‘Directive Principles’ to govern the republic. The Directive Principles is the cornerstone of the Indian constitution and lays down the path the Indian state is to follow.

Uniform Civil Code.

One of the directive principles framed under the aegis of Dr. Ambedkar is that the state shall enact a uniform civil code for all citizens of India irrespective of caste, religion or creed. This was a very farsighted provision and laid the path for the unity of the Indian state. Thus the requirement incorporated in the directive principle is that all citizens of India be it Hindu, Muslim, Sikh or Christian are to have a uniform civil code including marriage.

Nehru and the Uniform Civil Code

The first Indian Prime Minister Jawaharlal Nehru was almost half Muslim. His daughter Indira Gandhi had married the son of a Muslim. There are rumors that Nehru was soft towards Muslims. He was thus averse to Muslims being brought under the purview of a Uniform Civil code. Many enlightened Muslim leaders tried to convince Nehru that Muslim marriage laws were archaic, but Nehru did not budge from his stand.

The Hindu Marriage Act 1955

In 1955 the Hindu marriage act was passed and Hindu law was superseded. The act was made applicable to Sikhs, Jains, Parsi and all others except Muslims. Thus the norm of one wife was passed for all communities except Muslims, who were allowed to carry on with their marriage laws of 4 wives and triple talaq, which is stopped in many Muslim countries like Turkey and Egypt. In India Nehru did not make this act applicable to Muslims and thus sowed the seeds of a division of Indian society.

Muslim Marriage Laws and Division of Indian Society

Nehru with his misconceived notion of Secularism allowed Muslims to have their own laws of marriage which were based on the Sharia. This allowed the Muslims to have 4 wives and also divorce by triple Talaq (repeat the word Talaq 3 times, even on phone). This was a travesty of the Directive Principles enshrined in the constitution.

This creation of a special class militated against the unity of India. Muslims now began to think more of Pakistan as their home than India, though Pakistan was not ready to accept them. Muslims also went out of the mainstream of India and became introvert and economically backward.

Article 370 of the Constitution

Nehru had a warped way of looking at the polity of India. He was a Kashmiri and had strong Muslim connections. He introduced Article 370 in the Indian constitution and got it passed, despite the opposition of Sardar Patel the Home Minister. Article 370 gave a special status to the state of Jammu and Kashmir and ensured that the state would never be integrated fully with India.

Nehru wished to keep the demographic profile of Kashmir as a Muslim majority state and as such refugees coming from Pakistan were not allowed to settle in Kashmir. This was a blunder of the first magnitude and later led to an insurrection against the Indian state.

Article 370 also had many obnoxious features like no Central laws were automatically applicable to Kashmir unless approved by the state legislature.

Creation of the Kashmir problem

Article 370 not only thwarted the state's accession to India but also created the Kashmir problem. Pakistan pointed to it as the Indian acceptance that Kashmir was not an integral part of India. Nehru further committed a folly of agreeing to a plebiscite in Kashmir. With a Muslim majority, Kashmir was bound to vote for accession to Pakistan. Later he tried to backtrack but the damage had been done.

India as One nation

Over the past six decades, these two issues have continued to bedevil the Indian nation. The point to be noted is that the uniform civil code is applicable only in the areas ruled by the British and in Portuguese ruled areas like Goa, a uniform civil code is enforced and Muslims have accepted it. Thus had Nehru enforced the uniform civil code in the rest of India there would not have been much opposition. It was just extending the Goa pattern to the rest of India

The Future

The BJP in its manifesto has talked of both these contentious issues and one hopes that in case the BJP comes to power and has a 2/3rd majority the issues of article 370 and uniform civil code may be solved and India becomes one nation. Otherwise, this state of affairs will continue and the Congress party will carry on its vote bank politics.

Latest Position

History is a dynamic process and nothing is static. The Congress in two subsequent elections in 2014 and 2019 was routed. The BJP, the Hindu revivalist party led by Narendra Modi was voted to power and it promptly began to undo the historical wrongs of Nehru and the Congress party.

The BJP has abolished triple Talq and made the crime a cognizable offense with a jail term for 3 years for any Muslim who practices it. The BJP has also abolished Article 370 and by corollary Article 35a of the constitution. The state has been converted into a union territory and on the road to integration with the mother country. The ghost of Nehru has been laid to rest. One hopes that a uniform civil code will also be a part of the reforms in the years to come.

Latest Position

History is a dynamic process and nothing is static. The Congress in two subsequent elections in 2014 and 2019 was routed. The BJP, the Hindu revivalist party led by Narendra Modi was voted to power and it promptly began to undo the historical wrongs of Nehru and the Congress party.

The BJP has abolished triple Talq and made the crime a cognizable offense with a jail term for 3 years for any Muslim who practices it. The BJP has also abolished Article 370 and by corollary Article 35a of the constitution. The state has been converted into a union territory and on the road to integration with the mother country. The ghost of Nehru has been laid to rest. One hopes that a uniform civil code will also be a part of the reforms in the years to come.

Comments

MG Singh (author) from UAE on May 02, 2014:

Thank you suzettenaples. So nice of you to have commented

Suzette Walker from Taos, NM on May 02, 2014:

This is very interesting. I had no idea of the background of Indian politics and the effort to unify the country. It is sad that Nehru backtracked and did not carry through the unified civil code. This hub was very enlightening.

MG Singh (author) from UAE on April 30, 2014:

Thank you Audrey Howitt. for commenting.

Audrey Howitt from California on April 30, 2014:

This was very interesting. As I was reading, I realized how little I really know about Indian politics and history

MG Singh (author) from UAE on April 27, 2014:

Thank you DDE for a lovely comment

Devika Primić from Dubrovnik, Croatia on April 27, 2014:

You have summed it so nicely and created an informative hub indeed.

MG Singh (author) from UAE on April 23, 2014:

Thank you Promod for your valued comment

pramodgokhale from Pune( India) on April 23, 2014:

Both issues are contentious and even after 1971 war of Bangladesh Indira had a chance to resolve these issues but she avoided for the sake of vote bank politics.

Congress regimes were always soft on minorities issues but while handling Hindus they used to do with iron hands.

In 1985 Shahbano case we had chance to settle the issue but Rajiv then PM of India backed out. When priest dictate community means parallel government is functioning within country.

Russia and China they are very tough on national interests and acts ruthlessly , they neve compromise.

BJP will find hard to settle these issues but we should support them to resolve.

pramodgokhale

MG Singh (author) from UAE on April 22, 2014:

Deepsdmk, we can only hope for the best

Deepthi Mohana Kurup from Bangalore on April 22, 2014:

Hmmm.....Nehru and his blunders..but I am not sure how much Modi and his party BJP will work on article 370 and will work on the establishment of secularism in India. Their past record with secularism is also not that rosy.All the best.

MG Singh (author) from UAE on April 22, 2014:

Thank you Eric for a forthright comment

MG Singh (author) from UAE on April 22, 2014:

Thank you Billy. You are right

Eric Dierker from Spring Valley, CA. U.S.A. on April 22, 2014:

Damn these types of politics that lead to abuse of our women. Faith and doctrine of any sort that reduces even one human being below another is an abomination to humanness. Even if it takes violence to stop this violence I hope it comes soonest.

Bill Holland from Olympia, WA on April 22, 2014:

Well, good luck with that. Change of this magnitude takes time....I hope it comes soon to your country.

Related Articles