Common Civil Code in India

[GNANA SUNYAM]

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Honorable members of the forum,

Please share your views on the pros and cons of a Common Civil Code in India.

Thanks.

 

[Raji Ram]

Are all our frequent writers scared to comment about the sensitive issues like triple talaq??

What I feel is that women should be given equal right in this issue!

Why not???

 

[vgane]

There is another thread running on same topic...Some have already commented

http://www.tamilbrahmins.com/showthread.php?t=34045

 

[krish44]

Many are caught in relationships which do not work out.

Our courts are very slow in deciding divorce cases.

Even with mutual consent and living apart for the mandatory period , the cases take 3 years plus for a decision.

If an easier option is provided in all religions for release, it ought to be welcomed.

But it need not go to extremity either of saying talaq three times and walking off .

In muslim law marriage is just a contract. In event of talaq , the meher fixed at marriage is paid to wife.

This easy dissolution perhaps prevents other atrocities against women.

Since muslims are allowed upto four wives, the man is under no compulsion to give talaq to marry again.

Even women can apply for 'khulla' ie separation which is easily granted.

 

[Raji Ram]

There is another thread running on same topic...Some have already commented

http://www.tamilbrahmins.com/showthread.php?t=34045

It is in the News and updates forum.

May be no one wants to enter in general discussion!

 

[krish44]

Discuss we must . That too freely. We are not fighting election to worry about vote banks.lol

 

[Raji Ram]

Dear Krish Sir,
Thank youfor the clarification. I knew about Khula only now! :ranger:

This is what Wiki says:

''Khula (Arabic: خلع‎‎) is the right of a woman to seek a divorce from her husband in Islam for compensation

(usually monetary) paid back to the husband from the wife.''

Is it in practice? Any idea?

 

[krish44]

IMHO we can have common codes if our courts work to a time frame for granting divorce.

For men it does not make difference.

Mostly women approach divorce courts.

Prolonged cases is detrimental to future of girls wanting to get out of relationship and make a new future.

Personal law relating to marriage and separation is something close to people following any religion.

If someone tries changing that, they see red and are up in arms.

Even in hindu religion, we consider marriage as sacred and look down on women asking for divorce.We say' kallanalum kanavan pullaanalum purushan ' to stress on


sanctity of relationship. This is also an extremist view.

So what we have is a common code which is a hotch potch not satisfying any hindu orthodox or liberal. Orthodox are horrified, liberal are disgusted at the slow pace

of justice and prolonged litigation.. Why thrust it on others when we cannot accept or implement our code effectively.

Best it is to leave other religions alone and live with their bad marriage or separation laws. Well there is a price that they have to pay for following their religion.

 

[krish44]

Dear Krish Sir,
Thank youfor the clarification. I knew about Khula only now! :ranger:

This is what Wiki says:

''Khula (Arabic: خلع‎‎) is the right of a woman to seek a divorce from her husband in Islam for compensation

(usually monetary) paid back to the husband from the wife.''

Is it in practice? Any idea?

It is very much in practice but not very common.

Khula gives the option to women also to reconcile with husband during what is called 'Idda' period and then what she has undergone is not treated as talaq.

 

[prasad1]

Constitution of India should be the supreme law of the country. All religions must abide by it. It should be just and should apply equally to all citizen and non-citizen living within the country.

 

[krish44]

Constitution of India should be the supreme law of the country. All religions must abide by it. It should be just and should apply equally to all citizen and non-citizen living within the country.

very idealistic.

Is anything equal in india?

There needs to be urgency in decision making and implementation.

When judicial system moves at a snails place, why condemn more to run to it.

Minorities can follow their religion which gives them fast relief in bad marriages.

A quick talaq is a blessing for women.

If the choice is between halal and jhatka, the latter is better.

 

[vgane]

Constitution of India should be the supreme law of the country. All religions must abide by it. It should be just and should apply equally to all citizen and non-citizen living within the country.

I agree with this 100%!

 

[GNANA SUNYAM]

.....

Well there is a price that they have to pay for following their religion.

Very good point sir!

 

[Raji Ram]

When a tambrahm girl was divorced by her husband, the court ordered his parents to return

all her jewels + Rs. 17 lakhs spent on her wedding, to her parents. She remarried very soon!

 

[GANESH65]

The article in the following link gives a fair amount of information of Triple Talaq and its constitutional validity. It also gives a fair idea why Common civil code is need of the hour.


http://www.legalindia.com/constitutional-validity-of-triple-talaq/

 

[GNANA SUNYAM]

Constitution of India should be the supreme law of the country. All religions must abide by it. It should be just and should apply equally to all citizen and non-citizen living within the country.

In an interview in Times Now news channel, Arnab Goswami asked controversial IAS Officer Uma Shankar, 'Is your scripture greater than Constitution of India?', Uma Shankar boldly replied 'For a Hindu Bagwad Gita is greater than Constitution of India, likewise for me my scripture is greater than Constitution of India'.

Is it acceptable sir if Common Civil Code violates any principle of Gita or, for that matter, of any hindu scriptures?