Kerala Governor Arif Mohammed Khan, who always takes a progressive position on the customs and practices of Muslims in the country, has come forward in support of the uniform civil code (UCC).
In an interview given to an English daily (New Indian Express), Arif Mohammed Khan said the UCC should be implemented in the country, not merely because it is part of the directive principles, but because the existing legal arrangement violates both the fundamental right of equality before law and equal protection of laws.
He claimed that the Left till 1990, was a vocal supporter of the UCC and gender justice and that he was surprised by the volte-face stance taken by the Left on the UCC.
“Since Left parties had earlier supported the UCC, I think they owe a duty to the people to explain why they have changed their stance so radically and now are ready to align with parties who were described by them as communal,” Governor Khan said
When asked about his opinion on the stringent criticism from various quarters against the Centre’s reported move to implement the Uniform Civil Code (UCC), he said, “We are a vibrant democracy and everyone has the right to give expression to her opinion. My stand is the same which is spelled out in the Constitution of India which makes it obligatory for the State to secure a uniform civil code for all citizens throughout the territory of India. I feel that UCC should come not merely because it is part of the directive principles but more importantly, the legal arrangement that exists violates the fundamental right of equality before the law and equal protection of laws.”
As regards the contention that once the UCC is implemented by the Centre, it would end up destroying the diverse fabric of Indian society, Governor Khan said, “After UCC becomes law, every group will continue to have the freedom to follow their own practices and customs but in case of any dispute if the parties decide to go to the court then uniform justice will be available and no one shall be discriminated against on the basis of her faith. Never forget that UCC is a civil law and no civil law forbids any action on the pain of punishment.”
When asked about his opinion on a few political parties, including the CPI-M and Muslim League, opposing the move to implement the UCC, terming it anti-women and anti-minority, he said, “Muslim League I can understand because they had raised this bogey even before Independence and had demanded the partition of India to safeguard the Muslim religion, culture and language. It is a different matter that after partition, the new dominion Pakistan changed these personal laws in 1962 and not only banned triple divorce but also placed restrictions on polygamy.”
What is surprising is the volte-face staged by the Left which at least till 1990, was vocal supporters of UCC and gender justice. In 1986, when I resigned from the Central government on the issue of Shah Bano, Mr EMS Namboodripad, Left parties and BJP had supported my stand. Since Left parties had earlier supported the UCC, I think they owe a duty to the people to explain why they have changed their stance so radically and now are ready to align with parties who were described by them as communal.”
Arif Mohammed Khan, who has been a proponent of gender justice and equal rights for Muslim women, said he is convinced that the Constitution of India does not allow the government to enforce religious laws as there is no unanimity in any religious community as the interpretations of various provisions differ and particularly among Muslims there are more than six schools of jurisprudence which are applicable to various groups who subscribe to these schools.
“In fact, Muslim Law is a misnomer; at best they can be described as sectarian laws which radically differ from each other. That explains why Muslim ulema are not able to codify the Muslim Law,” he said