Wednesday, September 5, 2018

Dinesh Kamath's Editorial 'Need for reform of laws' that was published in Newsband


Need for reform of laws
The Law Commission has advised to end discrimination in personal laws. There is need for reform of family laws. There is a need of establishing a body of civil law that promotes equality within the law governing each community. The removal of discriminatory provisions is necessary. The law could be related to marriage, divorce, succession and adoption in all religions.
The Law Commission’s report is founded on the idea that “the mere existence of difference does not imply discrimination, but is indicative of a robust democracy.” While calling for a wider public debate on its views, the Law Commission has framed the issue in the most reasonable way possible. It has dealt with laws that are discriminatory rather than providing a uniform civil code.
In a world that increasingly heeds cultural diversity, it is unnecessary that every aspect of personal law should be dealt with in exactly the same manner. A just code is one in which universal principles of equality, non-discrimination and avoidance of taboos and social assumptions are applicable in equal measure within every community’s set of laws.
Try to deal with the laws which are discriminatory within every religion and try to solve any such problem. It is better to bring in the uniform civil code but, only after reaching consensus on debating the issue on the whole. So, that it doesn't fail like the issue of triple talaq.
Earlier leaders like Nehru, Indira were never or not so much questioned about any policy matters. Now everyday new activists - a research scholar - are born. Easy way to be in the limelight; you require some backing, background
Coming back to the subject, simply pass a law that all Hindus should follow shariat laws and or biblical canons. They cannot protest or do anything. Then there will be uniform civil code if the minorities agree between them which of their laws must be followed by the majority.
The members of Law Commission are noble men who believe in the goodness of the people but simply forget the truth that in India and in the world in general no persuasive efforts ever work. In India it never works at all and if a measure is a good one needed for the nation it has to be imposed. That is the simple truth as otherwise the persuasive approach will last in eternity.

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