Dinesh Kamath's Editorial 'Constitution is Supreme' that was published in Newsband

Constitution is Supreme

Personal laws should be in conformity with the Constitution. Practices such as triple talaq and polygamy impact adversely on the right of women to a life of dignity. There is a strong case for these practices to be invalidated. Personal laws of religions not within the scope of judicial review and not subject to the Constitution should not be accepted

Since age old times, the patriarchal society which is practised extremely in some religions, has made utter misuse of the liberty of life of a woman who are also born to live with dignity. Uniform Civil Code is the need of the hour. Every person irrespective of caste, creed should be treated equally when it pertains to Right to live with dignity. That's when it makes sense to Right To Equality guaranteed under the Constitution of India.

Polygamy is prevalent more among Hindus. The Hindus argue that Lord Krishna himself practised polygamy. One way they are right. You can do whatever you claim as spiritual or moral provided the Constitution allows you to do that. You can’t force somebody else to carry out those practises since Constitution has not made those practices mandatory for anyone.

It is not understood as to why we stick to those practices which date to hundred-thousand year back. We have to move with the times. Constitution permits people of India to practice and propagate the faith of their choice, as a fundamental right. Any law in a modern, secular, democratic republic has to be on the basis of equal citizenship irrespective of religion, caste, gender or any such arbitrary identity.

The idea that personal laws of religions should be beyond the scope of judicial review, and that they are not subject to the Constitution, is inherently abhorrent should also be extended to inheritance as well so that we can get rid of all the complexities and make law understandable and justice easily accessible to all the citizens.

Discrimination in one religion is over-emphasised while in another under- played. If the problem of discrimination were to vanish, the practices of all religions, regardless of Hindu or Muslim, should be eradicated for equitable society. There are many outdated and anachronistic practices which are strongly defended in India. The change should come from within. Forward-thinking men and women from the community should bring about the change in the mindsets of the people. When such changes are forced by any legal or constitutional means, it will only lead to fiercer resistance. Hindus have moved on from sati - a change that happened from within.

The Centre’s stand that religious personal laws should be in conformity with the Constitution is a good move. The Centre has raised the question whether constitutional protection given to religious practices should extend even to those that are not in compliance with fundamental rights. Hindus stopped “Sati sahagamanam” and encouraged widow remarriage which are against laid down principles at that time.

In a country like India where Constitution is supreme to anything these practices must be stopped. Freedom to practice religion cannot be done at the cost of fundamental rights of a citizen. India cannot be called democratic country if these practices are not stopped.