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Showing posts from March, 2024

Three Indian Laws - Part III: Uniform Civil Code

Universal Civil Code - Constitution of India The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion. Currently, personal laws of various communities are governed by their religious scriptures.They cover areas like- Marriage, divorce, maintenance, inheritance, adoption and succession of the property. Indian Constitution by Dr. Ambedkar During the drafting of the constitution of India, Jawaharlal Nehru and Dr B.R Ambedkar pushed for a uniform civil code. However, they were successful in implementing it due to opposition from religious leaders and a lack of awareness among the masses. They were able to pass the Hindu Bill of Code in the 1950s that aimed to codify and reform Hindu personal law in India, abolishing religious law in favor of a common law code.  These laws apply to all "Hindus", defined expansively to include Jains , Buddhists and Sikhs , The Muslims were...

Three Indian Laws - Part II: Citizenship Amendment Act - CAA

 The Citizenship (Amendment) Act, 2019 (CAA) was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act, 1955 by providing an accelerated pathway to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh and Pakistan who arrived in India by 2014. The eligible minorities were stated as Hindus, Sikhs, Buddhists, Jains, Parsis or Christians.The law does not grant such eligibility to Muslims from these countries. Indian Muslim Protest against CAA " The Citizen Amendment Act is a bigoted law that legitimizes discrimination on the basis of religion and should never have been enacted in the first place ... ", said Aakar Patel, chair of the board at Amnesty International India. Really? I suggest Mr. Aakar Patel reads the constitution of Pakistan which clearly states that the Constitution requires the president to be a " Muslim of not less than forty five (45) years of age ". So a non-Muslim can never be the Presid...

Three Indian Laws - Part I: Article 370-35A

 Modi government has implemented or in the process of implementing three new laws that is changing India from how it was conceived in 1947. It is disturbing for some while other welcome these laws as representation of the 'New India'. I am going to give my perspective on three laws: Article 370 of the Constitution of India Citizenship (Amendment) Act, 2019 Uniform Civil Code  Article 370/35A of the Constitution of India  Article 370 of the Indian constitution[a] gave special status to Jammu and Kashmir, a disputed region between India, Pakistan and China since 1947. Article 370 conferred on it the power to have a separate constitution, a state flag, and autonomy of internal administration. Map of Kashmir Article 35A was introduced through a presidential order (not a legislative process) in 1954 to extend Article 370. It allowed Jammu and Kashmir’s legislature to define who would legally be considered a permanent resident. It also gave the state the power to limit the righ...