Wellington, May 16, 2020
People with extremist views hide behind the guise of ‘Secularism’ or ‘Human Rights’ or ‘freedom of speech ‘in countries where people are allowed to exercise their rights.
That is now the trend around the world.
Officially, India is a ‘Secular’ nation.
It has no official state religion, although they should have opted for one when India became independent in 1947. Even thereafter, they decided not to do so, unlike countries like Pakistan, Bangladesh, United Kingdom, Sri Lanka and Sweden, to mention a few.
It is a well-established fact that India has had a rich history of tolerance towards people of other religions – Jews, Christians and Muslims who have sought ‘shelter’ or a safer haven away from persecutions from different countries.
Laws and religions
Is it secular to have different laws for different religions in a secular country?
I always question myself what is Secularism and its ethos, but every time I failed to understand.
In my view, the thought of Secularism is to have a liberal and equal society but in today’s world, the whole idea is compromised and overshadowed by appeasement politics and mostly misused by extremists.
Secularism has always inspired modern India In practice, unlike the notions in the Western world.
In terms of law, Muslim Indians have Sharia-based Muslim Personal Law, while Hindus, Christians, Sikhs and other Indians live under common law.
Equality of Law violated
The applicable code of law in modern India is unequal.
India’s personal laws on matters such as marriage, divorce, inheritance, alimony varies with an individual’s religion. One cannot deny that India’s acceptance of Sharia and religious laws violates the principle of Equality before the law.
If these influences were not curbed, there is a danger that it could creep into what we consider to be common laws for the sake of the greater good of communities against inequalities and the rights of humanity and what Secularism is supposed to represent.
Therefore the larger question is, if India is a secular nation, why are there parallel bodies which stand against the ethos of Secularism such as the following?
All India Muslim Personal Law Board
The All India Muslim Personal Law Board is a private body constituted in 1973 to protect Muslim personal laws.
Their primarily focus is to defend the Sharia laws from any law or legislation that they consider infringes on them. It is a recorded fact that their Board has also objected to the Right of Children for Free and Compulsory Education Act, 2009 as they believe it will infringe on the Madrasa System of Education. It has also supported child marriage and opposes the Child Marriage Restraint Act.
The Board also presents itself as the leading body of Muslim opinion in India, a role for which it has been criticised.
Central Waqf Council
Central Waqf Council is an Indian statutory body established in 1964 under Waqf Act 1954 for advising it on matters pertaining to working of the State Waqf Boards and proper administration of the Waqfs in the country.
Waqf is a permanent dedication of movable or immovable properties for religious, pious or charitable purposes as recognized by Muslim Law, given by philanthropists. They have acquired land by applying all corrupt practices and by virtue of that they now have the biggest land banks in the country while the so called secular governments were busy in appeasing them.
These practices are full of scams on a bigger scale like that of The Karnataka Waqf Board Land, which concerns alleged misappropriation of ₹2000 billion (US$ 28 billion) in Indian property funds, made public by a report submitted by the Karnataka State Minorities Commission in 2012.
I failed to understand why no one has filed a petition against those draconian laws, in order to put a complete full stop on these unconstitutional practices. (Not vouch for if the petitions has been filed in the past).
Uniform Civil Code
Uniform civil code is the ongoing point of debate regarding the mandate of the Indian Constitution to replace personal laws based on the scriptures and customs of each major religious community in India with a common set of rules governing every citizen.
The demand for a Uniform Civil Code was first put forward by women activists early in 20th Century, with the objective of women’s rights, Equality and Secularism.
Till Independence in 1947, a few law reforms were passed to improve the condition of women, especially Hindu widows.
In 1956, the Indian Parliament passed the Hindu Code Bill amidst significant opposition.
After the passing of the Hindu Code bill, the personal laws in India had two major areas of application: the common Indian citizens and the Muslim community, whose laws were kept away from any reforms
Why has the Uniform Civil Code not adopted even after 73 years of independence?
So, I leave the question to the intellectuals to contemplate the question of why it has taken so long for the Uniform Civil Code to be embedded in a society that espouses to Secularism and yet allows these religious roots that do not benefit the fundamental rights of certain sectors of the community?
That appears to allow these anti-Secularism or common law expectations to go unchecked.
Moving forward, will we determine the legacy for future generations? Is it not toward fundamental human rights? Is it not toward giving a liberal voice to the vulnerable in our communities such as women and children? Do we not have an obligation, under Secularism to fight for that?
By doing so, we will not only protect equality in India but also lead a path for the rest of the world where such things are unchecked but soon will get out of control.
Dr Sudesh Wasoori migrated to New Zealand from Europe in 1997. With a doctorate in Engineering, his interests are varied. He was a member of the New Zealand Federation of Family Budgeting Services and currently serves as a Trustee for the Wellington Indian Association and the Immigration Committee of the New Zealand Indian Central Association.
