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'Uniform justice is the need of the hour, not code'
Sunday, August 17 2003 16:50 Hrs (IST)
Kolkata: The former Union law minister, Ram Jethmalani, on August 17 termed as 'unnecessary' the
debate over introduction of a uniform civil code in the country and said what the country needed
was 'uniform justice' for all its citizens.
"Let us not waste our time and energy on uniform civil code. There are more important issues to be
taken up. What the country needs is not a uniform civil code but uniform justice," Jethmalani, an MP,
said.
Noting that it would be difficult to formulate a uniform civil code in view of huge differences between
personal laws of various communities, the veteran lawyer said, "I don't believe such a move will do any
good to enhance the national integration and unity."
Referring to the Article 44 of the Constitution, he said, "It only says that a state shall endeavour to
secure for its citizens a uniform civil code, which does not mean such a code be enforced upon the
people by the government."
He, however, criticised the Muslim Personal Law Board for their opposition to the proposal ''on religious
grounds''.
"I defer with the Muslim Personal Law Board which says that the Shariat Laws are part of their religion. Is
it the God who rules people by formulating laws for all time to come? Those who think like that should
think rationally."
Jethmalani, who was addressing an interactive session on the ''Uniform Civil Code'', organised by the
Centre for Peace & Progress, also called for modifying the personal laws of different communities to suit
the changing times.
Citing the instance of modifications effected in Hindu succession laws and other Hindu personal laws in
1955 by taking in inputs from Muslim and Christian personal laws, Jethmalani said that the Muslim
personal laws could also be modified in similar ways "so that you finally have uniform just laws in every
community".
He, however, pointed out that much of the community laws, except those relating to inheritance and
marriages, had already been done away with after introduction of common penal code and criminal laws
during the British regime in pre-Independence era.
Speaking on the occasion, Justice K M Yusuf, chairman of the West Bengal minority forum, said it was
almost impossible to draft such a code given huge differences existing in practices and personal laws of
various communities.
Col Sabyasachi Bagchi, member of the intellectual cell of state Bharatiya Janata Party (BJP), on the
other hand, stressed the need for introduction of a uniform civil code "to establish the Indianness in the
society at large".
PTI
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