Delicate Issue To Be Handled Tactfully
New Delhi: Muslim Personal law is not above the constitution. When there is a conflict between the Personal Law and the constitution, the latter would prevail. And when there is conflict between individual rights and community rights the former would have upper hand.
It is time the govern adopted a firm stand. No doubt that the All India Muslim Personal Law Board (AIMPLB) had objected to the judicial intervention in the personal matters of Muslim community. It said after a meeting and deliberations on Friday that the Supreme Court ‘is trying to rewrite personal laws in the name of social reforms’. The AIMPLB had been supporting triple talaq and polygamy. The government should not yield. It may be criticised of trying to implement communal agenda, but shall not budge as Rajiv Gandhi government did in 1980s.
The political class in the country should shed hypocrisy and avert a Shah Bani case-type of reaction which was condemned by all progressive minded people as regressive. The political parties should be very clear that the personal law reform is different from uniform civil code. They should not mix up both and create confusion in the discourse leading to apprehensions among the Muslims. Union Minister for Information and Broadcasting M Venkaiah Naidu made it clear that the move came from the Supreme Court and not the government and the uniform civil code is not being touched. If the government is honest it should stand by the voiceless people of the community. Which means it should stand by the constitution and keep off the judiciary letting it to do its job of dispensing justice to the victims.