Debate without draft Uniform Civil Code is a non-issue, says ex-CEC K.Y. Quraishi

Chennai's CHENNAISASTRA Univ. School of Law held a panel discussion on the need for a UCC in India. Former CEC S.Y. Quraishi said most debate on UCC is based on ignorance. MP Manish Tewari said the Constituent Assembly had drafted a document for posterity, embodying the hopes & aspirations of a nation. Advocate J. Sai Deepak said the debate on UCC reveals the hypocrisy in Indian political discourse. The panel discussed the need for a UCC, its relevance & the impact of its implementation on all communities.

SASTRA University’s School of Law kickstarted a debate on the need or otherwise of a Uniform Civil Code (UCC) in the country by holding a panel discussion with former Chief Election Commissioner (CEC) S.Y. Quraishi, Senior Advocate Sajan Poovayya, Member of Parliament (MP) Manish Tewari, and advocate J. Sai Deepak in Chennai on Saturday.

Speaking at the event organised as part of the sixth edition of ‘Lawgical Connect’ at the University’s Chennai campus, Mr. Quraishi said: “Most of this debate, on which every child in the country seems to be an expert, is based on ignorance.” He was of the view that a national debate was taking place on a non-issue without there being even a draft UCC.

He said a majority of the people in the country had no clue about what civil rights were and yet wanting a UCC only on the basis of a shallow understanding of preventing Muslims from indulging in polygamy. “Polygamy in Islam by itself is a myth,” he said and pointed out that only one verse in the Quran refers to such practices.

The former CEC stated that most people read only half the verse which permits a Muslim to have four wives and conveniently ignore the other half that imposes a condition that all of them should be treated equally. He also said the holy Quran insisted upon marrying from among widows in order to ensure their safety.

“Allah says treat the widows and orphans equitably, be just to them, be fair to them, do not misappropriate their property, and ideally, you should marry two, three or four from among them. The words ‘from among them’ is important,” Mr. Quraishi said and highlighted that male deaths due to tribal warfare were common in the 5th Century.

Not many Muslims in the present era follow polygamy. So far, only one study had been conducted in 1975 on the status of the women in the country, and it found polygamy to be practised in all communities. “Maximum polygamy was among the tribals (15.24%) followed by the Buddhists, then the Jains, then the Hindus (5.8%), and the least was among Muslims (5.7%),” he said.

“I am a Muslim but I am not polygamous, though people may think I have many wives hidden in my house. Muslims are the least polygamous. Unfortunately, they think it is a right given by their religion, and so they are willing to die for this right which they do not even practice. So, I tell them that if you do not practice polygamy then why don’t you ask for its abolition?” he added.