Joe, you are very wrong on the Civil Rights Code.
Would you support that today Hindu men are allowed to have polygamy? Would be allowed to simply say Talaq 3 times and walk away from their marriage? Would be allowed to walk away without giving their fair share to the divorced woman?
If your answer is yes. Then i would agree with your assessment of things being left to the Community. Because in Bangladesh, Hindus are allowed Polygamy.
Ironically they cite the same reasons that Muslims cite in India to keep the old male chauvinist laws in place as it benefits the thekedaars of the community.
I would appreciate a very direct answer to my question.
A very direct answer would start by pointing out that we must get basics right first - there is no such thing as a Civil Rights Code under discussion. We are not discussing Civil Rights here; we are discussing a Uniform Civil Code, an entirely different thing.
If I could digress a bit from the
very direct answer, and I am only being mildly sarcastic here, I would remind you of what a wise man once said, a saying that we quote when it suits us, but forget in the heat of the discussion, and allow our true feelings to emerge:
Religion is regarded by the common people as true, by the wise as false, and by the rulers as useful.
What is your point of view, that of the common people? In which case your protests and arguments are fair. That of the wise? In which case, all this is futile, and we should be putting severe restrictions in place on religion. That of the rulers? In which case, you should join me in my point of view, and allow religion to play out its role in the life of the common man, staying away from it until it can be weakened sufficiently through secular education to be surgically removed.
I believe that a society that allows polygamy should allow polyandry as well (both Hazaras in Afghanistan and some of the hill tribes in India still practise it).
A minority of the Kinaauri's still claim to be descendant of the Pandavas and thus justify the practice of Polyandry. However this is a debatable issue as Kinnauris existed much before the Pandavas as mentioned in the epic. Apart from Kinnaur, Polyandry was practiced by some south Indian tribes, prevalent among the Todas of Nilgiris, Nairs of Travancore and Ezhavas of Malabar. While polyandrous unions have disappeared from the traditions of many of the groups and tribes, it is still practiced by some Paharis especially in Jaunsar Bawar region in
Unfortunately, we do not have a purely secular society like France. As Doc said when he was pointing out the errors of my ways, Indians are a noisy, extroverted people and enjoy their religious festivals, each and every one of them, right out in the open, no matter who else is happy about what is going on, or is unhappy. There is a huge amount of latitude given to the religious, in every aspect of daily life, which impinges directly on our daily civic life. Which other country allows a place of worship to start from a daub of colour on an anthill and to end with a marble temple in the middle of a busy road? As long as we do not have secular values
within ourselves, we cannot hope to harmonize civic life. And if we cannot harmonize civic life, it is difficult to understand how we can legislate on religious matters, beyond a point.
Your points: no, I do not believe any Indian should practice polygamy. Period. Whatever his religion. But until secular values are instilled, I believe that we should live with the status quo. If we encourage the religious faction within a community for over sixty years of life as an independent nation, and discourage the secular elements within that community, we cannot suddenly turn around and say to the whole community, "It's time up. From tomorrow, all of you get to act secular." That doesn't compute. Then the ruling party should not have encouraged the mullahs, and every other party followed them slavishly. In my own state, there is insufficient money for building schools, roads and drains in the Maoist areas because that budgeted money has been diverted to a new, bright idea by the Chief Minister, to increase the fees of Maulvis (Hindu priests don't get paid, btw). You can't have half the country pulling one way and the other half pulling the other way. First you get rid of the state interfering in religion for politics to seek votes, then you get rid of religious feeling dominating a community, then you get rid of religious rules which are patently anachronistic, by appropriate legislation, by an act of the state which is seen to be fair and equitable. Short cuts won't work.
Similarly, I don't believe that men should be allowed to divorce women except through due process; that should read 'men
and women should be allowed to seek divorces'. And nobody is allowed to walk away without giving a fair share to the divorced woman; I thought my post about the judiciary in India had made that quite clear.
What Polygamy in Bangladesh has to do with India is not clear. If they did not pass the Hindu Marriage Act or its equivalent, then the legal position is that men can marry more than once. More than four times, if it comes to that. But they didn't pass that act, we did, so why the confusion? What has their behaviour got to do with us? We have to deal with what we have, and we have personal codes running which are applicable on all personal matters, adjudicated by the courts.
So to answer your question, reforming one community should not make that community
resent others that have not been reformed, for Pete's sake; the reformed community should be feeling proud and smug about it. Instead, it is incredible that the vast bulk of people posting who belong to the reformed community, according to the tenor of their posts and the glimpses of their points of view, are actually envious of the others, who have
not been reformed. A case of, "My tail has been cut off, why should you retain yours?"
Don't you find that incredible social behaviour? I would appreciate a very direct answer to my question.