Justice Katju advocates uniform civil code

published on June 1, 2014

NEW DELHI: Press Council of India chairman Justice Markandey Katju has come out in strong support of uniform civil code, a controversial core issue of BJP, claiming one of the reasons for the backwardness of Muslims was that there was no modernization of their personal law.

“The issue of a uniform civil code has recently been raised. I am fully in support of a uniform civil code,” Katju, a former Supreme Court judge, said in a recent article.

He said Article 44 of the Constitution says “the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India”.

The Constitution was made in 1950, and 64 years had passed since it was promulgated, but Article 44 had been totally ignored, “obviously for vote-bank politics”, he said, adding that this had contributed to making Muslims backward.

Katju said Article 44 was in the Directive Principles, and not the Fundamental Rights of the Constitution, but Article 37 states that “the provisions contained in this part shall not be enforceable in any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws”.

Contending that he had always raised his voice for the rights of Muslims, Katju said, “In fact, one of the reasons for Muslims in India remaining backward is that there was no modernization of their personal law.”

Katju said in all modern countries, there is usually one common law for everybody and in India also there is one common criminal law.

“Nobody objected to that, though many of these laws are against the Muslim law. For instance, Muslim law provides for stoning to death for women committing adultery, but that would be illegal under the IPC,” Katju said.

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