Why there are different family laws for different religions in India if India is a secular country?

Question

In the USA and UK there is uniform legal system applicable to all the citizens equally.

Answer 1

In India in 1955 the marriage laws were clubbed together and incorporated in to one law but the Congress Party leader Nehru in order to appease the Muslim voters kept them away from its application. In the Constitution of India there is a directive principle of State policy expecting the Central government to legislate uniform civil code for the whole nation, but except the Bharatiya Janata Party, no one is in its support as it is opposed by the Muslim Mullahs. Such a legislation would liberate the Muslim women and the Muslim males would not be allowed to have more than one wife at a time. The system of divorce would also be not easy for Muslim men. It is a pseudo secular country where secularism is only used to cow down the majority Hindus.

This issue is more political than religious, hence it should have been in a different category, other than Religion and Spiritualism.

Answer 2

With the 42nd Amendment of the Constitution of India enacted in 1976,[1] the Preamble to the Constitution asserted that India is a secular nation. However, neither India's constitution nor its laws define the relationship between religion and state. The laws implicitly require the state and its institutions to recognize and accept all religions, enforce parliamentary laws instead of religious laws, and respect pluralism.[2][3] India does not have an official state religion. In matters of law in modern India, however, the applicable code of law is unequal, and India's personal laws - on matters such as marriage, divorce, inheritance, alimony - varies with an individual's religion. Muslim Indians have Sharia-based Muslim Personal Law, while Hindus, Christians, Sikhs and other non-Muslim Indians live under common law.

Answer 3

India is a pseudo secular state where the majority Hindus are discriminated by appeasement of the minority Muslims who unitedly vote a particular party and the Hindus are divided. The laws should be uniform in a democracy and positively secular state.

Answer 4

Secularism means religious tolerance. In India by allowing the separate family laws for each religion highest secular traditions are set for other countries to emulate. We should be proud of that .

Answer 5

There are 52 Islamic countries in the world. In how many countries the religious minorities are allowed to observe their rituals and rights? Why in India, a uniform law must not apply to all on equality basis since ours is a secular country.

Answer 6

Because India is a secular country, it pays respect to each and every religion and culture. Different riligion and cultures may have few ethics in contradiction with each other. hence we have different family laws for different religions. If the governemnt imposes same family laws for all, it may be showing kind of disrespect to some of the religions which would be against secularism. The laws are not pertaining to a single religion nor are they against any religion.

All the best...

:-)

Answer 7

India is a secular country; its constitution confers upon its citizens the fundamental right of professing and practising the religion of their choice. People of thousands of various castes & communities forming the Hindus are the highest majority, having their different customs, traditions, rites and rituals from place to place and state to state. Sikhs, Jains, Buddhists, etc. are also included by the Indian Government into Hinduism. Hinduism is not a religion to cover them all. Muslims, Christians and Parsis are in minority compared to the total Hindus, with definite specific religions, teachings & commands; and are bound to follow their religious laws. No religious person ever accepts or tolerates any pressure to abandon his religion and can go to any extent against such high handed & inhuman force, considering his death therein as a reward and good luck. National integration & solidarity requires that none should be deprived of his fundamental birth right of belief, faith and practising own religion. Citizens with religions shall not be restrained from their religions.
There is absolutely no concept of divorce & separation in Hindus who always ridiculed and condemned the Islamic law with such provisions. However in 1955 the Hindu Code was enacted by the Indian Government as legislated by the multi religious (Muslim, Christian, Jew, Parsi) members of Indian Parliament, obviously influenced by the Islamic law. The PM was sincere & honest enough to admit and accept this fact during his speech in Parliament debates.
The Hindu fanatics in the Hindu majority dominated secular governments have always been trying to deprive minorities of their rights of belief, faith and religion and to forcibly impose the Hindu culture, tradition, customs, rites & rituals upon them in the name of a Uniform Civil Code; yet neither succeeded nor will succeed at any time; despite indiscriminate and mass killing (massacre) of minorities, usually with consent and connivance of the Govt.

Answer 8

India is a secular country where minority appeasement by politicians has rendered the majority Hindus marginalized politically and socially. Gujarat is an exception because of a true Hindu is at the helm of affairs. But in Gujarat also the laws are the pro-Muslim central acts.

Answer 9

India is a secular country, That is why it allows everyone to follow their own religion without any hindrance. For example, take the issue of no of women a man can marry. There is a clear law that muslims can marry more than one as their religion allows. Hindus cant marry more than one. Today we have a Chief Minister, Union Minister who call themselves as Hindu, still have more than one wife. This is possible becos they marry only one. But have mistresses without legal marriage any no. of woman.
Muslims following their religion in no way will hinder others. Similarly hindu following his religion in no way will hinder other people. This is the reality and good for all the sections. Muslims women wearing head scarf will in no way create problems for others. It is their head and they are wearing it. How do you think it is affecting others. A new definition of secularism lik e this question will not solve any problem instead it is going to create more troubles.

Answer 10

Perhaps you should study U.S. family law. While there are some basics that are similar throughout, details vary state to state. For example, age of consent to marry, who you can marry ( in many states you can marry first cousines, in others you can't in some you can if you are infertile or with genetic councelling) , marital property laws, residency for divorce ( why everyone goes to reno to be divorced quickly) etc.
Family law is completly in the balliwick of the states unless it impinges on some fundamental right ( even fundamental rights were fair game before Griswald v. Connecticut ( that allowed doctors to tell married couples about birth controle)).
You may have a point about india, you know nothing of the US.