India is a secular democratic country. Secularism means equal rights to everybody. The rights should not differ on the basis of sex or religion.
The fact that India is having different Civil Code for different persons based on their religion does not suite its secular state status. The two major laws that are governing the lives of most of the people of our country is the Hindu and Muslim law (Sharia law). Both these laws have varied approach to civil rights.
The marriage and divorce in Muslim law is one of controversial points that is male supportive. The concept of saying “Talak” three times will result in divorce without even the consent of the female partner. The alimony also needs to be given only for three months after divorce. These things are completely against the rights of women.
The guardianship is also a controversial issue. According to both the above said laws. The first guardian is the father and then the mother is the second guardian. This is completely against the right of the women towards her child.
The Muslim law allows a male child to get 3 times the female child of their family’s property. The HHiHindu law while it was not even asking for a share for the female child was later modified to allow equal partition of the wealth.
There is an article in our constitution that allows the old British laws to exist unless otherwise notified and the law allowing everybody to follow any religion of their wish. It is not the time for our government to rob in religious leaders, scholars and law makers to a common table and devise a new common civil code with the goal of giving equal rights to everybody.