“One for all?”
Your editorial "One for all?” (Parsiana, November 7, 2016) about the Uniform Civil Code (UCC) contains words of wisdom which the government would be wise to bear in mind.
As you rightly write, "Most change has to be based on consensus, if it is to be meaningful and acceptable.” Also, "UCC would require the abolition of the Hindu Undivided Family (HUF), a legal institution that gives tax benefits only to Hindus. Would any government, especially a Hindutva leaning one, dare to abolish this privilege?” and "The present central government and the Prime Minister have endeavored long and hard to set the country on the path to economic growth. Any knee jerk action such as enforcing a UCC would reverse the process. Peace is fragile and ephemeral. One cannot, and should not, take it for granted.”
Just as the Hindus have the HUF tax benefits, Muslims, to this day, have the power to orally make gifts of immovable property, thus avoiding the heavy stamp duties and registration charges which other citizens have to pay. This is stated in Sir Dinshaw Mulla’s book Mahomedan Law (18th edition): "Writing is not essential to the validity of a gift either of moveable or of immoveable property… If the formalities prescribed by that law (are) not complied with, the gift is valid even though it is not effected by a registered instrument and though, where effected by an instrument, the instrument is not attested.” NADIR A. MODI
