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| Uniform Civil Code - A necessity | | A View point | | Omkar Dattatary
It is the irony of Indian society
and politics that even after lapse of seven decades of freedom, the directive principles of state policy enshrined in the constitution have not been translated into practice. These directions have merely remained pious wishes on the paper due to selfish political interests of the successive rulers and political parties. No sincere efforts were ever made to enact a common civil code for all Indians thanks to political expediency and shame secularism. Then if any political party favors or advocates for uniform code it is labeled as communal and fascist by the secular bosses and some self styled leaders of the minority community. Thus unnecessary hue and cry is created everytime a court pronouncement comes in favor of uniform code for all citizens. It is absurd and paradoxical that all important issues are politicized at the altar of power politics. Same holds good with this important issue of the societies far reaching importance. Article 44 of the Indian constitution provides that the state shall endeavor to secure for all citizens a uniform civil code throughout the territory of India. But in spite of such a clear direction the ruling elite to whatever party it belonged never allowed a legislation to incorporate uniform code. Some patriotic, progressive and nationalist forces have long been advocating enactment of such a law. Every time the apex court asks the executive to make efforts in this direction. The political parties particularly the secular brigade emotionalizes the issue and don't work towards making UCC a reality in India. Thus our political, social, economic and the legal system doesn't reflect the intents and purposes of the founding fathers of the constitution. Alas! We have failed to fulfill the dream of the architects of the constitution. The issue of common code should not be associated with majority or the minority community. It is necessary that political outfits and those championing the cause of UCC should not project it as a favor or a victory for majority community or a defeat for the minorities. The fact remains that the UCC will benefit all sections of the society and the women belonging to all faiths and sects. Some Muslim organizations and their woman leaders also favor such a law to effect a uniform code. There is no rational, logic and reasoning in criticizing the enactment of UCC throughout the length and breadth of India. Some years back a three Judge bench of the supreme court of India headed by Justice Khare has categorically expressed its favor for having its uniform code. It had suggested GOI to make efforts to give effect to article 44 of the Indian constitution. It was done while admitting and disposing a writ petition concerning the donations by the Christians to the church. It removed bar on such donations and held article 118 in so far as it relates to the restriction on the donations by Christians as discriminatory. In the same judgment Chief Justice Khare expressed his favor for having a UCC and asked the executive to take steps in this direction. This judgment is of far reaching significance when even the BJP has kept this controversial but core issue out of its agenda. Chief justice has observed that the architects of the constitution had laid down article 44 as it relates to UCC on the premise that there is no relationship between religion and civil life in a civilized and secular democracy. In all progressive, modern and liberal countries including the Muslim countries of west Asia, the same civil laws apply to all. The Muslim subjects of these countries have not objected to such civil laws there. But in India, unnecessary noises are created which only divide the people further. It was in year 1985 when the then chief justice of India Mr. Y.V Chandrachude while delivering his judgment in the famous Mohammad Ahmed shah Bano cases emphasized the significance of having a law on the basis of article 44 of the constitution in this behalf. The then former chief justice was of the opinion that such a common law will help in national integration. That verdict went in favor of the Muslim widow shah Bano for her maintenance. However, it had generated much heat, debate and controversy among political parties, government circles and more so among the stalwarts of the Muslim community. Unfortunately, it was taken by the Muslim by and large as an attack on their faith which it was not. Sadly the then PM of India Late Mr. Rajiv Gandhi buckled under pressure from shame secularists and some Muslim organizations and modified the verdict by constitutional amendment. This created hurdles in the implementation of common code. Justice Chinnapa Reddy had also once favored UCC while deciding another case. It was done perhaps for the cause of development of the spirit of oneness among all Indians. In the year 1995 a division bench of the Apex Court had also asked the government to ensure enactment of UCC. Thus Supreme Court verdicts and the opinions of the learned Judges had always created controversies on this vital issue. So without going further into this controversy, it is necessary that awareness campaign is launched in the society so that people understand the merits of a common civil code. In the multi religious society no law can function if it does not have the support of the people. Nor can a law be imposed without consulting all parties and communities. The minority community should understand the merits of UCC and cooperate in the enactment of uniform code. UCC will help the Muslim woman in their fight for equality with other women of majority community. Common civil law protects the interests and freedoms of the muslim women and will help fight discrimination with women in the Muslim community. Rationality, humanity and justice are the hallmarks of a civilized society and then why to oppose UCC. All the subjects of India are equal before law and there is no distinction between citizens in various matters on the basis of religion, faith, sex, sect, and region et al. then why are not all of us governed by the same uniform civil code in matters of inheritance, marriage, adoption, donations and the like. The result is that our society has failed to develop the feeling of national integration and emotional oneness though geographically we stand united. But in other democracies of the word people belonging to different faiths are governed by the common civil laws. If non discrimination is to be ensured and practiced, it is mandatory to promulgate and execute common civil laws. When every citizen has equal rights and privileges under the constitution, there is absolutely no harm or the wrong in the governance of all communities under the same civil law. UCC will not jeopardize article 25 and 26 of the constitution which deal with right to freedom of worship. Therefore uniform code will not amount to infringement of any fundamental right nor will it lead to discrimination with any community. Whatever heat is generated by the decisions of the important cases, one has undoubtedly to accept that same civil laws will help the cause of national awakening, national reconstruction, emotional oneness and Indianess among the masses. Majority community and the small minority such as Sikhs, Buddist’s, Jains are in favor of common civil code leaving alone the Muslim community. The significance of one nation and one citizenship is becoming shallow when various socio economic groups are government by their personal laws. |
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