Wg Cdr Mahesh Chander Sudan (Retd)
We, the people of India, have recently been introduced to a conceptualized set of laws that govern personal matters including marriage, divorce, adoption, inheritance and succession for all citizens of India regardless of their theological beliefs and this set of laws is referred as Uniform Civil Code. It is an established fact that the idea of India basically inherits the concept of Unity in diversity. Indian society is a multicultural, multiethnic, and multilinguistic and above all the Constitution of India provides for socialism and secularism. The framers of the Indian Constitution felt that the existing system of various personal laws followed for more than one and half century is based on religious beliefs and it cannot be replaced in one go and therefore reflected it as Uniform Civil Code at Article 44 of the Indian Constitution under Directive Principles of the State Policy (DPSP) in Part IV. They also opined that provisions contained in this part are not enforceable by any court, but these principles as laid down are fundamental in the governance of the country and therefore it shall be the duty of the State to apply these principles in making laws. Articles 36 to 51 of the Constitution lays down various policy principles covering promotion of welfare of the people, equal justice and free legal aid, organization of village panchayats, Right to work, to education, public assistance in certain cases, just and humane condition of work, maternity relief, participation of workers in management of industries, Uniform Civil code, promotion of education and economic interest of Scheduled caste, scheduled tribes and other weaker sections, improve public health, protection of monuments, places and objects of national importance, separation of Judiciary from executive and promotion of international peace and security.
These guidelines incorporated in the Constitution of India are expected to be adhered by the State for larger welfare of the people and should be dealt with due sensitivity so that all citizens regardless of their theological belief enjoy the freedom to live as a matter of right and inclusivity. Historically, the issue of Uniform Civil Code surfaced during British rule in the year 1835 and it was then concluded through an official report that personal laws of Hindu and Muslim be kept apart from any such codified legislation. It may be appreciated that the issue of Unified Civil Code has time and again been studied for implementation post-independence and continued to remain part of Directive Principle of State policy in Part IV of the Constitution of India. At one instance, the Supreme Court of India declined to take a decision for implementation of a Uniform Civil Code in the year 2015, leaving it to be viewed by Indian Parliament. The framers of the Indian Constitution consciously placed Uniform Civil Code under Directive Principle of State Policy in Article 44 and expected the State to make an endeavor to secure for all citizens a set of laws to deal with personal matters. It may infer that it should be progressively achieved through education, involvement and willful acceptance by communities at large without any authoritative insertion so that unity in diversity is not disturbed.
It may be appreciated that set of Directive Principles of State Policy exhorts ruling dispensation to keep in mind all those aspects of governance as highlighted under Part IV in Articles 36 to 51 for furthering the welfare of the people without any discrimination. Selective approach towards Article 44 is expected to attract public reluctance especially in the present circumstance when the right to education and employment are not satisfactorily handled by the ruling dispensation. Social transformation through education could facilitate public acceptance of UCC and may strengthen harmonious social wellbeing of the people at large whereas exclusive approach on fast mode for political dividends may not usher well. The caution exercised by framers of the constitution must be honored by the parliamentarians and consider the issue with desired seriousness rather than surrendering to the party politics.
Achieving uniformity in personal matters regardless of religious affiliations in balanced manner would certainly achieve a long lasting integration and will leave no scope of politics in future. A time bound approach by the ruling party especially at the end of tenure of present ruling dispensation apparently serves their political interest more than integrating communities. Educating people about merits of UCC paves way for smooth acceptance of Uniform Civil Code across the communities especially when it appears that it would encounter resistance from Hindus, Muslims, Sikhs, Jains and other communities and tribes and for this reason the issue remained untouched even during English empire and later on got added in Directive Principles of State Policy by framers of the Constitution.
In the present context, the issue has suddenly been raised by our Prime Minister during his speech in poll bound Madhya Pradesh primarily for political dividend in the coming elections and it triggered nationwide debate on its potential implementation. It is also a fact that the ruling political dispensation may assertively make it as a part for election campaign in 2024 as it is long outstanding agenda of the party. Like any other aspect, it also has supporters who feel it would foster national integrity and gender equality whereas critics raise the concern that its enforcement infringes upon the rights and distinct practices of minority communities in the states.
It therefore calls for a conscious attempt to read mind of the people, spread required education about the merits and shortfalls, if any, of the issue, achieve required social transformation by interacting with all stake holders through their religious, regional and elected representatives across the political spectrum to achieve general acceptance of the proposed draft legislation that may expectedly foster national integration, gender equality and social harmony. Jai Hind, Jai Bharat. ‘
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