poonam i kaushish
As the world lives a calamity amidst the ongoing destructive war between US-Israel vs Iran which spares no nation as thousands continue getting killed and billions of dollars worth of oil-gas infrastructure destroyed, Prime Minister Modi tries to calm peoples’ fears as five States get poll-battle ready, the Supreme Court sets the cat among pigeons when it pitched for Uniform Civil Code (UCC) yet again recently.
Highlighting importance of equality as enshrined in the Constitution a three-judge Bench said it was the “most effective answer” to usher in equality in inheritance laws, rather than the court striking down allegedly discriminatory personal law provisions and causing ambiguities, while hearing a plea challenging provisions of the Muslim Personal Law (Shariat) Application Act, 1937, which discriminated against Muslim women in succession matters etc by denying them equal property rights like their male co-religionists.
“Until and unless we can create through our judicial fiat, a equal strata in respect of these asymmetric property rights, including inheritance rights, to strike and declare the personal law as ultra vires will create unnecessary void and in such a situation it may be better to defer to the wisdom of the legislature to bring in one of the fundamental Directive Principles of State policy,
UCC, which we have already recommended for the country,” it added.
Importantly, there are two UCC takeaways. Politically, it is work in progress. For Prime Minister Modi it’s a no brainer as UCC is need of the hour as the existing code is “communal” dividing people on religious lines and “discriminatory.” Underscoring the foundational principle of equality and its promise of dignity for women, he believes, every Indian must be same and equal in eyes of law. Allies JD(U) and TDP seem to be kosher with it but feel any move must come through consensus.
For decades UCC was considered outlandish, given India’s fractured polity and legally complex given the maze of faith-based and secular laws that govern the country. But with BJP States stating they will follow Uttarakhand’s UCC model it is clear it has found a workable solution. As this allows it to keep out of legal and social tangles and maintain its ideological edge.
However, the social aspect is trickier. UCC was considered a third rail in Indian politics because of fear of majoritarian values overpowering minority traditions. Perhaps, why Constituent Assembly didn’t enact it and included it in the non-justiciable Directive Principles of State policy. Ambedkar advocated “optional” UCC.
Even as Modi Sarkar preens UCC champions and is a milestone for women’s rights, addresses discrimination against women and would eliminate injustices and wrongful acts perpetrated against ‘Matrishakti’, critics assert it infringes upon personal freedoms and targets minorities.
Naturally, Opposition has attacked this as symptomatic of Modi’s disregard for India’s diversity saying “good governance and not uniformity should be the objective of a democracy. UCC would interfere with the right of religious freedom, minority rights, their identity and in personal laws of religious groups unless religious groups are prepared for change, (sic). It is a ‘minority vs majority’ issue and the Hindutva Brigade’s policy for Muslims living in India.”
Arguably, what is it about the Code that makes our politicians other than the Hindutva Brigade see red? Why should UCC be viewed as encroaching on right of religious freedom? Or being anti-minority? If Hindu personal law can be modernized and traditional Christian custom struck down as unconstitutional, why should Muslim personal law be treated as being sacred to the secular cause?
Alas, over the years deliberate distortions of religion to suit narrow personal and political ends had vitiated the country, which shamelessly, has everything to do with vote-bank politics whereby the UCC debate often becomes political rather than legal as is sometimes used as a polarising issue rather than a reform agenda. Whereby, Ram-Rahim have been reduced to election cut-outs in today’s politico-social reality, successive Governments have failed to draw a distinction between politics, caste and religion.
As things stand Article 25 guarantees freedom of religion and UCC may be seen as State interference and violation of freedom to practice religion of choice which allows communities to follow their respective personal laws. Alongside Article 29 the right to conserve their distinct culture.
Many minorities worry UCC could reflect majority (Hindu) norms and not truly be “neutral” which would create a trust deficit, especially among Muslims and Christians. Some are wary UCC will impose a Hinduised code for all communities as it could include provisions regarding personal issues like marriage, divorce, child custody, property rights that are in line with Hindu customs but will legally force other communities to follow the same.
Those for UCC assert it would promote equality and justice as it is voluntary and doesn’t seek to impose any view or way of life on anyone arbitrarily. It would help case of national integration by removing desperate loyalties to laws, which have conflicting ideologies. As one civil law reduces legal fragmentation and is seen as strengthening the idea of “one nation, one law.”
Moreover with modern Indian society gradually becoming homogenous, traditional barriers of religion, community and caste are slowly dissipating whereby UCC provides protection to vulnerable sections and religious minorities, while encouraging nationalistic fervour through unity. Also, the need for it arises due to existence of discriminatory practices and is considered crucial to achieving social reform, eliminating inequities, and upholding fundamental rights. A thought echoed by Supreme Court in various judgments.
Where do we go from here? Time for consensus among people which addresses their misgivings and concerns before the Code is enacted. Said a senior Minister, “There is need to tackle “delusions” that some have “encouraged” that UCC is against rituals and core practices of any religion. It is a scientific and modern way of achieving goals of gender justice by removing disparate loyalties in laws which have conflicting ideologies.”
Hence India and its secularism deserve a voluntary common civil code for gradual acceptance without further delay. Whereby, enlightened opinion among Muslims will then have a choice’ be liberal and progressive or remain obscurantist and backward. Uttarakhand and Goa already have UCC willingly accepted by all. Gujarat is next. It is obvious, Modi Sarkar is following the principle of “test in States first, then scale up” strategy.
In sum, no one community should be allowed veto or block a progressive legislation. Especially, if it’s voluntary and doesn’t seek to impose any view or way of life on anyone arbitrarily. UCC will help cause of national integration by removing desperate loyalties to laws, which have conflicting ideologies. How long will we live at impulses and fancies of Pandits, Mullahs and Bishops? —– INFA
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