Making the case for a Uniform Civil Code

Uniform Civil CodeThe Uniform Civil Code (UCC) is one of the most contentious issues staring the Indian polity in the eye. Although Article 44 of the Directive Principles of State Policy in the Constitution speaks of a Uniform Civil Code for the citizens, it has remained a distant dream, with no government thus far addressing the issue with seriousness.

This has been primarily on account of the fear of a possible backlash at elections from sections of voters. The present government’s attempt to implement UCC has been vehemently resisted by large sections of the Muslims led by clerics and their ilk. Endless debates and discussions between stakeholders have not succeeded in carrying the issue to fructification. Religious sentiments have prevailed over aspirations of all the right-thinking men and women of the nation for a level playing field.

A Uniform Civil Code for all the citizens is in agreement with the secular ethos of the nation. Unlike in the West, where secularism is a mere act of the State distancing itself from the Church, the concept means in the Indian context, equal treatment of people of all religions – a proactive stance on the part of the State.

This calls for respect from the government for the sentiments of the people of different religions, without leaving any room for favour or prejudice. While the endeavour to treat all citizens alike before law is in keeping with the exhortation of the relevant Article of the Directive Principles of State Policy as well, the State is hard put to carry out the implementation without its action being perceived by the people of the minority communities as an attempt to trample upon their sentiments or to curtail their freedom to live in terms of their religious beliefs.

At the same time, people of any religion cannot be viewed or treated as clones cast in the same mould and should not be expected to unquestioningly fall in line with the provisions of the personal law applicable to their community. That is because such personal laws were fashioned and designed on the basis of religious tenets and cultural mores, dating back to medieval times to primarily suit the people living in a distant land in harsh conditions, fighting for the perceived supremacy of their religion.

In the Indian context, a community is made up of individuals with their own views, beliefs and opinions in their vital personal matters and private lives in changed circumstances and conditions prevailing in the country. They may not be faulted for seeking redressal for a grievance in terms of natural justice, just like any other citizen, without prejudice to their religious standing or beliefs.

In the matter of personal law, interpretation of its provisions is heavily loaded in favour of the clerics and other religious entities and agencies. An individual’s inalienable right to natural justice is stifled by his or her religious identity, in matters such as marriage, divorce, maintenance, adoption, inheritance, etc.

The issue of triple talaq is a case in point. The fundamentality of a divorced woman’s right to alimony is at stake. The self-esteem of a woman to live a life of gender equality is in question. This is the kind of a helpless situation in which a large number of persons, mostly women, of the minority communities find themselves in.

The question of such men and women being able to contribute their optimal share to the nation’s and society’s development in accordance with the evolved social situation is a matter of equal concern to the majority community.

When aggrieved individuals find their voice to protest against the provisions of the personal law and choose to step out of the line and try to seek justice in a court of law, the State cannot afford to stand on the wings as a mute spectator and do nothing to ameliorate the situation.

Judiciary, on its part, finds hardly any maneuverability in the present system to address the situation, leaving the aggrieved person to fall back into the mires of the personal law. Lack of conviction on the part of politicians or their obstinacy to take any measure for social welfare that would impinge on their vote bank politics prevail over the concern of Judiciary for fair play and natural justice for all the citizens, as was witnessed in the Shah Bano case during the Congress rule.

The individual liberty of members of a community which is governed by personal law thus falls prey to the stubborn attitude of the community elders and their insistence on the freedom to have their own personal civil code. The government cannot continue to turn a blind eye to the travails of the forlorn individuals on account of their vulnerability against the personal law.

The resulting situation is a simmering discontent among individuals, particularly women, in minority communities, who find themselves victims of a lacuna in the system. In a society such as the one in India where people of diverging religious beliefs have been living in harmony despite grave instigations and provocations, for the State to continue to allow this kind of despair among vast numbers of its citizens does not augur well.

It is not only the various religious groups in the country but also the faceless individuals who form these groupings and yet feel left out, who have to be carried along by the State in the interests of fair play and its own survival lest discontent have a detrimental effect. Failure on the part of the government to be proactive in such a crucial matter would not only reflect poorly on its efficacy but also be a sad commentary on the poor shape of democracy in the country.

Speaking at the Jaipur Literature Festival on January 23 this year, Bangladeshi writer Taslima Nasrin, who is well-known for slamming misogynistic ideas in Islam, rightly asserted that India urgently needs the UCC to protect the democratic rights of Muslim women as well as to stop the issue of fatwas by some religious clerics. To cut a long story short, the UCC is long overdue. To further delay its implementation would be tantamount to the State abandoning a section of its own people, no matter how small or large their number, purportedly on account of lack of a consensus, while, in reality, on account of lack of political conviction.

The returning of the Law Commission’s questionnaire on the UCC by the Chief Minister of Bihar purportedly because “the questions have been framed in such a manner so as to force the respondent (Bihar government) to reply in a specific way” is a classic attempt on the part of the naysayers of Indian politics to tactfully avoid taking the bull by its horns.

As the first step in the long way to be traversed, the people of our country need to be educated by the government about the issues involved. How several countries around the world, including a fair number of Islamic ones, have opted for UCC in the interests of their own social and overall development needs to be projected.

The people of the minority communities should be spurred on to realize that the time for self-introspection and rejection of complacency in matters vital to their interests is well at hand. The foremost task at hand is for the government is to convince the people to stir out of their comfort zone and help themselves.

(The article published in daily newspaper “The Statesman” on 23rd March 2017)

Making The Case For A Uniform Civil Code

92 thoughts on “Making the case for a Uniform Civil Code

  1. Kartikeya Gandhi

    Uniform Civil Code is not a want, it is a necessity so that India can be united on cultiral lines. When all religions have common fundamentals then why have different rules for marriages, adoption and divorce?

    Reply
  2. Neer mehta

    BJP’s UP win will only bolster the confidence of government to introduce uniform civil code bill in parliament. They know people, especially muslim women are supporting this cause.

    Reply
  3. Sumeet Kale

    While people want to live life like western countries inhabitants, why don’t they shed the need for different law for different faiths? If you want to progress, UCC is must.

    Reply
  4. Akhil Mahesh

    Communal agenda of BJP and Narendra Modi is out in open. They just want to turn India into Hindusthan with dominance of only Hindus. Minorities will be persecuted in such an environment.

    Reply
  5. Ajay Patwardhan

    Uniform civil code acknowledges the many divides in society and differentiated laws. And it provides a common format for all to go beyond the divides. Of caste, community, religion and region, and also of gender. Assymmetric laws made attempting to correct entrenched conditions have created new imbalances. Consider gender laws. which make it easier for females to complain about males , than for males to get justice. Common civil code should make gender laws, neutral and equal for all genders causing violation of all genders.

    Reply
  6. Raj Gaurav Dubey

    The government can push this as their strength in Rajya Sabha is bound to increase due to Uttar Pradesh landmark win. It is time that government treads the path of reforms.

    Reply
  7. Sunil Rao

    Triple talaq is not the only issue here. It is also about alimony and marriage registration and many other related personal matters. With uniformity, even the courts will have the ease to decide cases.

    Reply
  8. Pooja Bhavsar

    Law ministry, law commission and even courts have favoured uniform civil code in the country. Why then Congress and other left parties are against this? Mere appeasement of minorities.

    Reply
  9. Ashish Paliwal

    If Modi passes uniform civil code as a law for all religions, it will be clear that his intentions are only to benefit hindus of India. For refugees too, they are welcoming hindus but not persecuted muslims or jews.

    Reply
  10. Preeti Meena

    Sharia law has not changed with time and it is being handled by conservative clergy members. The common muslim of this country wants an uncomplicated law that should be equal for men and women.

    Reply
  11. Vikas Bharati

    It is not possible to secure 325 seats in UP without any support from muslims. This means that muslim women are in favour of uniform civil code and they want to be saved from tyranny of triple talaaq.

    Reply
  12. Nagarajan J

    Basically a uniform civil code regards all humans as equals irrespective of their sex or religion. Great!

    Reply
  13. Inala Murali

    Kashmir to Kanyakumari to implement UCC and including abolishing reservations is not possible with this political set up. Military government is only the option for Indians mind set.

    Reply
  14. Ankan bose

    it is an amazing piece of writing designed for all the online visitors. they will get benefit from it I am sure.

    Reply
  15. Nikhil Varanasi

    The structure of the composition is good,buttry to make sure the word order in your sentences is correct.

    Reply
  16. Miguel Herrera

    I wish to say that this article is amazing, nice written and come with approximately all important infos. I would like to see more posts like this .

    Reply
  17. Aditya Sahu

    Hello. I simply want to give you a huge thumbs up for the great info you have right here on this post. I will be coming back to your site for more soon.

    Reply
  18. Venkat Venigalla

    This excellent website really has all the info I wanted concerning this subject and did not know who to ask.

    Reply
  19. Gaurav Sahni

    After looking at a number of the articles on your website, I really appreciate your way of blogging.

    Reply
  20. Mukesh Golchha

    Hello there, you have done an incredible job. I will certainly digg it and personally suggest to my friends.

    Reply
  21. Ravi Patel

    Thanks for your marvelous posting! I definitely enjoyed reading it, you might be a great author. I will be sure to bookmark your blog and will often come back very soon. I want to encourage you continue your great writing, have a nice evening!

    Reply
  22. Himanshu

    I was extremely pleased to find this web site. I need to to thank you for ones time due to this wonderful read.. I definitely really liked every little bit of it and I have you bookmarked to look at new information on your website.

    Reply
  23. Raj rathor

    Absolutely wonderful, well done everyone, what a great achievement. Here is to the future and success for everyone. Thank you all for your hard work, we know it will be ongoing and trust that you will get the appreciation and credit of putting such brilliant articles on the worldwide web. Looking forward to seeing it grow.

    Reply
  24. Ranadev Shah

    Greetings. Very useful advice in this particular post. it is the little changes which will make the most important changes.Thanks for sharing.

    Reply
  25. Yuvraj

    I am highly impressed with the think tank that you possess. I wonder how 1 man can have so much of knowledge

    Reply
  26. Abhishek Bhattacharya

    Hi there everyone, it is my first go to see at this site, and piece of writing is genuinely fruitful in favor of me, keep up posting these types of content.

    Reply
  27. Manuj Tewari

    Hi, all the time i used to check weblog posts here in the early hours in the break of day, because i enjoy to learn more and more.

    Reply
  28. Rishi Jash

    Great blog you have got here.. it is difficult to find high quality writing like yours these days. I truly appreciate people like you. Take care..

    Reply
  29. Sparsh Mehta

    This is really interesting, You are a very skilled blogger. I have joined your rss feed and look forward to seeking more of your great post. Also, I have shared your web site in my social networks.

    Reply
  30. Nishranth mahesh

    Very soon this web page will be famous among all blogging and site-building users, due to it is pleasant articles

    Reply
  31. Govind Patel

    Thanks for that, the site looks fantastic and I am sure will be a great service to both locals and visitors.

    Reply
  32. Nitin Sahu

    I visit daily a few web sites and sites to read articles or reviews, however this blog provides feature based articles.

    Reply
  33. Rajendra kumar gupta

    After looking into a handful of the blog articles on your website, I seriously like your technique of writing a blog. I added it to my bookmark site list and will be checking back in the near future.

    Reply
  34. Sandeep marripelly

    You are to be commended for your excellent writing skills.Hope to see more of your flawless skills soon.

    Reply
  35. Dipayan Ghosh

    I read this article completely about the comparison of most up-to-date and preceding technologies, it is remarkable article.

    Reply
  36. Praveen sethi

    Great web site you have got here.. it is difficult to find high-quality writing like yours nowadays. I truly appreciate people like you. Take care..

    Reply
  37. Manish Bhargava

    Way cool. Some very valid points. I appreciate you penning this write-up and the rest of the site is also very good.

    Reply
  38. Kunal Priyadarshi

    Hi, I do believe this is an excellent web site. I stumbledupon it. Money and freedom is the best way to change, may you be rich and continue to help others.

    Reply
  39. Mohammed Anees

    The website is bright, clean, quick, easily navigable and all the links seem to work well. Moreover, the contents here in blog shape is really wonderful.

    Reply
  40. Aditya Deb

    Excellent weblog right here. Also your site loads up very fast. I want my website loaded up as quickly as yours lol

    Reply
  41. Dharmesh chatterjee

    Had a look through the site, it looks great and will be a big help in social and economic issues.

    Reply
  42. Kawal shoud

    If some one wishes to be updated with most recent technologies therefore he must be pay a quick visit this site and be up to date all the time.

    Reply
  43. Harshit Namdeo

    It is hard to find experienced people for this subject, but you seem like you know what you are talking about.

    Reply
  44. Neeraj mrisha

    Hi there to every one, it is in fact a fastidious for me to go to see this website, it includes important Information.

    Reply
  45. Ayaan kalhan

    Your article will surely be a great help to a lot of people. An outstanding blend of thinking and good writing.

    Reply
  46. Nitin garg

    I started to read your article and it caught me to the extent that I could not put it down. Amazing piece.

    Reply
  47. Sangita Ramesh kumar

    Thank you, I have just been looking for info about this subject for ages and yours is the best I have found out till now.

    Reply
  48. Ayush parekh

    I am sure this piece of writing has touched all the internet viewers, its really really pleasant article on building up new weblog.

    Reply
  49. Pranav Apte

    I wanted to thank you for this fantastic read.. I absolutely enjoyed every bit of it. I have got you book marked to check out new stuff you post

    Reply
  50. Harsh patel

    I quite like reading an article that can make men and women think. Also, thank you for permitting me to comment.

    Reply
  51. Saurabh rajput

    Hi there. I simply would like to give you a big thumbs up for your great information you have got right here on this post. I will be returning to your website for more soon.

    Reply
  52. Abhishek tyagi

    Can I just say what a relief to discover someone that actually understands what they are talking about over the internet. You definitely understand how to bring a problem to light and make it important. More and more people really need to read this and understand this side of the story. I was surprised that you aren’t more popular since you most certainly possess the gift.

    Reply
  53. Shailesh parmar

    There is definately a great deal to know about this subject. I love all the points you have made.

    Reply
  54. Ranju ramchandran

    Hello there. This blog post could not be written much better. Going through this article reminds me of my previous roommate. He constantly kept talking about this. I will send this information to him. Fairly certain he will have a very good read. I appreciate you for sharing.

    Reply
  55. Shantanu Kulkarni

    it is hard to come by well-informed people on this subject, but you seem like you know what You are talking about. Thanks

    Reply

Leave a Reply to Vikas Verma Cancel reply

Your email address will not be published. Required fields are marked *