Political Diary
New Delhi, 23
November 2021
When Gods Are Poll
Cut Outs…
UNIFORM CIVIL CODE,
ANYONE?
By Poonam I Kaushish
It’s the silly season
of Ram-Rahim being reduced to political poll cut outs with each community
upping the ante of identity politics to suit narrow political ends and massage
their vote-banks with elections to five States early 2022.
But it might get
washed with the Uniform Civil Code back in news thanks to Allahabad High Court urging
the Centre to speed it up as “it’s a necessity and mandatorily required today,”
while granting relief to 17 inter-faith couples seeking protection of life,
liberty and privacy Friday. Earlier, the Delhi High Court too hoped UCC would
not remain a mere hope in July.
In 2019 the Supreme
Court expressed disappointment over lack of UCC reiterating its October 2015
averment for the need of a common code, “This cannot be accepted, else every
religion will say it has a right to decide various issues as a matter of its
personal law.” Not a few feel the Court missed an opportunity to decide on the
issue in 2017 when it outlawed triple
talaq without addressing the core issue: Whether personal law practices
should prevail over fundamental rights of life, dignity and non-discrimination?
Those hooting for it
underscore Article 44: The State shall endeavour to secure for citizens a
uniform civil code throughout the territory of India. Essentially, it refers to
a common set of laws governing personal matters: marriage, divorce, adoption,
inheritance and succession for all citizens irrespective of religion.
Currently, different laws regulate these aspects for adherents of different
religions and a UCC is meant to do away with these inconsistent personal laws.
Bluntly, UCC spells
out that there is no necessary connection between religious and personal law in
a civilized society. Moreover with the dynamic ever-changing geo-security
situation there is need for strengthening the country’s unity and integrity along-with
rejection of different laws for different communities and reforming India.
Besides, it does not
affect personal laws of a particular community. These laws will only help remove
gender biases from personal laws bring gender equality and bind together all
individual laws’ to have one set of common laws which will apply to all Indian nationals
regardless of community and religion.
But it is easier said
than done due to the country's diversity and religious laws, which not only
differ sect-wise, but also by community, caste and region. Already, the All India Muslim Personal Law Board has expressed reservations,
stating India has a multi-cultural and multi-religious society and each group
has the Constitutional right to maintain its identity. Adding, the UCC is a
threat to India’s diversity and encroachment on their rights to religious
freedom which will disregard their traditions, imposing rules influenced by the
majority religious community.
Arguably, what is it
about the UCC that makes the political tribe other than the Hindutva Brigade
see red? Why should a Code be viewed as encroaching on the right of religious
freedom? Or being anti-minority? If Hindu personal law can be modernized and a
traditional Christian custom struck down as unconstitutional, why should Muslim
personal law be treated as being sacred to the secular cause?
Two years ago a BJP
MP introduced a Private Member’s Bill on UCC in Rajya Sabha but it was stalled
by Opposition on grounds it could lead to communal tensions at a time when
protests were being staged against the Citizenship (Amendment) Act. It was
brought again in 2020 but was not introduced.
Goa is the only State
which has a uniform civil code regardless of religion, gender, caste. It has a common
family law whereby all Hindus, Muslims and Christians are bound with the same
law related to marriage, divorce, succession. When Goa became a Union Territory
in 1961, Parliament authorized the Portuguese civil code of 1867 be amended and
repealed by the competent legislature.
Surprisingly, activists
and liberal Muslims have chosen to remain silent on the subject. Are they not
aware many Islamic countries have codified and reformed Muslim Personal Law to
check its abuse? Polygamy has been
banned in Syria, Tunisia, Morocco, Iran and even Pakistan.
Where do we go from
here? It all depends on whether the Government is willing to get rid of its
excess baggage of isms. Either way, it is time we outline our ideals and
disagreements, in the pursuit of a dream UCC. In the last seven decades there
has been no sincere effort to even start such a dialogue.
People must
understand that religion and laws are two different concepts. For example,
religious scriptures prescribe punishments for crimes but the Indian Penal
Code, 1860 is the only penal laws which are followed. High time people start
viewing religion and law as two different concepts and focus on the empowerment
of all class of people.
Certainly the path to
UCC is sensitive and difficult but it must be taken. A beginning has to be made
if the Constitution is to have any meaning. Discrimination cannot be justified
on the grounds of traditions and customs. To establish equality the law that regulates
population of a country should also be one.
Plainly, no community
is likely to bell the cat by making gratuitous concessions. It is for the
State, which is charged with the duty of securing a UCC and has legislative
competence to do so. The Government can now fire the gun from its shoulder. A common
civil code will help the cause of national integration by removing desperate
loyalties to laws, which have conflicting ideologies.
A way forward is to
follow Balasaheb Ambedkar who advocated “optional” common civil code. Whereby, Parliament
in the initial stage makes a provision of the Code being purely voluntary. Ultimately,
no community should be allowed to veto or block progressive legislation. Especially, if it is voluntary and does not
seek to impose any view or way of life on any one arbitrarily.\
One cannot progress
riding on past’s wheels. India needs uniform laws and should figure what is satisfactory to all groups. Criminal and commercial
laws are basic, so there is little purpose behind common laws to appear as
something else. It just partitions Indians on the premise of religion that
should not happen in the 21st century. It is beyond endurance of sensitive
minds to allow injustice to be suffered when it is so palpable. How long will
we live at the impulses and fancies of Pandits, Mullahs and Bishops? ----- INFA
(Copyright, India News & Feature Alliance)
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