Prof. Col. PS Bajaj (Former Chairman of IMT Ghaziabad, Senior Prof and Adviser IIPM Group of Institutes, currently he is with ALS as faculty for IAS & SSC-CGL courses)
(contd. from last week...) Is it reasonable to expect Uniform Civil Code in secular India?
Due to the following reasons, India should have uniform civil code:
• It will integrate country: There is lot of heart burning among people because of contradictory customs and traditions prevailing in various religious groups, which not only creates divide and polarize the society, but also work against national unity. If implementable uniform civil code is formed with consultation and consensus of all religious groups, though a herculean task, the society will have better harmony and understanding which will help in national integration and overall country’s progress.
• Controlling vote bank politics: Currently the politicians are exploitative and they divide the population based on caste, colour and creed to appease the voters towards vote bank politics. With uniform civil code, they will not be able to indulge in such dirty politics.
• Personal laws implementation against Constitution: The Constitution of our country is against the implementation of personal laws and had directed the government many time to bring legislation to this effect, but all government in past had not been able to do so.
• All modern nations have uniform civil code: All modern and progressive nations have it, which is a sign that the nation is devoid of caste and politics based on religion. Even in our country, one state, Goa has a uniform civil code. If Goa can implement it, why not other states. If India has to develop fast and become super power, uniform civil code has to be formed without any further delay.
• It will help in women empowerment: Uniform civil code is in great interest of women, especially Muslim women, who are the worst sufferers. Its implementation will improve the fate of women and work towards their much awaited empowerment.
• All Indians need impartial equal treatment: All Indians, irrespective of caste, colour, creed, religion, region, sex, etc need unbiased and impartial treatment, which is possible if uniform civil code is form and implemented. This very essential for our country to progress. This hurdle needs to be removed.
Why it is not seeing light of the day? • Vote bank politics: Politicians are exploitative and find it convenient/beneficial to play cheap vote bank politics by trying to appease different caste and groups instead of trying to integrate the nation as already mentioned above.
• Minority appeasement policy: This policy of minority appeasement is also towards cheap political gains but against overall interest of the country. •
Anti-National operative forces: The anti-national forces, which are operating within and outside India are against India’s national integration and progress.
• Too much of democracy: India is a secular country, with many religious groups having varied customs and traditions, a few being contradictory to one another.
• Hardliners in various religious groups: There are many hardliners in each religious groups who have fixed mindsets and difficult to convince towards uniform civil code.
• Lack of political will: In spite of clear directions from Supreme Court of India to frame laws for uniform civil code, the government in power have not been able to do so till date because of selfish motives.
• Generation gap Possibility of getting Uniform Civil Code for secular India: India needs uniform civil code badly, but it seems almost impossible as the political will to bring about this change is missing and also as China calls it, there is too much of democracy in India. There is an essential need to bring uniform civil code by conducting national level debates for creating wide awareness and consensus, keeping the following clearly in mind: • Gender equality, Muslim personal laws, codified and uncodified personal laws and judicial response.
• Conflicts of personal laws in India, Rights of women and inheritance laws in India.
• Personal laws and related ethical issues with respect to the following: a) Live in relationship. b) Surrogacy and child rights. c) Lesbian, gay, bisexual and transgender (LGBT) and allied legal issues. The Supreme Court, in its observation in the Shah Bano case, has asked for a Uniform Civil Code in India. Almost three decades have passed, but in spite of repeated observations and earnest instructions by top court in other cases, the government has chosen to remain a mute spectator in framing or at least having discussion with various stakeholders in building up a consensus on the need for a uniform civil code. Recently, after the court declared fatwas and Sharia courts as illegal, Union Minister of Law had expressed the government desire to have a uniform civil law. The moot point is whether India is prepared to have a Uniform Civil Law. Should all the personal laws be done away with? Instead of being imposed, is consultation and consensus the only way to get the law through? (concluded)
