‘It will serve as a powerful instrument for promoting equality and justice for all citizens’. Photo credit: Getty Images/iStockphoto
India, being a diverse nation, is home to many religions, each with its own individual laws governing marriage, divorce, adoption, inheritance and succession. it would be accurate to say that the lack of Uniform Civil Code (UCC) It has only served to perpetuate inequalities and anomalies in our land of rich diversity. In fact, it has been hindering the country’s progress towards social harmony, economic and gender justice. Prime Minister Narendra Modi had last week called for the enactment of the UCC, pointing out the inconsistency of having separate laws for different categories of citizens.
in the Constituent Assembly
The debate on the UCC goes back to the debates in the Constituent Assembly. In fact, one can claim that the validity of the UCC lies in the Constitution of India, the debates of the Constituent Assembly and even the decisions of the Supreme Court of India. The debates of the Constituent Assembly throw light on the need and purpose behind promoting a Uniform Civil Code. The chief architect of the Indian Constitution, Babasaheb Ambedkar, put forth a strong case in the Constituent Assembly for the creation of the UCC. He emphasized the importance of UCC in ensuring gender equality and eradicating prevalent social evils.
Countering the arguments of some members of the Constituent Assembly who were opposed to the idea, BR Ambedkar said: “I personally do not understand why religion should be given such a vast, wide jurisdiction so as to cover the whole of life.” and prevent the legislature from encroaching on that area. What are we getting this freedom for? We are getting this freedom to reform our social system which is so full of inequalities, discriminations and other things that conflicts with our fundamental rights. Therefore, it is absolutely impossible for anyone to conceive that personal law shall be kept outside the purview of the State.”
Other eminent and learned members of the Constituent Assembly such as Alladi Krishnaswamy Iyer and KM Munshi also advocated for the enactment of the UCC. Alladi Krishnaswamy Iyer argued that “the object of the article is actually friendship… its object is to try to arrive at a consensus with regard to these matters”. Similarly, KM Munshi also raised the demand for UCC in the Constituent Assembly. “However, the issue is whether we are going to consolidate and integrate our personal law in such a way that over time the lifestyle of the whole country becomes unified and secular… What do these things mean? ?” I really fail to understand what this has to do with religion.”
Since the Constituent Assembly could not reach a consensus on the UCC, the subject found a place under Article 44 of the Directive Principles. Thus, Article 44 is, in a sense, a constitutional mandate requiring the State to enact a UCC that applies to all citizens irrespective of beliefs, practices and personal laws.
It is also relevant to mention here that the matter was considered by the Supreme Court on more than one occasion. The apex court had observed in the Shah Bano case that “it is a matter of regret that Article 44 has become a dead letter”. The Court had pointed out that the UCC would help in the cause of national integration. The Apex Court ruled that “…in the constitutional order of priorities, the right to freedom of religion has to be exercised in a manner consistent with the underlying approach of the provisions of Part III (Fundamental Rights)” – Indian Young Lawyers Association Case (2018) . However, despite clearly expressing its views on the subject in several cases, the Supreme Court refrained from issuing any clear directions to the government in view of the fact that law-making falls within the exclusive domain of Parliament.
Summary
Therefore, the UCC is a long overdue step in the right direction to protect the fundamental rights of all citizens and reduce social inequalities and gender discrimination.
It should be seen and understood as an attempt to create a unified legal framework that upholds the principles enshrined in the Constitution and affirmed by the judgments of the Supreme Court.
The opposition to this initiative, arising out of suspicion and unfounded apprehensions in the minds of some, needs to be addressed through enlightened debate and constructive engagement. The overarching objective is to ensure that there is no gender discrimination, everyone enjoys the fundamental rights enshrined in the Constitution, and the law of the land is uniform for every citizen in our country. It will serve as a powerful instrument for promoting equality and justice for all citizens. If seen from this point of view, every citizen should welcome it.
As proposed by Babasaheb Ambedkar and other learned members of the Constituent Assembly, uniformity in personal laws is necessary to empower women and ensure gender equality in matters of marriage, divorce and inheritance. UCC will eliminate discriminatory practices that deprive women of their rights and provide equal opportunities and protection to them. Our diverse society demands a unified legal framework to promote social cohesion and national integration. The members of the Constituent Assembly recognized the current challenges and stressed the need for the UCC to bridge the gap between different communities and promote a sense of unity.
Personal laws must have a two-pronged acceptance – they must be constitutionally compliant and conform to the norms of gender equality and the right to live with dignity. The Constitution is the North Star that guides us in this regard. It exemplifies the essential principles of justice, gender equality and secularism, which together form the foundation of the UCC.
an appeal
In conclusion, I would like to urge my fellow citizens, leaders of religious groups and political parties to rise above all differences and support the implementation of the UCC. They should contribute to making it an instrument of social reform, a legislative framework that is fully aligned with the principles of justice and equality outlined by the Constitution, a code that provides legal protection against discrimination, equal human rights There is a progressive legislation to guarantee and embody. Shape the vision of the country’s iconic founders. This will be another step, very important, towards building a new, inclusive, egalitarian India that we all want.
M. Venkaiah Naidu is the former Vice President of India