A NON-DISCRIMINATORY LAW FOR A SECULAR NATION
Post-independence, the requirement of a Uniform Civil Code (UCC) for its citizens was deliberated by the makers of the Indian constitution. However, due to the prevailing circumstances wrt personal laws, UCC was put on hold at the national level till the desired social and economic development of the nation, but it was stated in the Constitution that states were to secure the UCC for all it’s citizens as their bonded duty. Accordingly, UCC forms part of the directive principles of the state policy enshrined in Article 44 of the Indian Constitution.
More than 70 years have elapsed but the issue of bringing in UCC is still hanging in balance causing social irritants. It is surprising that in secular nation like India, there exist various personal laws across the communities which allow them to follow different rules with respect to marriage, divorce, inheritance, adoption, succession, etc causing social imbalances in the society, especially the women as they have been discriminated in such rights.
It is ironic that some age-old citizens from outside India tour India to marry 12-14 years old girls for the duration of their stay in India under the umbrella of “Traveller Marriage”, a woman cannot adopt a child and have no right to property on the unfortunate death of her husband, men can have plural marriages, etc. Therefore, this is the high time to introspect these issues and right time to bring in UCC.
The non-implementation of UCC appears primarily due to political and religious considerations which is against the secular fabric of India. Another factor against the UCC often quoted is the provision of the constitution to the right to religion of choice in the shadow of personal laws. There have been instances where the Honourable Supreme Court while dealing with various complex cases has strongly advocated the need for UCC. The issue has also been deliberated at a national level and at present, there exists a conducive political and social environment towards the implementation of the UCC.
UCC will benefit all citizens irrespective of caste, clan, colour, creed, religion, gender, etc and abolish all existing Hindu, Muslim, etc personal laws. Today there are tremendous improvements in social, education, health , infrastructure fields and there is all-round development, prosperity, and awareness among society and especially the younger generation. Therefore, the implementation of UCC merits serious consideration as this will provide equal rights to its citizens, promote national integration, promote gender equality, women empowerment with respect to marriage, divorce, succession, inheritance, adoption, maintenance, etc in a secular nation of ours.
ONE NATION ONE LAW FOR THE NATIONAL GROWTH
In general, secularism refers to the separation of religion from political, economic, social and cultural aspects of life. Thus, religion is considered a purely personal matter and it emphasizes the dissociation of the state from religion. In this background, the requirement of a Uniform Civil Code (UCC) for all its citizens was deliberated by the makers of the Indian constitution. However, due to the prevailing circumstances, UCC was put on hold till the desired social and economic development of the nation, but states were required to secure to it’s people the Uniform Civil Code. Accordingly, UCC forms part of the directive principles of the state policy enshrined in Article 44, Part 4 of the Indian Constitution.
More than 70 years have elapsed but the issue of bringing in UCC is still hanging. It is surprising that in a secular nation like India, various personal laws dominate over the constitution wrt marriage, divorce, inheritance, adoption, succession, etc causing social imbalances in the society, especially the women as they are deprived of many such rights. It is pitiable that there are provisions like traveller marriage, they cannot adopt a child and have no right to property on the unfortunate death of their hhusband. Further men can marry four times, but women have no such rights. Therefore, this is high time to introspect on these issues and bring in UCC at the earliest.
The non-implementation of UCC appears to be due to political and religious considerations which is against the spirit of the secular fibre of India. Another factor against the UCC often quoted, is the provisions of the constitution about the right to religion of choice in the shadow of personal laws. In this connection it is pertinent to mention, that there are number of instances where the Honourable Supreme Court itself, while dealing with various complex cases has strongly advocated the need for UCC.
Today there are tremendous improvements in social, educational, and economic conditions of the people and there is all round prosperity, and enhanced awareness among society, especially the younger generation. The issue has been deliberated at various levels and forums and it is felt that, today a conducive political and social environment exists towards the implementation of the UCC. Therefore, the implementation of UCC merits serious consideration as this will provide equal rights to its citizens, promote national integration, promote gender equality and lead to women empowerment with respect to marriage, divorce, succession, inheritance, adoption, maintenance, etc in a secular nation of ours.
In view of the foregoing, the implementation of UCC in secular India is the need of the hour and must be implemented at the earliest for all it’s citizens irrespective of caste, clan, colour creed, religion, gender, etc.
Jai Hind