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

       By    Narasimhan Vijayaraghavan

A perfect fit for those in ‘retirement’ or ‘retiring’. Learn to know that there is no word ‘retirement’ in Japanese lexicon. True. Here is a book that dwelled into how we can be engaged in a more fruitful and productive life, by pivoting when need to, from before ‘retirement’. A lovely book from someone who practices what he preaches to ‘live happily ever after’.

Professor Arthur C. Brooks is a renowned Harvard professor known for his expertise in economics, public policy, and social entrepreneurship. Born on May 21, 1964, in Spokane, Washington, Brooks has made significant contributions to academia and the public sphere.

Brook’s works have gained widespread recognition and influence, reaching audiences beyond academia. Some of his notable publications include “The Conservative Heart: How to Build a Fairer, Happier, and More Prosperous America” and “Love Your Enemies: How Decent People Can Save America from the Culture of Contempt.” These books reflect his emphasis on bridging political divides and finding common ground.

He now teaches the popular course on Harvard campus on ‘Happiness’. Brooks in ‘FROM STRENGTH TO STRENGTH FINDING SUCCESS, HAPPINESS, AND DEEP PURPOSE IN THE SECOND HALF OF LIFE’ digs deep into the second half of life of all of us. He calls the first one, pervaded by ‘strivers’ as ‘fluid intelligence’ when it is a flow. The second half, he calls it ‘crystallized intelligence’ which we ought to proactively tap into for a ‘fuller, better, productive life’ contrary to popular perception of retiring into the woods and sunset. Fascinating construct with research and data from authentic sources.

The bestselling author and popular Atlantic columnist ponders a way to “get off the hamster wheel of success and accept inevitable professional decline with grace.”

Drawing from his media columns and research, Brooks approaches the conundrum of the later-life career striver from a social science angle and presents the bounty of his analysis through advice and encouragement.

He begins with an idea that many professionals find personally devastating: that the majority will peak in their careers much earlier than they’d imagined, like entrepreneurial tech founders who experience creative declines in their early 30s. He examines the problem with psychologists and, most notably, career professionals feeling the pinch of dissatisfaction while remaining hooked on the pursuit of smoothly unabated career advancement.

Brooks shows how this process of decline can bruise pride and elicit fear, and he investigates how it can also be difficult to comprehend and even more challenging to accept, as it contradicts our innate instinct to continue creating successful ventures. In accessible, affable prose that also incorporates spirituality, including teachings of ancient Indian and Buddhist philosophers, Brooks discusses the psychology and addictive allure of satisfaction.

It may suffice to draw the reader into this opener. The book begins with Brooks telling the story of someone well known (he does not identify him) melting down on a plane because he felt like all his work had been for nothing. Having been at the top of his game, in his later years he knew he no longer measured up to that standard and judged his past accomplishments by his present ability. This is a warning. Brooks follows this anecdote with a chapter demonstrating that most people hit their decline much sooner than they recognize professionally.

The bad news is that the decline comes sooner than we would expect. The good news is that it is a particular type of decline. In general, younger people tend to be more adaptable and experience a higher degree of fluid intelligence.

Senior citizens among us have a whole new life ahead of us. It is not meaningless to say sixty is new forty. It is. It can be. If we choose to exploit our crystallized intelligence and not worry about the dissipation of fluid intelligence from aging.

The book has brilliant nuggets and vignettes to communicate the message with a cutting edge and razor-sharp intellect with experience in ‘living as he says’. The eastern and Indian philosophical connect is alluring to us, born and brought up in the culture.

It is undeniably a worthy read. You may be a ‘striver’ or one who had ‘strived’ with ‘fluid intelligence’. The message is : you can continue ‘striving’ with  lived experiences and wizened wisdom a.k.a.   ‘Crystallized intelligence.

(Author of multiple books and practicing advocate in the Madras High Court)