Editor,
In Manipur schools have reopened after the 2-month long ethnic clashes. Will the issue of Uniform Civil Code (UCC) not again disturb the normal situation in Manipur? The Government has to decide whether peace in the State is a priority or UCC? It is the election agenda of the BJP to implement the UCC but the party cannot view this like its two other promises of Ram Temple and abrogation of Article 370 in Jammu and Kashmir which form part of its ‘core manifesto. The party may want to push through with the UCC with the same enthusiasm before the general elections of 2024 but it must recognise that the UCC is different because intricate processes of persuasion and negotiation must follow before deciding on the matter since it touches all citizens and reaches deep inside their ways of life for generations and also their personal spaces. It requires a patient engagement and intricate processes of persuasion and negotiation and not the using it to polarise the political environment. The point that needs to be made is that UCC does not affect Muslims alone ,as it is made to appear in the emerging debate. It affects the Hindu majority too as well as the various other minority communities and tribal groups. Fundamentally it speaks about concerns of gender equality and justice. But amid a take-over by a hardening identity politics, those issues are in danger of being given short shrift.
Meanwhile, even the Prime Minister too has spoken on the desirability of such a code in keeping with the Directive Principles of State Policy and on the same Policy the government of Uttarakhand appears well on its way to introducing a draft UCC at the state level as the process of consultations and inviting suggestions is complete. Meanwhile many faith-based organisations, in the main but not limited to minority religious bodies, have expressed their reservations,
Last month the Law Commission of India had invited individuals, civil society organisations and religious outfits to submit their views on the UCC. But the burning question that arises is why the Law Commission had refused to implement the same in 2016 and 2018 during the tenure of the present government then what is the urgency in implementing it now?
The framers of the Constitution were mindful of the diversity of this country and hence decided that the final document they would prepare will be a protective cover for the single individual irrespective of caste /religion, sex, region. Other conceivable markers that differentiate one individual from the other and the state would be a tool to enforce that cover. It is not without reason that Article 14, which states that “the state shall not deny to any person equality before the law or the equal protection of the law within the territory of India and Article 15 which inter alia, ensures that the state shall not discriminate. It is a fact that discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them have been celebrated so much by the people for whom independence of the country and its continuation matters..
This single individual whom the Constitution sought to protect is still being subjected to injustice on so many fronts- economic, political, legal, civil etc., and we as a nation believe that we are making attempts to address them. It is a fact that the personal laws of several communities are not in line with the idea of freedom of a modern society and hence we must make efforts to make suitable amends but it is not yet clear if a uniform approach to address the issues of different communities is the best way forward.
Modi was only highlighting this fact because tribals across India follow customs distinctly different from others and they are protected by Article 13 of the Constitution. It is important that we do away with the laws that stop people from accessing justice but the notion of becoming a nation that follows uniform laws in all spheres of human life would be contradictory to the idea of celebrating our diversity. An insistence on it could have unexpected consequences. True, India has hollowed out Article 370 which conferred special status on the state of Jammu and Kashmir but still retains Article 371 which contains special provisions for 11 states, including the six states of the Northeast, with a view to protecting their customs.
The Directive Principles of State Policy listed in the Constitution describes the destination the Indian nation will reach when we are able to meet all the promises- justice, liberty, equality and dignity of the individual – mentioned in the Preamble. Since the journey must be as noble as the destination, we as a nation have a duty to ensure that everyone is on board while we travel. and Modi just wants us to pause before we rush towards it.
According to some experts the need for or against UCC boils down to two primary “impulses.” The first of these relates to the fear that a UCC will become a “blueprint for the dominant group’s laws to subsume all others.” Therefore, it goes against smaller communities, preventing them from preserving their unique cultural mores. On the other hand, the second impulse relates to the argument that diversity is a “misguided reason” to excuse abhorrent practices, especially ones that subjugate women in matters of marriages, divorces, inheritance, and maintenance.
These two instincts are not incompatible, but merely point out that the focus should be on creating a more gender-just code and ensuring that no personal law is allowed to violate the basic rights guaranteed under the constitution. Once that line is established and agreed upon by the stakeholders involved, the government of the day can hold wide consultations before deciding on the matter.
A statement from Constituent Assembly member Naziruddin Ahmad on the UCC is that the country should proceed not in haste but with caution, with experience and with statesmanship .
Another scholar holds the view that the issue can no longer be in the cold storage and the opposition must spell out its stance on the matter. The issue cannot remain on the back burner, now that the election season is once again upon us and the motley Opposition groups are searching for unity. Let each Opposition group spell out its stand on UCC. The Muslim clergy has spoken in one word: And it is a big and firm no.
Yours etc.,
Yash Pal Ralhan,
Via email
