Uniform Civil Code (UCC) is a constitutional reality for India. It is stated in the state policy directive that “the state shall endeavor to secure for the citizens a uniform civil code throughout the territory of India.”
It is important to note that the Directive Principles of State Policy, where this is stated, are not justiciable or mandatory, and are only a guideline. But this in no way dilutes the essence of this thought that basically concerns itself with ensuring equality for all.
So if this sounds so good and logical, what’s the fuss about? Well, that’s again due to a constitutional reality. The same Constitution, under Articles 29 and 30 promises minorities the right to conserve their culture and script, and run their own educational institutions. It is precisely here where the contention commences as the constitution is interpreted differently by different sets of people.
With the government in India deciding to start wider consultations on UCC, the air in India once again hangs heavy with the din of UCC. The cat has been set amongst the pigeons. Breast-beating and gloating too has commenced across the socio-political spectrum in India.
Note that this is not a Hindu-Muslim issue, as it is largely projected by a vocal minority. The dimensions of UCC are beyond the followers of Hinduism and Islam. The Parsis, Jains, Sikhs, Buddhists, and Christians have their own civil codes.
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Interestingly, although the hindus have their own set of personal laws, the case of muslims is different. The Muslim Personal Law is yet to be codified completely. The case is so as there are at least six schools of jurisprudence among the muslims. Sunnis follow four and the Shias refer two. Also, the Muslim Personal Law does not cover a large numbers of Muslims, who prefer their own interpretation of Shariah law.
Getting back to the relevance of UCC, one must remember that the most important demand religious minorities can make in secular India is to be treated equally. And UCC aims to do just that with promising all communities same rights and opportunities as being currently practiced by the majority community in India.
If you come to think of it, with each community having its own set of personal law, there is such an imbalance in the society, which is best avoided, considering the social realities of India and obviously the population of the world’s largest democracy and second largest country.
Rules should be universal
“The presence of Personal Laws only gives the very active communal forces a convenient stick to beat each other. Giving one the right to be governed by one’s own personal law gives others an opportunity to claim that the one with a Personal law is some kind of a privileged minority,” says Anjani Rai, a computer professional.
Rai further adds, “So, the best is to have a uniform set of rules for Indians.”
This makes sense, especially when one considers the divisive politics rampant in India. In a country where religion is sadly used as a platform for politicking and members of each religion having some sort of different rules governing them, the society in India is naturally susceptible to instability. Having a uniform set of rules governing Indians is in fact the need of the hour.
Critics may dismiss this approach and raise the din of democracy and freedom but democracy and freedom in no way talk about promoting divisive ideas. The country needs to stand as a united force.
Talking about force, let us take the case of the armed forces. The armed forces would not be so had they not been governed by a single set of rules, which applies to all its members, cutting across the barriers of caste and creed. And it is precisely this uniformity that makes a military a force to reckon with.
So, if UCC promises that all Indians are covered under the same set of laws on civil and commercial matters, there is no reason why one should be sceptical about its relevance in India.
Before rising against it or indulging in hysterical jubilation, the communal forces must realise that the issue needs to be supported in larger interest of India.
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