General Studies Paper 2

INTRODUCTION

• India, being a diverse nation, is home to many religions, each with its distinct personal laws governing marriage, divorce, adoption, inheritance and succession. It would be accurate to say that the absence of a Uniform Civil Code (UCC) has only served to perpetuate inequalities and inconsistencies in our land of rich diversity. In fact, this has been a hindrance in the nation’s progress towards social harmony, economic and gender justice.

IN THE CONSTITUENT ASSEMBLY

• The debate on the UCC goes back to the Constituent Assembly debates.
• Constituent Assembly debates shed light on the need and the objective behind promoting a common civil code.
• Babasaheb Ambedkar, the chief architect of the Indian Constitution, had made a strong case in the Constituent Assembly for framing a UCC. He stressed the importance of a UCC in ensuring gender equality and eradicating prevailing social evils.
• Since a consensus on a UCC could not be reached in the Constituent Assembly, the subject found a place under Article 44 of the Directive Principles.
• Thus, Article 44, in a sense, is the Constitutional mandate which requires the state to enact a UCC that applies to all citizens cutting across faiths, practices and personal laws.

THE APEX COURT’S CALL

• It would be also pertinent to point out here that the Supreme Court had dwelt on the matter on more than one occasion.
• The top court had observed in the Shah Bano case that “It is a matter of regret that Article 44 has remained a dead letter.”
• The Court had pointed out that a UCC would help the cause of national integration.
• However, despite articulating its views clearly on the subject in many cases, the Supreme Court refrained from issuing any clear directive to the government being mindful of the fact that the framing of laws falls within the exclusive domain of Parliament.

THE ESSENCE

• The UCC is, therefore, a step in the right direction, long overdue, to safeguard the fundamental rights of all citizens and reduce social inequalities and gender discrimination.
• It should be seen and understood as an attempt at creating a unified legal framework that upholds the principles enshrined in the Constitution and reaffirmed by Supreme Court judgments.
• The doubts in the minds of some and the opposition to this initiative stemming from unfounded apprehensions need to be addressed through enlightened debate and constructive engagement.

• It will serve as a powerful instrument for the promotion of equality and justice for all citizens. Seen in this light, every citizen should welcome it.
• A UCC would eliminate discriminatory practices that deprive women of their rights and provide them with equal opportunities and protections.
• Our diverse society calls for a unified legal framework to foster social cohesion and national integration.
• Personal laws should have a two-dimensional acceptance — they should be constitutionally compliant and consistent with the norms of gender equality and the right to live with dignity.

WAY FORWARD

• Finally, fellow citizens, leaders of religious groups and political parties should rise above all differences and support implementation of the UCC.
• They should contribute to making it an instrument of social reform, a legislative framework fully aligned with principles of justice and equity underscored by the Constitution.
• It will be a yet another step, a very significant one, towards building a new, inclusive, egalitarian India that we all want.