Uniform Civil Code in a Multicultural and Secular Society

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Available online:https://edupediapublications.org/journals/index.php/IJR/

Uniform Civil

Dep Email:

Abstract: Uniform civil code, in India, is highly misunderstood, undervalued and grossly unutilized concept which is lingering over the petty political interests of our lame legislative body. It has been tagged with various misconceptions like, it is being ‘forcibly imposed’, it is against the religious freedom granted under article 25,

lead communal riots, so and so. However that is not the clear picture if we see the long term perspectives of its successful implementation. Uniform civil code can bring uniformity, efficiency in laws and administration, it can unite different communities, it can lighten the burden of judiciary which is choking over various hues of religious laws, it can minimize communal clashes, it can save a lot of political and administrative energy to settle these clashes, it can bring gender equality, it can cleanse our election system which is dominated over sectarianism and religious vote banks etc. To call ourselves a civilized society we need no connection between laws and religion India can become secular only when it will move away from religion and caste compulsions. As today religion has become the most abused and misused ideology to fulfill vested interests. To consider

nearly every modern nation has a uniform civil code, India also needs to call herself progressive, modern and above all, ‘practically-secular’.

https://edupediapublications.org/journals/index.php/IJR/

ivil Code in a Multicultural and Secular Society

Deepak Kumar

Department of Public Administration Email: [email protected]

Uniform civil code, in India, is highly misunderstood, undervalued and grossly unutilized concept which is lingering over the petty political interests of our lame legislative body. It has been tagged with various misconceptions like, it is being imposed’, it is against the religious freedom granted under article 25, and it will lead communal riots, so and so. However that is not the clear picture if we see the long term perspectives of its successful implementation. Uniform civil code can niformity, efficiency in laws and administration, it can unite different communities, it can lighten the burden of judiciary which is choking over various hues of religious laws, it can minimize communal clashes, it can save a lot of political and rative energy to settle these clashes, it can bring gender equality, it can cleanse our election system which is dominated over sectarianism and religious vote banks etc. To call ourselves a civilized society we need tion between laws and religion. can become secular only when it will move away from religion and caste compulsions. As today religion has become the most abused and misused ideology to consider more, as nearly every modern nation has a uniform ode, India also needs to call herself progressive, modern and above all,

Keywords: Civil Code, Communal Rights, Religion, Caste, Vote Bank, Secular.

Introduction: A civil code is generally a set of laws and rules applicable to the concerns of marriage, divorce, property, guardianship, adoption , inheritance, etc which affects a coterie of private aspects of citizens. Civil codes by tradition are governed by religious rituals, which are losing their relevance in a modern liberal and progressive society. Many of these laws have become defunct, outdated and misused. Particularly, they are tilted against the rights of women and no progressive religion can stand against the welfare of women of their community. Thus, government should b sensitive enough to create an environment in which a Uniform civil code is not seen as Hindu or majority civil code, where Proper representation of all stakeholders are taken care of in the process of drafting

effective communication system is established to bridge any trust deficit between communities. Once the issue is lifted above from the communal domain, Uniform civil code will definitely see the light of day.

Now what does our constitution

Promise?

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ociety

Civil Code, Communal Rights, Religion, Caste, Vote Bank, Secular.

A civil code is generally a set of laws and rules applicable to the concerns of marriage, divorce, property, guardianship, adoption , inheritance, etc which affects a coterie of private aspects of citizens. Civil codes by tradition are governed by religious rituals, which are losing their relevance in a modern liberal nd progressive society. Many of these laws have become defunct, outdated and misused. Particularly, they are tilted against the rights of women and no progressive religion can stand against the welfare of women of their community. Thus, government should be sensitive enough to create an environment in which a Uniform civil code is not seen as Hindu or majority civil code, where Proper representation of all stakeholders are taken care of in the process of drafting , where effective communication system is established to bridge any trust deficit between communities. Once the issue is lifted above from the communal domain, Uniform civil code will definitely see the

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Available online:https://edupediapublications.org/journals/index.php/IJR/ one side it advocates for complete freedom

of religious practices as provided by

25which guarantees freedom of conscience and free profession, practice and propagation of religion, on the other side it also speaks of state’s control over

practices, though not directly but in an implied form as directed by article 44 and article 14(right to equality).

While framing the Indian Constitution, it was popularly debated

secular republic should have common for all citizens rather than variant

rules based on different faiths. Eventually, the uniform civil code was opted under Article 44 of the Constitution. However, this article falls under the 'Directive Principles of the State Policy' and thus, it

enforceable by any Court of Law and thereby becomes an irony.

The constitution says, "The State shall endeavor to secure for the citizens a

civil code throughout the territory of India."

India, being a land of diversity with religions, faiths, beliefs can

considered as a cradle of civilization. It this diversity of hues, which

founding fathers to think of ‘secularism’ the core value of our constitution.

it is said that absence of Uniform Civil (UCC) obliterates and obscures the character of India as -

A few believe that different personal laws property, adoption, marriage, inheritance and divorce from different religions tantamount to unequal state's treatment becomes antithesis to secularism At the same time, it is also argued

absence of Uniform civil code, cleavages between various sects and religions to exist with minimal of ritual-cultural exchanges, thereby thwarting the secular character of state.

https://edupediapublications.org/journals/index.php/IJR/ advocates for complete freedom

as provided by article of conscience and free profession, practice and religion, on the other side it also speaks of state’s control over religious practices, though not directly but in an implied form as directed by article 44 and Constitution, it that a have common law variant religious . Eventually, opted under Article 44 of the Constitution. However, this under the 'Directive Principles of the State Policy' and thus, it can’t be enforceable by any Court of Law and says, "The State shall to secure for the citizens a uniform throughout the territory of India."

a land of diversity with various be rightly civilization. It was which forced our think of ‘secularism’ as the core value of our constitution. However, is said that absence of Uniform Civil Code and obscures the secular

different personal laws of inheritance different religions

treatment and o secularism.

argued that in the code, cleavages and religions continue

cultural the secular

Do we really have a

secular democracy?

Indian secularism has been adjusting and changing its definitions time to time and there are multifarious views about its real image .Some believes in secularity others out-rightly condemns it .If India is being considered a truly secular

civil code should also have to be truly secular. Whether you belong to this religion or that, the same calculus yardstick should apply to all. A marriage is a marriage, no matter what your religion says, and a divorce is a divorce. The exigencies and sensitizations of religions do not need to be the parts of state, though these can be the parts of any temple, mosque

They need to stay that way only. If religion can play a role in helping families live in harmony that should be a welcome move. But when they decide to marry or divorce, it should be handled by the law of land.

There are some basic Factors affect implementation of Uniform civil India. The most leading one is prevalence of opinion that

Uniform civil code will be the intrusion into one's religion,

is bulldozing minority and this will t the unity and integrity of nation.

being the social insecurity of minority groups which are apprehensive of loss of identity among majority groups as

religious laws are sidelined

civil code .These two aspects are openly manifested but there is one more disguised reason which is hampering the road uniform civil code is the Status

groups which facilitates

interests time to time, they communal overtones, cultural

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Indian secularism has been adjusting and changing its definitions time to time and multifarious views about its real image .Some believes in secularity others If India is being a truly secular nation then its civil code should also have to be truly secular. Whether you belong to this religion or that, the same calculus yardstick should apply to all. A marriage is a marriage, no matter what your religion says, and a ivorce. The exigencies and sensitizations of religions do not need to be the parts of state, though these can be the parts of any temple, mosque and church. They need to stay that way only. If religion can play a role in helping families live in harmony that should be a welcome move. But when they decide to marry or divorce, it should be handled by the law of land.

Factors affecting the niform civil code in . The most leading one is the of opinion that Imposing will be the state's religion, like a majority bulldozing minority and this will threaten

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placards are highly manipulated during elections and courts.

Factors in favor of having such a

uniform code

 There are many laws among many religions related to society

whole and especially marriage, divorce,

inheritance, compensation, penalty etc., creating dilemmas of

One such law will definitely

uniformity of procedure and systematization of administration it would be much better for and judiciary to maintain a fair balance between law and order

 Most of current laws are and outdated having an

touch, so a new law fulfilling the need of 21st century would be a much rational need for

being.

 It will give more space fo and their rights, many been highlighted by Shah and Hindu Marriage Act disguised malpractices targeted like Dahej, Mehar, Talaq, Kanya daan etc

such issues will help in targeting satisfaction of approximately half our population i.e. women.

 A common civil code will help Indian society to move forward on the lines of a developed nation.

 When we allow our personal traditional values, we constitute alternate judicial system based thousands of years old rituals uniform civil code would change scenario.

manipulated during

Factors in favor of having such a

among many society as a for family, , property, inheritance, compensation, penalty dilemmas of confusion. will definitely bring of procedure and administration .So for executive maintain a fair play balance between law and order.

laws are obsolete an orthodox so a new law fulfilling the century would be a need for the time

space for women issues had by Shah Bano Case Act. Many would be ehar, Triple etc. Touching such issues will help in targeting the of approximately half of

women.

code will help move forward on

nation. our personal laws of

we constitute an nate judicial system based on old rituals. A rm civil code would change that

eliminate vote bank

 Article 14 talks about right, right to equality

only be justified if uniform civil code is established.

 Article 21, Right to Life and liberty: talks about meaningful

and dignified rights.

 Directive principles of state Article 44 of constitution on the state to have code.

 A gender-neutral justice system would be installed if Uniform civil code is followed which

compromised under laws.

Uniform civil code, if implemented would certainly act an adhesive force

diversity .It will strengthen and inter-faith bonding along with

women’s' status in society. However looking at the sensitivity

wider consultation forum

consensus based approach needs to be evolved which mandatorily include stakeholders.

But, successive governments have been constantly failing in implementing uniform civil code. Though Supreme Court from time to time, as in case of

Daniala Latifi, exhorted government to a uniform civil code. No doubt that implementation of a UCC will accentuate Indian secularism and its credentials leaching a common system

the judicial book. This way can actually maintain the diversity while fostering human rights that are sensitive to gender, region and religion.

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bank politics.

about a fundamental equality, which can be justified if uniform civil code

Article 21, Right to Life and liberty: talks about meaningful life with just

principles of state policy: constitution puts onus have a Uniform civil neutral justice system would be installed if Uniform civil which is currently under various personal

if implemented would adhesive force for Indian t will strengthen inter-religious along with elevating society. However, of this issue, a forum coupled with approach needs to be which mandatorily include all

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Uniform civil code debate to limelight. Since then various efforts have been made to actualize it but no genuine outcome realized.

The reasons to blame for its non

implementation are:

 Existence of Communalism

has made it a much politicized issue .Communalism makes the issue more vulnerable when the

appeasement is played certain sects and religions.

 Lack of clarity and

among religions on how it is to be implemented and what will be the repercussions.

 Apprehension

majoritarianism, which imposed on minorities.

 Feeling that a Uniform code is same as a Hindu code. It permeates a fear of identity loss.

 Weak political will, Polit

are not enough bold to manage its affairs.

 Religious demagogues fear their authority over the followers.

 Diversity of our country, having so many religions and beliefs, it

hard to put them under one law.

 Most people, being imbued in their religious rituals are not ready to adopt the truly secular laws separated from orthodox customs

A uniform code is a sign of a

progressive nation. It says that the nation has moved away from the evils of

religious politics. Insofar our economic growth line has been recorded highest

to limelight. various efforts have been made to actualize it but no genuine outcome realized.

for its

non-Communalism which made it a much politicized issue makes the issue more when the policy of is played towards sects and religions.

clarity and consensus mong religions on how it is to be what will be the

pprehension towards is being

a Uniform code is same It permeates a fear

Political parties are not enough bold to manage its

demagogues fear loss of the followers. country, having so

beliefs, it is very

one umbrella

Most people, being imbued in their not ready to fully truly secular laws

orthodox customs.

of a modern the nation has the evils of caste and our economic recorded highest in the

way. However, it is not that if Goa can have a common based on the lines of Unif other states can also think

Is it getting all political?

Whether the common men need a code or not, and who literally

implementation, the truth is however susceptible that this issue has been used only for temporary political gains

mobilized by protocol parties especially near elections where favor, others protest and no

about its genuine prospects and implementation. The only

happening over ground is

talking. The only agenda which has been displayed is how to sensitize people’s feelings .political parties for

multifarious tactics of influential publicity They believe in the idea that India

into multiple ideas and identities, these layered divisions of multicultural societies are always a fertile ground of politics and this ground can easily yield vested interests. The debate about uniform civil code should be above religion. It is not something which restricts one religion or facilitates other rather it should be realized

moral grounds. The issue should be debated on ‘’political and moral

because this conviction is

time which can put ideological concepts into reality, but unfortunately religion has been used to manifest political concerns only. This obscures the real time need and overshadowed the reality.

Is this the right time for

implementing UCC?

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that tough though, common family law niform Civil Code think of.

all political?

the common men need a common literally cares about its truth is however issue has been used only temporary political gains. People are parties time to time, elections where some parties no one really cares about its genuine prospects and thing which is mere ceremonial . The only agenda which has been displayed is how to sensitize people’s parties for this, use influential publicity. that India is divided ple ideas and identities, these layered divisions of multicultural societies are always a fertile ground of politics and this ground can easily yield vested interests.

uniform civil code should It is not something which or facilitates other be realized on political and The issue should be debated and moral conviction’’ the real need of put ideological concepts into but unfortunately religion has been political concerns only. obscures the real time need and

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Available online:https://edupediapublications.org/journals/index.php/IJR/ absorb its sensitivities though

has managed without a uniform since independence. But that is n as such a smooth run, and that ma is always compromised. So is now? We have genuine arguments

sides which depicts our secular and democratic republican nature

digest a common law for all of its citizens Moreover, now we have a majority government which can take bold decisions and whose acceptability will also

Today, Prime ministerial Leadership center is also highly considerable

unpopular decisions can be taken. Major opponents of these common codes Islamic Maulanas, they have largely become insignificant .Plus India is heavily moving towards an industrialized and urbanized society whereas these religious laws are way back from the feudal society.

Uniform civil code can create some sort national integration. The next level maintain unity in diversity. inhabited by people of all color religion, culture and languages.

burning challenge for this kind of umbrella law which directly confronts

laws, be it Christian, Muslim,

They all are legal concepts and they all ne reforms. For example Shariat law

drawn from Quran, same as

which is derived from various scriptures has the deep emotional value attached. change such traditional laws which regulates born to death rituals cannot be

changed by any constitution. acceptability of this reverential gust be accommodated with robust Unless this consensus is achieved, lead to national integration. Thus, imposition will not serve the purpose

https://edupediapublications.org/journals/index.php/IJR/ absorb its sensitivities though the country

uniform civil code . But that is not counted management compromised. So is it needed ine arguments on both secular and republican nature which can of its citizens. have a majority government which can take bold decisions also be high. ministerial Leadership at the considerable so even unpopular decisions can be taken. Major these common codes are largely become is heavily moving and urbanized whereas these religious laws are way

Uniform civil code can create some sort of nal integration. The next level is to maintain unity in diversity. India is color, race, languages. So it’s is a for this kind of umbrella directly confronts traditional be it Christian, Muslim, or Hindu. cepts and they all need Shariat law, which is as Hindu law which is derived from various scriptures and tached. So to traditional laws which regulates cannot be easily constitution. And the this reverential gust has to robust consensus. nless this consensus is achieved, it may not lead to national integration. Thus, only not serve the purpose and

precautions in hand.

Crucial aspects

1. Religion reforms are needed demand should genuinely people.

2. As a government feels, there should be a larger debate on UCC to decide if it should be there or not. It has to perform the advisory role.

3. If implemented the structure of uniform civil code should be minimalistic, if detailed it is going to encroach religions. However, no particular time may be

for our country to have a Uniform Civil Code in its entirety. And only a

change while interpreting various ethos of our multicultural diversity can absorb such a law .Different communities

to adjust change gradually r

forced abruptly. Again the focus comes over consensus-fiber which has

among all cultures. However

to be taken care of is to see that such debates can happen without polarizing

The society should understand

religion is to be open for reform and adjustments of progressive laws. Representatives of religions should come up with their idea of progressive laws and then the common laws among them should be implemented first. This becomes cr especially to improve the conditio women and minorities. For such sensitive issues a bottom up approach is needed where reforms should start from below rather than imposition from top. There should be wide range of discussions

stakeholders and the fear of identity loss minority religions should be addressed.

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are needed and the genuinely emanate from As a government feels, there should be a larger debate on UCC to decide if it It has to perform the structure of uniform minimalistic, if it is to encroach religions. particular time may be perfect

a Uniform Civil And only a gradual nge while interpreting various ethos of our multicultural diversity can absorb such a

ifferent communities will be willing change gradually rather than being

gain the focus comes which has to be built

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Conclusion:

We have to stop

issue of uniform civil code through the lens of religion and communalism

carry out a well negotiated understanding aiming at only human rights in general women rights in particular. This way uniform civil code won’t remain a distant reality. Plus we need to understand

aiming an absolute uniformity in a state of diversity is a utopia; our diversity

pave way for a clean slate to start w

solution lies in an informal inculcation of basic guidelines in every law whether religious or a state law. Religion is always sacred to humans and any change to their old tradition should be done by providing proper reasoning and validation .This

turn broaden the acceptance for a uniform law without giving it a communal or political dimension. Without bringing people on same page any force full change will not bring any kind of reform and will result into an atmosphere of apprehensi contradictions.

https://edupediapublications.org/journals/index.php/IJR/ to stop judging the

issue of uniform civil code through the lens and rather negotiated understanding rights in general and This way the uniform civil code won’t remain a distant reality. Plus we need to understand that

uniformity in a state of our diversity will not pave way for a clean slate to start with. The solution lies in an informal inculcation of basic guidelines in every law whether religious or a state law. Religion is always sacred to humans and any change to their old tradition should be done by providing proper reasoning and validation .This will in turn broaden the acceptance for a uniform law without giving it a communal or political dimension. Without bringing people on same page any force full change will not bring any kind of reform and will result into an atmosphere of apprehensive

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Available online:https://edupediapublications.org/journals/index.php/IJR/ 

http://www.thehindu.com/opinio n/open-page/uniform

will-it-work-in-india/article6625409.ece retrieved on Nov 23, 2014  www.firstpost.com/…red

minorities-2866988.html

 www.thehindu.com/…8/13/stori es/2003081300341000.htm  www.bu.edu/…lies/2015/06/baj

pai-paper-formatted.pdf  www.insightsonindia.com/…

ty-critically-comment/  en.wikipedia.org/wiki/

civil_code

https://edupediapublications.org/journals/index.php/IJR/ http://www.thehindu.com/opinio

page/uniform-civil-code-india/article6625409.ece

Nov 23, 2014

www.firstpost.com/…red-real-2866988.html www.thehindu.com/…8/13/stori es/2003081300341000.htm

/2015/06/baj formatted.pdf

www.insightsonindia.com/…grit comment/

en.wikipedia.org/wiki/Uniform_