Day 39 – Q 4.The absence of a Uniform Civil Code undermines India’s secular credentials. Critically comment.
4. The absence of a Uniform Civil Code undermines India’s secular credentials. Critically comment.
एक समान नागरिक संहिता की अनुपस्थिति भारत के धर्मनिरपेक्ष साख को कमजोर करती है। समालोचनात्मक टिप्पणी करें।
INTRODUCTION
The Uniform Civil Code is the state’s intervention to revive religion according to the Constitution. Article 44 of the Constitution directs the state to implement the Uniform Civil Code to ensure the implementation of the values of Secularism imbibed in the Preamble, Fundamental Rights & DPSPs of the Constitution. The absence of which has been one of the biggest issues of debate in Independent India.
BODY
Uniform Civil Code though mentioned in the Part 4, i.e the DPSPs of the Constitution- they are unenforceable in the courts, the political leadership has been unable to bring this Art 44 of the Constitution in actual practice due to various political compulsions and the issues of independent India. It was seen that Parsi laws and Christians laws were regulated during the British; Hindu, Sikh and Buddhist laws were regulated by Anand Marriage Act. However, it is argued that absence doesn’t undermine India’s secular credentials as-
- Secularism is mentioned in mentioned in the Preamble of the Constitution of India.
- Secularism is also implicitly mentioned in the Fundamental Rights (Article 25-28)
- It gives different religions a sense of confidence that their practices are not been undermined.
- It calls for an Internally derived solution, where people develop sensitivities for different religions themselves.
- It could be considered to be a way for upholding minority rights.
- It gives importance to the idea that Nation can be formed out of different practices of different religions.
- Bringing UCC cannot mean just forcibly imposing a certain sets of rules; it should be brought by prolonged debate, deliberation and by ensuring consensus of people of India.
However, it is often accused that not enforcing Uniform Civil Code- is due to political appeasement of the day & it has many adverse effects of the Dream of India seen during Independence
- Absence of Uniform Civil Code, leads to different treatment of different people.
- Against Article 14- the concept of equality before law.
- It affects integration of the country, as it is perceived as a measure of appeasement.
- It leads to the suppression and subjugation of women of the country due to discriminatory practices e.g-Triple Talaq.
- It increases the scope of Arbitrary policies- which might be unjust and suppressive in nature – Untouchability, Nikah Halala practice etc.
- There is a lack of uniformity in dealing with various cases and issues related to different religions.
- It can develop a sense of insecurity in minds of people of other religions on differential treatment of people of a specific religion.
- It goes against the Indian form of Secularism, which is of “Principled distance”.
- Constant religious tussle has been seen over the period of time due to absence of UCC.
- Number gains an edge-by the fear of mass protests-over and above the Prudential of implementing a particular law.
- It would be better for India consisting of different religions, languages, regions – to take UCC as a guiding lamp than to draw rights of arbitrary orthodox religious laws.
CONCLUSION
While different minorities have been opposing UCC to uphold their individual rights & upholding their right to religion; the majority wants it to maintain homogeneity. The solution lies in debate, deliberation, taking different stakeholders into consideration, it should be completely depoliticized process-keeping the national interest at the core, it should be more of bottom-up than a top-down approach. Thus, Uniform Civil Code can India to realize it dream if implemented effectively.
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