Why it is right time to discuss and work towards a Uniform Civil Code, shorn of religious rhetoric

Debate on the Uniform Civil Code (UCC) is as old as the Indian Constitution. Intentions of the Constituent Assembly were clear — that UCC was desirable, hence it was inserted in Directive Principles. Courts of India have been prodding successive governments to bring in UCC. They raised this issue in 1985, 1995, 2015 and again in 2017 while giving their ruling in the triple talaq case. The issue has heated up again as it is a part of the manifesto of the ruling party, BJP, and sustained efforts by orthodox Muslim leaders to make the Constitution subservient to the Shariah. They believe that the UCC will be anti-Muslim. The recent public demonstration for allowing hijab in educational institutions is the latest manifestation of this urge to put the Constitution below their religious beliefs.

Earlier, there was huge public resistance to the Shah Bano maintenance judgement that resulted in an amendment to the Constitution — the first step towards making the Constitution subservient to the Shariah. Then, came the CAA followed by ban on triple talaq. In fact, even nullification of Article 370 was treated as anti-Muslim. Shah Bano’s case of maintenance for a poor divorced old woman and triple talaq were not a matter of religion, but of gender justice. The CAA (Citizenship Act Amendment 2019) was aimed at persecuted minorities outside India in its neighbourhood; it had nothing to do with any citizen living inside India.

Article 370 was not a repudiation of “Two Nation Theory”, first propounded by Sir Syed Ahmed Khan, the founder of Aligarh Muslim University; it was an acceptance of the theory that minorities were separate from the other Indians and needed special treatment. It, actually, is a serious issue of Central laws not reaching the common people of Jammu Kashmir, a matter of uncertainty in the mind of the people of Jammu and Kashmir and while dealing with Pakistan that resulted in sustained disturbances in Jammu and Kashmir. It gave birth to Article 35A surreptitiously inserted in Constitution without following the due constitutional process that was highly discriminatory against women, Dalits, minorities (like Gorkhas), and a million refugees who landed up in Jammu and Kashmir from Sialkot as they were too poor to travel to Punjab. The result was a denial of citizens’ rights, human rights to the above-mentioned people, numbering more than a million. But, the issue was treated as anti-minorities.

This is the mindset that resists UCC. Do many people wonder what could have stopped Pandit Jawaharlal Nehru from pushing through Uniform Civil Code when he had massive support from within and outside the party in the 1950s? Why did he stop at Hindu Code Bill? The simple answer is a lack of political courage. This was the reason why UCC became a part of Directive Principles, stating: “The State shall endeavour to secure for citizens a uniform civil code throughout the territory of India.” It was a grave mistake not to do what was needed to reinforce the idea of an egalitarian democratic society. The golden hour was lost.

***

Also Read

After Uttarakhand and Uttar Pradesh, growing calls in BJP-ruled states for Uniform Civil Code: What does this mean for India?

Were in favour of Uniform Civil Code, its necessary for UP, people of the country: Keshav Prasad Maurya

As Uttarakhand shows its intent on Uniform Civil Code, it’s time to debate its nuances in detail

***

It is strange that people who are opposing it have not seen any draft of the proposed UCC as there is none. Surely, it is not going to be an imposition of the Hindu Code. If a UCC means Hindus losing benefits like Hindu Undivided Family or extending this benefit to other communities, let it be. If it means equal inheritance rights for women, contrary to different rules in different communities, it would be great. If UCC means easy divorce and equal rights for women to divorce, it is welcome. If UCC means easy adoption of children for families of any religion, it would be a great service to social wellbeing and children’s future.

In a TV debate in October 2015, Father Shankar of the Delhi Diocese said that though Catholics have their laws, they are clear that they must obey the laws of the land where they reside. He said Christian would have no problem with Uniform Civil Code. He rightly asked, where is this Code? It has not been defined anywhere.

From the authority of learned Muslim scholars like Sultan Shahin, I can say that Shariah is not a divine God-given law. Codification of Shariah based on Quran and Hadis (which was recorded over 200-300 years after the Prophet’s death) began at the time of Khalifa nearly 30 years after the death of Prophet Mohammed and was a work in progress for nearly 100 years. The majority of these laws have not come from the Quran and they reflect the traditions of Arabic societies of those times. It is not uniform across all sects of Muslims. It has been modified as per local culture in different countries. Most Islamic countries have outlawed many clauses in Shariah.

The way Muslim women have come out strongly against malpractices in the name of Shariah tells us that the urge for reforms is unstoppable now. We can see this even in the hijab debate that Muslim women are opposing their own orthodox people who wish to exhibit their separateness from society. The intransigence of orthodox clergy and their rising bogey of religious freedom to force its patriarchal attitude through unrepresentative bodies like AIMPLB tells us that the legislative path is the best way to bring in UCC.

Simply put, the need for Uniform Civil Code flows from the very definition of secularism. Secularism by Western definition is based on the separation of Church (religion) and State (government). If we go by the secular Indian ethos; respect for individual faiths is inherent in the Indian psyche. But it shouldn’t mean abandoning ‘Dharma’ in its pristine definition. Dharma holds society together through ethical rule of law, not religion. It means justice for all. Only a society based on this Indian concept of ‘Dharma’ or ‘Dhamma’ can hold together and be just to its people. This is why UCC needs also to be seen as an equal treatment to all the communities by the state as its Dharma.

Laws should be equal for all citizens irrespective of religion, caste or gender. In a secular democratic country, no religious law can be above the Constitution. If we can accept uniform criminal laws, then we should be ready to accept uniform civil laws. They don’t impinge upon one’s religion. Goa has had UCC for decades. No citizen of any community has had any problem with it. This shows that the opposition is political and not driven by an urge to provide justice to the citizens, especially weaker sections including women and the oppressed.

The miasma of civil laws has made the lives of people seeking justice very painful. There is an urgent need to demystify civil laws for common people to seek easy and fast justice, just as there is a need to simplify outdated criminal laws. What is the use of laws if they give justice to a poor Shah Bano in three decades or release an innocent person after 10-20 years in jail as an undertrial? What is the use of laws that require a costly advocate to decipher them for a poor litigant and allow the cases to be dragged on for years that break the willpower of the litigant rather than give justice?

However, if there are communities bent on forcing their own beliefs over the Constitution, then UCC might become counter-productive. It may end up only affecting law-abiding citizens while rogue elements may refuse to obey them and go scot-free. The State needs to be firm in enforcing every law. This is the first requirement. Only then talk about UCC.

At a time when several states like Uttar Pradesh are considering implementation of the UCC, let us discuss and work towards a Uniform Civil Code, shorn of religious rhetoric, based on universal principles of equality before the law.

The writer is a well-known author and columnist. He has written seven books on RSS and done his PhD on RSS. The views expressed in this article are those of the author and do not represent the stand of this publication.

Read all the Latest News, Trending News, Cricket News, Bollywood News,
India News and Entertainment News here. Follow us on Facebook, Twitter and Instagram.