Puran Chand Sharma
“No force on earth can stop an idea whose time has come” Victor Hugo.
This famous quote of Victor Hugo perfectly holds good in case of Uniform civil code which was required to be enforced in 1950 itsellf but in vain. The main architect and the compiler of the constitution Dr. B.R. Ambedkar fervently wished it to be implemented with immediate effect after partition of the country on communal basis succumbing to the irrational demand of hard core elements for separate homeland on religious lines. The Dispensation of the times could not take firm stand on this extremely significant issue as sequel to lack of consensus and just shelved it for their successors at a very crucial moment when the conditions were comparatively more congenial to seal it once for all. However, past being like a stale cheque which can’t be encashed at this point of time, it shall be in fitness of things to gird up our loins for the final assault and resolution of the vexed issue. This appears to be the will of the providence coupled with firm resolve of our strong willed and visionary prime minister who is blessed with uncanny knack of decision making to initiate revolutionary measures in the service and progress of the nation. Let us briefly discuss as to what exactly is the Uniform Civil Code. Why it is so significant and essential to implement it in this twilight hour when the country is well poised to take a quantum jump to notch up the top position on the world horizon?, Its typical pros and cons as well as deeper impact in our social conduct vis- a-vis our religious diversity and national integration.
The issue of implementation of ‘ Uniform Form Civil Code ‘ did figure in the deliberations and debates of the constituent Assembly to conclude and produce a fool proof scripture of working knowledge and enlightenment for the people holding the reins of power and the responsible citizens as well in the shape of constitution. A peep into the history reveals that our political stalwarts could not arrive at a consensus for enforcing the UCC, therefore, it was given a place in Directive principles under article 44 of constitution. In fact this article is indicative of inherent mandate to enact uniform civil code to take care of the religious inequalities and inconsistencies to promote understanding amongst the diverse communities living in the country. It is utter surprise that despite having accomplished a journey of seventy five years as an independent country, we have kept this highly imperative issue on the back burner as sequel to lack of will power and unflinching commitment and the inordinate delay has not served the coveted purpose. At this critical juncture the things are reaching the flashpoint, so this is high time to swing into action, set our house in order to give a strong message to the divisive and inimical forces hell bent on creating bitterness and mayhem in our instinctively secular and peaceful country. Beyond an iota of doubt ‘UNITY IN DIVERSITY IS OUR STRENGTH’ but excess of everything is bad, therefore, uneasy compromises and adjustments can’t be permitted for ultimate progress and prosperity of the country. Nevertheless, it shall be appropriate and advisable to intently weigh pros and cons of this matter of grave concern and extreme importance for establishing ourselves as self reliant and powerful nation in the world under the most challenging circumstances. Let us now turn focus on the repercussions, hindrances and desirable impact:-
There is no denying the fact that over the years our country’s onward march towards social harmony, economic and gender justice experienced great deal of setbacks in absence of a uniform civil code. In famous Shaw Bano case, the Apex court had observed that it is a matter of regret that Article 44 has remained a dead letter and pointed out that UCC would help the cause of national integration. The top court further ruled that,” In the constitutional order of priorities, the right to religious freedom is to be exercised in a manner consonant with the vision underlying the provisions of part 3 (Fundamental Rights)”. Indian young Lawyers Association case (2018). However, despite articulating its views clearly on the subject in many cases, the supreme court refrained from issuing any clear cut directive to the Government being mindful of the fact that the framing of laws falls within the domain of Parliament. In nut shell, the essence of the matter is that UCC is a step in the right direction and is long overdue for the purpose of safeguarding the fundamental rights of all citizens, reducing social inequalities and gender discrimination. It is pin pointedly aimed at creating a unified legal frame work that upholds the principles enshrined in the constitution and reaffirmed by supreme court judgements. Few opposition parties and the politicians drawn from diverse communities in the country seem to harbour some doubts and fears which are baseless and unfounded and can be properly addressed by virtue of enlightened debates and constructive dialogue. Everything should not be looked through the political lenses. The essential point is that UCC would eliminate discriminatory practices that deprive women of their rights and shall provide them equal opportunities and protections.
Our diverse society urgently needs unified legal frame work to foster social cohesion and national integration. Its time has come. Saner elements of the society have a vital role to play in this long pending cherished national dream by getting organized and mobilizing the public opinion and creating healthy environment for smooth enactment of UCC by the Parliament at the earliest opportunity which is now knocking at the door. The committed and determined dispensation of the current times needs our whole hearted support for the ultimate master stroke. Our efforts in the beginning of our innings as sovereign state just after independence with partition of the country sans complete transfer of population might have not succeeded to enforce UCC but there is no plausible reason to get bogged down at this critical juncture. It is well said by our legendary President A P J Abdul Kalam “Winners are not those who never fail but winners are those who never quit.”.
