- Better place the draft UCC Bill in public domain so that specific suggestions could be made by all stakeholders
- Had not been lost in political gamesmanships UCC would have been amicably in place long back
DAYA SAGAR
It is not out of place to mention here that generally the debates /discussion that are initiated as regards Uniform Civil Code (CCC) or Common Civil code (CCC) are understood by common man as related to different laws related to Hindu and Muslim communities in India ( may be that is the reason for controversies heating up whenever someone talks of UCC and the issue gets lost in political webs) where as it relates to all the religious communities that exit in India ( even amongst different social sects/ segments with a religious community ).No doubt in recent years those demanding for UCC have made reference to Art-44, though a directive principle, which lays down that . No doubt Art-37, though this too is a directive principle, at the same time also says that the provisions contained in t Part-III of Constitution of India shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.> . Those who just oppose UCC for political reasons & not for technical reasons do quote Art 37.
No doubt reference of Uniform Civil Code/ Law has been there in Art-44 of COI the subject came more in debates after the April 23, 1985 judgement of Supreme Court of India in the Shah Bano Case (Mohd. Ahmed Khan Vs. Shah Bano Begum) , an old divorcee Muslim woman ( The Supreme Court dismissed the appeal and upheld the decision of the High Court. The Supreme Court explained this judgment by saying that, even if there is a conflict, section 125 of CrPC is a secular law, and hence, applies to all women, irrespective of their religion. It further stated that CrPC shall prevail over Muslim Personal Law in case of a conflict )The then Congress government at the Centre buckled under the pressures of a section of political leadership and in 1986 brought a law (The Muslim Women (Protection of Rights on Divorce) Act, 1986 ) to overturn the decision of the Supreme Court of India.
But unfortunately the subject has remained only a ‘bait’ for playing vote games during elections for the political rivals and no unbiased community groups have tried to play some meaningful role in this regard.
Surely a uniform Civil Code /common Civil Code would provide more cementing ‘grits & yarns’ to national spirits of any National and no one should oppose that. No doubt it has to be appreciated that India is a country multiple religions/ customs/ sects / geographical cultural engagements and preparing a UCC would require very intimate/ passionate/ accommodating and analytic inputs. But still it has to be truthfully admitted that had the politicians in India been not taking the UCC issue more as a political gamesmanship issue there would have been either no need for a UCC in India or long time back UCC would have been installed.
*The subject of UCC is very pertinent but has to be taken up with care since particularly over last three decades the subject has been discussed more with political vote bank considerations and mostly common understanding has been limited to only customs / social law related to marriages amongst different communities particularly amongst Hindu and Muslim communities only where as the scope of common civil code / UCC is to extend over many more subjects &even sects amongst different religious communities so it needs very careful & intricate working and we have to also see that no politician is able to use the issue of reforms in the name code of Uniform Civil Code for political controversies/ rivalries.
To working out a template for drawing a comprehensive acceptable UCC for citizen of India for Law Commission of India a vast sea of target beneficiaries / state holders will be there along with already existing social customs / laws like the Marriage Act, Succession Act, Minority and Guardianship Act, Adoptions and Maintenance Act, Married Women’s Property Act of 1923,Hindu Inheritance (Removal of Disabilities) Act, 1928, procedures for Hindu marriages, divorces, adoptions and inheritance, tribal customs / tribal , etc.
All goods of the UCC when drafted will have to be taken amicably amongst all those who have been against such law code and have been pleading / will plead such actions against the secular ethos of Constitution of India and infringement of the beliefs and customs in individual religious communities /sects Hindu/ Muslim/ Christian/ Sikh.
Therefore it is very earnestly requested that if possible some draft of reform Doc / Bill , if at all has been prepared by 22nd Law Commission of India based on the consultation paper on “Reforms of Family Law” prepared by 21st Law commission of India on August 31, 2018, may be provided/placed in public domain by 23rd Law Commission as early as possible .
(The writer is a Sr Journalist , social activist & analyst of J&K Affairs)