Omkar Dattatray
Thanks to the Indian law commissions initiative of soliciting and inviting of suggestions to the proposed uniform civil code’s application in the country. In fact a new big debate, discussion and deliberation has started in the country due to the Law Commissions inviting suggestions from political parties, religious leaders and all other stakeholders. The fact is that the UCC is need and necessity of the modern times and it should be implemented throughout through-out the country. But the irony is this that whenever any efforts are made to enact the common code for all citizens in the country, undue hue and cry is created to scuttle the sincere efforts. The Congress, SP, RJD, JDU, CPIM, and all the so called secular parties are opposing it only for vote bank politics but it should not be done.
The logic behind the UCC is that when all citizens of the country are equal before the law of the land and when they enjoy similar rights under the constitution, then there should not be the distinction between the citizens so far as their right to divorce, inheritance, adoption, marriage etc is concerned.
Thus there is utmost need and necessity for having a uniform or common civil code for all citizens irrespective of their religion. It is a fact that the need for a common civil code is enshrined in the directive principles of state policy in the constitution of India and as such constitution mandates the political authority to make efforts for the legislation and implementation of the common civil code for all citizens.
The founding father of the constitution Dr Ambedkar was in favor of the common civil code for all citizens. Even the first prime minister and congress leaders Pt J. L. Nehru also wanted UCC for India. But it is only blind and negative politics that the congress and other so called secular parties are always raising much noise about the UCC and thus obstruct to legislate on this important topic. It is very disturbing and unfortunate that many Muslims organizations and their political parties including AIMIM and its chief Owasi is opposing this important legislation which will go a long way in the integration of the country.
UCC has always been in the agenda of the BJP from the birth of the party. In 1989,2014,2019 and in between common civil code has remained in the election manifesto of the BJP and it would continue to be in the party manifesto in the ensuing parliament election of 2024 if it could not be legislated and executed by the government of NDA headed by the BJP.
The most important issue of the common civil code has once again reached to the centre stage because of the Law commissions inviting of suggestions for the legislation and implementation of the common code. Just when the law commission invited the suggestions from all the stakeholders, the opposition parties including congress, SP RJD, CPIM and others raised great voice against this move and took it as the intention of the ruling parties of enacting the common civil code for all citizens. The congress and other opposition parties have attacked the centre over the Law Commissions move on the UCC, calling it the governments desperation to continue with its agenda of polarization and diversion from its glaring failures. The million dollar question is if the time is rife for the legislation and then implementation of the common civil code? Now that the Lok Sabha elections are nearing and will be held in the beginning of 2024, the BJP in order to retain power may legislate and implement the UCC for all citizens of the country. The conservative and radical Muslims oppose the UCC but progressive and modern Muslims favor the UCC for all Indians belonging to all faiths. The BJP government under Modi which has got a strong mandate should go ahead with the task of legislating and applying the common civil code for all citizens.UCC is the core issue of the BJP and it has remained its agenda from its very inception and so it should implement it for the good of the country and the Modi government should not be cowed down by the blind and negative criticism to UCC by the secular brigade. The congress and other secular parties should shun negative politics and cooperate with the treasury benches in enacting a law to give the country a common civil code which will obliterate all distinction between different communities in the country and this will be a great service to the nation if the opposition parties will cooperate with the BJP government to enact the law for giving the country a common civil code. At present the UCC is in practice only in Goa and others states and the centre should emulate Goa and legislate or promulgate and implement the UCC in the country which is in the interest of the country.
At present it is most likely that the NDA government headed by the BJP will leave no stone unturned to bring and pass a legislation for UCC and this will go a long way to strengthen the national integration in the country. Therefore the BJP government of the centre should take the initiative of promulgating an ordinance concerning the UCC and apply it all over the country. The time is opportune for the promulgation of the ordinance on UCC and the BJP should catch the bull by horns and issue an ordinance on UCC and implement it in the country. The BJP should fulfill its promise, agenda and commitment by promulgating an ordinance regarding the common civil code and apply it through-out the country.
The UCC is the need of the time and it is not against any religion and therefore the opposition parties should see the writing on the wall and cooperate with the BJP government so that UCC will be in place in the country. There is no need to polarize the important issue of UCC and the opposition parties should see the reason and cooperate with the Modi government to have the common code for all Indians irrespective of the religion.
BJP has fulfilled its agenda of the construction of Shri Ram Temple and removal. Of controversial Article 370 of the Indian Constitution and it has also given a death blow to Triple Talaq among Muslims and now it should fulfill its promise of legislating and implementing a common civil code for all Indians. This if done will be a historical decision and it will be written in the golden letters in the history of the independent India. The law Commission of India initiating a fresh consultation process on UCC comes at a time when the entire world is waking up to the need for having a common judicial system for respective countries, even while celebrating diversity in all its shades. Particularly for the democracies like India which celebrate diversity and accommodate various faiths, it has become necessary to have in place the legal mechanism that will apply uniformly to all sections of the society. Article 44 of the constitution of India states clearly ,”The state shall endeavor to secure for all the citizens a uniform civil code throughout the territory of India.” Given this fact ,in India .UCC has so far remained the un realized constitutional expectation. In fact rising above the inundating arguments in favor and against the UCC from religious quarters a look at the constituent Assembly Debates of the year 1948 reveals that stalwarts like Bharat Ratna Dr Babasheab Ambedkar, K.M.Munshi and Alladi Krishnaswamy Ayer had supported the UCC. These giants had underlined the need for having a uniform legal mechanism and a common measure of agreement in p[lace top deal with differential systems of inheritance and other matters. They have stated unequivocally that the UCC aimed at amity. Those crying hoarse every now and then with allegations of constitutional values being in danger ,have been the ones opposing the UCC. This is very surprising. It explodes their political doublespeak and selectivism about constitutional values. In opposing the idea of uniform civil code ,these so called champions of the constitutional values are opposing the spirit of the national integration fostered through the constitution itself. In brief it can be said that the Modi government should go ahead with its commitment of having a common civil code for all Indians irrespective of the religion and it and when it is done, it will be the triumph of the spirit of the constitution.
(The author is a columnist, social and KP activist).
