Editorial: Divisive agenda

Instead of the Uniform Civil Code, protection of basic rights across the board is needed

By and large, the world is moving towards accepting diversity and even celebrating it, instead of imposing uniformity. This is particularly relevant for open, liberal and democratic societies. Mere existence of difference does not imply discrimination but is indicative of a robust democracy. Therefore, the 22nd Law Commission’s decision to examine the matter of the Uniform Civil Code (UCC) comes as a surprise development. It is all the more baffling because the previous Law Commission had categorically said that the Uniform Civil Code was ‘neither necessary nor desirable at this stage’, and recommended that discriminatory practices in several personal laws should be dealt with separately. It had rightly concluded that the resolution of conflicts in personal laws does not mean the abolition of difference. One wonders what has changed on the ground in the last five years that prompted the Law Commission, headed by Justice Ritu Raj Awasthi, to issue a notice, calling for views and ideas of the public at large and the recognised religious organisations on the Uniform Civil Code. It must be pointed out that the implementation of a Uniform Civil Code has been part of the BJP’s election manifesto. Though Uniform Civil Code was made part of the directive principles of the Constitution, one must keep in mind the contemporary realities before embarking on such sensitive reforms. The challenge before the governments is how to harmonise a plethora of customs and social mores prevalent in a diverse society.

While an omnibus law could infringe upon an individual’s right to freedom of religion, the prudent solution lies in making efforts to remove discriminatory provisions in the laws pertaining to marriage, divorce, inheritance, adultery and adoption across all religions. Instead of an omnibus legislation to govern an assorted mix of customs and religious practices, what is needed is protection of basic rights across the board in tune with the universally accepted norms. The common civil code has been a contentious political issue, with the BJP making it one of the core agendas. However, a more practical approach would be to iron out the wrinkles in the social fabric by making laws that address the issues of gender discrimination, inequality and exploitation across all communities. The conventions vary vastly in every race and religion and some of them clash with modern values. There is a need for reforming the problematic points of personal laws of Muslims, Hindus, Christians individually and their codification to bring them in line with fundamental rights. The customs that militate against the universally accepted human rights must be done away with in all religious denominations, especially those that discriminate against women and promote gender inequality. The celebration of religious and ethnic diversity is at the core of Indian ethos. The challenge before the governments is to ensure that secularism sits in harmony with plurality.

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