The rich tapestry of our civilisation extends over tens of thousands of years. As civilisations from different parts of the globe evolved, they engaged with ours. According to political scientists, this engagement involved conflicts or cooperation among varying cultural identities, religious identities, and intermixing of cultural and religious identities. This is, in essence, the narrative of every nation.
However, it is imperative to recognize an evolving phenomenon. A subtle yet continual shift in a nation’s core cultural values can lead to not only the erosion of religious and cultural identities among significant segments of society; but also contribute to the fragmentation of the nation itself. Recent examples include the creation and recognition of East Timor, South Sudan, and Kosovo as independent nations by the UN, following the disintegration of Indonesia, Sudan, and Serbia, respectively, in the 21st century.
Indian society, with its commitment to the peaceful and non-violent coexistence of diverse religious and cultural identities, established a governance framework through the Constitution of India. The constitution guarantees its citizens JUSTICE, be it social, economic, or political; LIBERTY in thought, expression, belief, faith, and worship; EQUALITY of status and opportunity; and promotes FRATERNITY, assuring the dignity of the individual as well as the unity and integrity of the Nation.
With the citizen as the fulcrum of the Indian Constitution, Part III was formulated to ensure the holistic development of a citizen’s personality. Under this part, the constitution recognizes the diversity of cultural groups across the nation and safeguards various aspects of their community rights. These rights include freedom of conscience, religion, and the ability of religious denominations or sections to manage their religious affairs. Additionally, the constitution protects the interests of groups with distinct languages, scripts, or cultures, and upholds the rights of religious or linguistic minorities to establish and administer educational institutions.
Nevertheless, in matters such as marriage, divorce, adoption, inheritance, and property rights, discrimination against vulnerable groups persists, often justified by customs and practices rooted in religious beliefs and cultural traditions.
The Constituent Assembly devoted a substantial amount of time in reconciling diverse perspectives on religion, cultural and religious minorities, and marginalized groups. The inclusion of Article 44 in the constitution was a key step towards realizing the dream of a cohesive India. Under this article, the state is tasked with the constitutional responsibility of striving towards the establishment of a Uniform Civil Code, governing matters such as marriage, divorce, inheritance, and adoption, applicable to all citizens irrespective of their religion, caste, or creed.
Article 44 must be understood in its historical context. The introduction of the Muslim Personal Law (Shariat) Application Act of 1937, applied and sanctified the Shariat Law for Muslims, on the subjects of intestate succession, special property of females, including personal properly inherited or obtained under contract or gift or any other provision of Personal Law. marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs, notwithstanding the customary practices and usages that converted Muslims and their descendants had been following as part of their religious and cultural heritage. This Act had in fact, played a pivotal role in the gradual process of communal division in the country.
On impact of Act of 1937, during the debate on Draft Article 35, now Article 44, Dr. Ambedkar, the chief architect of the Indian Constitution while defending draft article, made some relevant observations;
….Up to 1935 the North-West Frontier Province was not subject to the Shariat Law. It followed the Hindu Law in the matter of succession and in other matters, so much so that it was in 1939 that the Central Legislature had to come into the field and to abrogate the application of the Hindu Law to the Muslims of the North-West Frontier Province and to apply the Shariat Law to them. ….., apart from the North-West Frontier Province, up till 1937 in the rest of India, in various parts, such as the United Provinces, the Central Provinces and Bombay, the Muslims to a large extent were governed by the Hindu Law in the matter of succession. In order to bring them on the plane of uniformity with regard to the other muslims who observed the Shariat Law, the Legislature had to intervene in 1937 and to pass an enactment applying the Shariat Law to the rest of India. …
Shri K.M. Munshi and Dr. B.R. Ambedkar, the chief architect of the Indian Constitution offered historical insights and argued for the necessity of moving beyond isolated religious identities. Shri K.M. Munshi defended the draft article stating:
“…There is one important consideration which we have to bear in mind-and I want my Muslim friends to realize this-that the sooner we forget this isolationist outlook on life, it will be better for the country. Religion must be restricted to spheres which legitimately appertain to religion, and the rest of life must be regulated, unified and modified in such a manner that we may evolve, as early as possible a strong and consolidated nation. Our first problem and the most important problem is to produce national unity in this country. We think we have got national unity. But there are many factors-and important factors-which still offer serious dangers to our national consolidation, and it is very necessary that the whole of our life, so far as it is restricted to secular spheres, must be unified in such a way that as early as possible, we may be able to say, “Well, we are not merely a nation because we say so, but also in effect, by the way we live, by our personal law, we are a strong and consolidated nation”. ……This attitude of mind perpetuated under the British rule, that personal law is part of religion, has been fostered by the British and by British courts. We must, therefore, outgrow it. …”
Detractors often cite India’s diversity as a stumbling block in the implementation of a UCC and a UCC might seem like a direct assault on the ancient and sacred religious laws. Dr. Ambedkar’s address to the Constituent Assembly sheds light on India’s tryst with uniform laws like the Indian Penal Code, the Criminal Procedure Code, and the Law of Transfer of Property. These laws have been governing significant aspects of human relationships and property relations for years. This sets a precedent and illustrates the feasibility of introducing a UCC that deals with personal laws. Ambedkar’s logic posits that a UCC for personal laws is not an anomaly, but an extension of the principle of uniformity already upheld in other domains., provides a compelling case for the establishment of a UCC. Dr. Ambedkar highlights that personal laws, including Muslim laws, have not been immutable. Let’s scrutinize the vision laid down by him to gauge its relevance in contemporary India.
This historical adaptability points to the reality that personal laws have evolved with time and can be molded for the greater good. In the backdrop of India’s rich cultural mosaic, a UCC could serve as a unifying thread. By ensuring that all citizens, regardless of their religion, are subject to the same set of laws in personal matters, a UCC could foster a sense of common citizenship and strengthen national unity.
A UCC promises to play a pivotal role in bridging gender disparities prevalent in personal laws. By placing all laws governing marriage, divorce, and inheritance under an equitable framework, the UCC aligns itself with the values of justice, equality, and dignity enshrined in the Indian Constitution. Furthermore, a UCC paves the way for the rectification of anomalies and contradictions in personal laws. By harmonizing these laws with contemporary human rights standards, India can take a giant leap towards a more inclusive society.
Vision for a UCC is not just a constitutional directive but a call to the nation’s conscience. It asks us to shed our biases and embrace a path that ensures justice, equality, and dignity for all. With a UCC, India has the opportunity to foster social cohesion and uphold the principles that form the bedrock of our democracy. As a nation, it is imperative that we revisit Ambedkar’s wisdom and charter a unified path for a brighter future.
Uniform Civil Code is also a means to adhere to the Fundamental Duties enlisted in the Constitution. Under Chapter IV A, “Fundamental Duties,” Article 51A of the Constitution, citizens of India are charged with the fundamental duty to renounce practices derogatory to the dignity of women. A UCC serves as an instrument to fulfill this fundamental duty.
In particular, the Muslim Personal Law, on matters such as divorce, polygamy, remarriage without Halala, adoption, inheritance, and rights of children born out of wedlock, calls for legislative intervention. The existing laws in certain cases are out of sync with the modern notions of gender justice and equality.
A Uniform Civil Code is a call to action for social reform and national integration. The introduction of a UCC is not just about uniformity in laws; it is a steppingstone towards building a society that is just, equitable, and respectful of the dignity of all its members, especially women. Through the implementation of a UCC, India has the opportunity to honor its constitutional values and foster a society where the rights and dignity of every individual are upheld. In a country as diverse as India, the adoption of a Uniform Civil Code will be a true testament to the nation’s commitment to justice, unity, and progress.
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