Respected Prime Minister,
Through this letter, I would like to draw your attention to the essence of the Constitution, namely Article 44, which has been emphasized not only by several High Courts but also by the Supreme Court of the country on seven occasions.
After extensive discussions, Article 44 was added to the Constitution on November 23, 1948, directing the government to implement a Uniform Civil Code. However, the dream of the framers of the Constitution remains unfulfilled to this day.
In July 2022, the Delhi High Court issued a comprehensive order emphasising the need for a Uniform Civil Code. Subsequently, the Allahabad High Court also suggested the formation of a committee to prepare a draft of the Uniform Civil Code. The concept of the Uniform Civil Code entails that the minimum age for marriage should be the same for both sons and daughters, rules regarding marriage and divorce should be uniform for everyone, all daughters should have the right to maintenance and alimony, the right to adoption and guardianship should be the same for everyone, and inheritance rights and property rights should be equal for all daughters.
The essence of the Constitution (Sam+Vidhan) signifies a law that is equally applicable to all. Whether one is a son or a daughter, Hindu or Muslim, Parsi or Christian, a child stays in the mother’s womb for only nine months, and the pain of childbirth is the same for both sons and daughters. It is evident that the differentiation between men and women in society is not the creation of God, Allah, or Jesus but a creation of humans. The discrimination between men and women prevalent in society is not a tradition but a human-made flaw, not a religious practice but a social evil. It is completely wrong to associate these flaws and social evils with religion or faith.
The day a draft of the ‘Indian Civil Code’ is created and made public, and the general public, especially sisters and daughters, become aware of its benefits, no one will oppose it
Article 14 declares that we are all equal. Article 15 prohibits discrimination based on caste, religion, language, territory, or place of birth. Article 19 grants all citizens the right to move, reside, settle, and start employment anywhere in the country. By reading the Constitution properly, it is clear that equality, uniformity, harmony, equal opportunities, and equal rights are the soul of the Indian Constitution. Some people oppose the idea of a “Uniform Civil Code” or “Indian Civil Code” by misinterpreting the religious freedom granted by Article 25, but in reality, such individuals are misleading society. Article 25 begins with the phrase “subject to public order, health, and morality,” meaning it gives the right to follow customs and practices, but it does not provide protection for any form of malpractice, hypocrisy, or discrimination.
The Indian Penal Code, enacted by the British in 1860, the Police Act of 1961, the Evidence Act of 1872, and the Civil Procedure Code of 1908, along with all other laws, are applied equally to all Indians without any discrimination. The Portuguese Civil Code, enacted by the Portuguese in 1867, is also equally applicable to all citizens of Goa. However, despite extensive discussions, no serious attempts have been made to implement Article 44, which means a Uniform Civil Code and no draft has been prepared. So far, the Constitution has been amended 125 times, and there have been five reversals of Supreme Court judgments. But no proposal or draft has been prepared for a “Uniform Civil Code” or “Indian Civil Code.” As a result, very few people are aware of the benefits that would come from it. The Uniform Civil Code has been included in the BJP’s manifesto, which is why BJP supporters support it, while those opposed to the BJP oppose it. However, the truth is that neither the majority of its supporters nor its opponents are aware of the benefits of the Uniform Civil Code. Therefore, it is absolutely necessary to immediately prepare a draft of the Uniform Civil Code.
The minimum age for marriage, grounds for divorce, maintenance allowance, adoption rules, inheritance laws, and property rights are all related to civil rights and have no connection to religion or religious practices. However, even after 74 years of independence, there is still discrimination between men and women based on religion or religious practices. The framers of our constitution envisioned the concept of a “Uniform Civil Code” through Article 44 so that everyone could have equal rights and equal opportunities, and the unity and integrity of the country would be strengthened. However, due to vote bank politics, no draft of the “Uniform Civil Code or Indian Civil Code” has been prepared.
Article 37 clearly states that it is the fundamental duty of the government to implement policy directives. Just as it is the fundamental duty of all citizens to follow the Constitution, it is also the fundamental duty of the government to fully implement the Constitution. In any secular country, there are no separate laws based on religious grounds. However, in our country, the Hindu Marriage Act, Parsi Marriage Act, and Christian Marriage Act are still in effect. Until the Indian Civil Code is implemented, it is an insult to call India a secular country. If a ‘Uniform Civil Code’ can be implemented for all citizens of Goa, then why can’t a ‘Indian Civil Code’ be implemented for all citizens of the country?
The implementation of a Uniform Civil Code ensures that there will be no interference in practising fundamental religious rights under Article 25. Article 44 was added to the Constitution on November 23 1948, directing the government to implement a Uniform Civil Code. The heartfelt desire of the framers of the Constitution was to have an ‘Indian Civil Code’ that is independent of different religions, languages, and genders instead of separate laws for different religions. Therefore, I request you to implement Article 44 on this Constitution Day (November 26) this year.
