Only “Uniform Civil Code” can save India

India must be liberated from the slavery of fake secularism.

India must be liberated from the slavery of fake secularism.
India must be liberated from the slavery of fake secularism.

The mission of “one India, one flag and one law” is incomplete in the absence of Uniform Civil Code for all Indian citizens irrespective of their religion.

Uniform laws and uniform rights for every citizen are the pre-requisite of any nation, and of any secular democracy.

Article 44 of the Constitution of India stipulates that “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

Uniform Civil Code (hereafter also mentioned as UCC) would make India a really secular country. Though the Supreme Court vide its judgements have repeatedly suggested its enactment by the Parliament, and though Indian Constitution and its Article 44 came into effect in 1950, no government has cared to draft the UCC so far.

Pseudo-secularism has crippled India and has divided the nation into majority and minority.

Though the Indian Constitution’s Preamble proclaims India to be a SECULAR DEMOCRATIC REPUBLIC, India does not have the Uniform Civil Code. And this is despite the fact that India has the Uniform Criminal Code which is applicable to all religious communities.

As an exception, only Goa has got a common civil code. The Goa Civil Code also known as Goa Family Law was implemented by the Portuguese rulers when Goa was under Portugal. After Goa’s liberation and merger with India in 1961, Goa Civil Code was retained as desired by Goans.

In Western democratic countries, there is only one uniform law for all citizens regardless of their religion.

What is ‘Uniform Civil Code’?

The concept of ‘Uniform Civil Code’ is based on the timeless and universal principle of equality before the law.

Since the ‘Uniform Civil Code’ is a widely misunderstood notion, it is better to explain its meaning.

As a legal term, the word ‘Code’ means a collection of laws. Therefore, the term ‘Uniform Civil Code’ means the same set of laws in all civil matters for all citizens irrespective of their religion. Similarly, the term ‘Uniform Criminal Code’ means the same set of laws in criminal matters for all citizens regardless of their religion.

Thus, UCC means one law and one nation. No distinction between majority and minority community. Equal rights, and same laws for all in all civil matters. And discrimination against none.

UCC is not the same thing as the Hindu Civil Code as wrongly presumed by some persons. UCC is an all-embracing secular code. It is based on secular considerations.

Besides, Article 44 endorsing UCC is an important Directive Principle of State Policy. Therefore, the demand for implementation of UCC is not a Hindu or a communal demand. It is a secular demand.

All Western democracies have uniform civil codes. And no one calls them communal.

Discriminatory laws and divisive policies

Logically in 1947, on India’s partition on religious basis and creation of Pakistan as demanded by Muslim League, truncated India should have been declared a Hindu republic. However, a bogus ‘secularism’ was foisted on truncated India where anything which is anti-Hindu, pro-minority and divisive is ‘secularism’.

Politics of pseudo-secularism practised in India is responsible for discarding UCC. Besides, though Article 15(1) of Indian Constitution prohibits discrimination on the basis of religion, Indian governments give special rights to minorities, and discriminate against Hindus.

Pseudo-secularism has crippled India and has divided the nation into majority and minority. Besides, it is responsible for the implementation of discriminatory laws and minority-appeasing policies by successive governments.

Honourable Mr. Justice Y.V. Chandrachud, the then Chief Justice of India had held, “A common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies”.

This fake secularism is destroying Hindu civilization.

Some examples of such discriminatory laws and policies are as follows:

1. Government is giving scholarships, free-ships, and many other incentives to minorities just on the basis of religion.

After getting power in 2014, BJP government continued and expanded the Congress-led governments’ discriminatory laws and minority-appeasement policies. Some of the new schemes launched by BJP government for minorities are “Nai Manzil”, “Nai Udaan”, “Naya Savera”, “Shadi Shagun”, “Pradhan Mantri Jan Vikas Karyakram”, “Padho Pardesh” etc. BJP government is allocating thousands of crores of rupees every year for minorities.

And after winning 2019 elections, BJP government declared five crores scholarships for minorities.

2. RTE Act, 2009 is applicable only to Hindu-run schools whereas minority-run schools are exempt from this law. This Act is responsible for closing thousands of Hindu-run schools all over the country.

3. All prominent Hindu temples all over India are under government’s control. But no minority place of worship is controlled by government.

4. Educational institutions run by Hindus are subjected to government’s interference whereas minorities’ educational institutions enjoy full freedom.

To escape the above-mentioned discrimination, some Hindu sects claim that they are not Hindu. In 2018, Lingayats in Karnataka claimed that they were a minority. And earlier, Ramakrishna Mission had wanted the minority status.

Supreme Court and UCC

In a number of judgements, various Benches of Supreme Court have supported the cause of Uniform Civil Code; and have urged the Parliament to formulate it.

In 1985, in the Supreme Court’s judgement reported as Mohammad Ahmed Khan v. Shah Bano Begum (AIR 1985 SC 945), Honourable Mr. Justice Y.V. Chandrachud, the then Chief Justice of India had held, “A common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies”.

Afterwards, in 1995, in its judgment reported as Sarla Mudgal v. Union of India (AIR 1995 SC 1531), the Supreme Court emphasised the importance of UCC and observed, “..there is no justification, whatsoever, to keep in abeyance, any more, the introduction of the ‘uniform civil code’ for all the citizens in the territory of India.”

In 2003, in its judgement reported as John Vallamattom v. Union of India (AIR 2003 SC 2902), the Supreme Court commented as follows,

“It is a matter of great regret that Article 44 of the Constitution has not been given effect to. Parliament is still to step in for framing a common civil code in the country. Common civil code will help the cause of national integration by removing the contradictions based on ideologies.”

In 2015, while hearing a petition, the Supreme Court Bench of Honourable Mr Justice Vikramjit Sen and Honourable Mr Justice Shiva Kirti Singh questioned the government on framing the Uniform Civil Code so that citizens of all religions are regulated by the same yardsticks in matters of law.

BJP and UCC

Unfortunately, Indian National Congress has all along supported the cause of pseudo-secularism and pro-minority politics. Therefore, it does not support the cause of UCC.

BJP has strongly supported the implementation of UCC. Its Election Manifesto of 2014 contained the following words:

“….. BJP reiterates its stand to draft a Uniform Civil Code, drawing upon the best traditions and harmonizing them with the modern times.”

However, from 2014 to 2019 BJP did nothing to fulfil its promise of UCC.

On the contrary, when in 2016, Dr Satya Pal Singh of BJP presented his Bill Number 226 (in Lok Sabha) to treat Hindus at par with minorities in religious, educational and cultural rights matters without depriving minorities of their rights, BJP government did not pass this bill in Lok Sabha though it had majority in Lok Sabha. And the Bill lapsed.

Passage of this Bill would have helped the cause of UCC.

BJP’s Election Manifesto of 2019 re-affirms its commitment to implement UCC by repeating the exact words of its 2014 Manifesto.

No one can have any valid objection to UCC which ensures equal rights and same laws for every Indian citizen irrespective of his religion.

The way forward

Equality before law and same laws and same rights for every citizen are the primary attributes of any secular nation. But politics of pseudo-secularism has ruined the social fabric of India.

Many of the problems faced by India are due to the government’s inaction on the Constitutional directive to implement UCC.

India must be liberated from the slavery of fake secularism. For survival of India as a nation, discriminatory laws and divisive policies must be replaced by UCC.

Article 44 reflects the pious wishes of Constitution framers like Dr. Bhimrao Ramji Ambedkar, Kanhaiyalal Munshi, Minoo Masani, Hansa Mehta, Rajkumari Amrit Kaur and Alladi Krishnaswamy Iyer who were staunch supporters of UCC. But these wishes will remain mere wishes till Parliament converts them into enforceable rights.

Since BJP government did nothing regarding UCC in its earlier tenure from 2014 to May 2019, nationalists must launch a strong and peaceful movement and request the present BJP government to fulfil its long-pending promise of UCC immediately.

No one can have any valid objection to UCC which ensures equal rights and same laws for every Indian citizen irrespective of his religion. Besides, there can be no objection from any community to UCC when there is no objection to Uniform Criminal Code which is common in criminal matters for all religious communities.

With all Indians being governed by the same laws and enjoying the same rights, UCC would transform India into a very strong, harmonious, egalitarian and united nation.

Besides, “JUSTICE”, “LIBERTY”, “EQUALITY”, AND “FRATERNITY” guaranteed to every Indian citizen as per Preamble of Indian Constitution can be delivered only through Uniform Civil Code.

Note:
1. The views expressed here are those of the author and do not necessarily represent or reflect the views of PGurus.

J. G. Arora

J.G. Arora,

M.A. LL.M., Advocate

Latest posts by J. G. Arora (see all)

20 COMMENTS

  1. ONE NATION UNDER GOD WITH LIBERTY AND JUSTICE FOR ALL.

    I warmly appreciate this effort to revitalize our nation by the introduction of Uniform Civil Code. We may have to learn from the example of the United States which encourages the citizens to take the pledge of allegiance.

  2. Discriminatory laws and minority-appeasing policies are damaging the social fabric of Indian society. By giving same rights and and same laws to every Indian citizen, Uniform Civil Code would bring harmony in society; and help the cause of national integration.
    In fact Uniform Civil Code should have been implemented many years back. Let it be implemented now without any further delay.

  3. 1. While most of the commentators have strongly supported the implementation of Uniform Civil Code (UCC), some have expressed their reservations about it.
    2. As per ‘Concerned Indian’, Uniform Civil Code is a ‘pseudo secular’ and primarily ‘a Christian idea’ and undermines the Indian civilization. ‘BvB09’ is “not convinced that we need a UCC” since “it will only hasten the deracination of Hindu society.” And ‘Ram’ wants Hindu temples to be liberated before UCC is implemented.
    3. My humble request is that you may kindly go through the article once again. I am sure that the article itself would clear many of your apprehensions.
    4. Doctrine of Uniform Civil Code is based on the timeless principle of equality before law; and is not based on any particular religion. Therefore, it cannot be a ‘pseudo secular’ or a Christian idea. Coming to the suggestion that Hindu temples should be liberated before UCC is implemented, it is relevant to note that with the implementation of UCC, like religious places of other religions, Hindu temples would also get free from government’s control.
    5. And the apprehension that UCC would ‘deracinate Hindu society’ and undermine Hindu civilization is totally misplaced. It is the government’s anti-Hindu laws and minority-appeasement policies which are undermining Hindu civilization. With the replacement of government’s discriminatory laws and divisive policies with UCC, UCC would save Hindu society and Hindu civilization.

    • One must begin at the beginning to resolve this. What is the timeless principle of equality before law? How did it come about? When? How does it help with the diversity?

      I guess the British wanted to treat all Indians as equal slaves. They made these laws and we are blindly following them. If we have some answers to those, we might begin to see some light

  4. It is high time to correct centuries of inequality and amend laws to bring all citizens to the same standard of rights and privileges with no religion based laws and govt aid. Healing wounds inflicted on the poor voiceless and helpless secular humanists is the primary duty of the government. Wounds inflicted during the colonial era are still raw; inhumane treatment by colonial minority is not surprising; but what is shocking is the same by so-called pro-Hindu Modi raj.

    Regarding rule of law and equal protection, take the child abuse by priests; zillion cases have been investigated in the west, were proved and victims have really been compensated with billions of dollars in reparations all over the globe. Not a single case in India has been uncovered that is known to public; not a single criminal has been punished. Here is proof in real case of AUSTRALIA-

    “Anthony Foster: Tireless fighter against Catholic sex abuse
    BBC News, Sydney 29 May 2017
    Anthony Foster’s advocacy helped launch an inquiry into institutionalized sexual abuse
    Clutching a photo of two smiling girls, Anthony Foster last year delivered a powerful statement about what had become his life’s mission.
    “These are my girls,” he said before television cameras in Rome.
    “A Catholic priest was raping them when this photo was taken so that’s why we’ve been fighting for so long… This was my perfect family. We created that, the Catholic Church destroyed it.”
    That fight occupied much of his final two decades. Mr Foster died in hospital at the weekend not long after suffering a fall at his home in Melbourne. He was 64.
    Along with his wife, Chrissie, Mr Foster had relentlessly pursued the church for answers since his daughters, Emma and Katie, were abused at their primary school between 1988 and 1993.
    Emma later endured drug addiction and self-harm. In 2008, aged 26, she overdosed on medication and died while holding a teddy bear she had received on her first birthday.
    In 1999, Katie was struck by a drunk driver, leaving her with physical and mental disabilities which require constant care. ” In India, catholics are so powerful that maino, RaulVinci, BiankaVinci are royalty called “first family”.
    Read my blogs and respond-
    http://rivr.sulekha.com/mariathomas_3193693
    where many atrocities have been documented from public domain sources.

  5. UCC is a must. But first make someone the government should get rid of laws that give the central and state governments control over Hindu temples. If the government refuses to do this, I hope Hindu organizations will go to the Supreme Court. If Churches, Mosques and Gurudwaras are not under government control, there is absolutely no reason for governments to control Hindu temples. In a state like Tamil Nadu, the DMK party which hates Hindus has had control over temples for a long time when they were in power. How can someone who does not believe in the faith, its scriptures and rituals control the finances and endowments of the temples. Dr. Subramanian Swamy had raised this issue, but it does not seem to be a major issue. I hope ordinary citizens along with organized groups fight to free the Hindu temples.

  6. It is wrong to have different laws for people with differing religions for a secular state.

    The rights of women too, have been limited because of religious laws.

    The government must introduce UCC bill in the parliament at the earliest.

  7. Considering the discriminatory laws and minority-appeasing policies being implemented by successive Indian governments including the present BJP government, Uniform Civil Code is the only way to save Hindu civilization.

  8. UCC is merely an extension of Marx’s ‘All men are equal’. It is a pseudo secular construct. This article begins to say that but deviates later.

    Aroraji is an astute observer of the prevailing political picture and a bold commentator. I didn’t quite expect to see this primarily Christian idea of UCC being supported by him.

    Anyway. Those who care for Indian civilization and values have a choice. They can talk about UCC, corruption, development, and other such side issues and lose what remains; or they can focus on the rights of common folks that follow traditions and help get our society back to its firm civilizational footing.

    You cannot do both at the same time!

        • CI,
          After this exchange, I searched online. Dr Kishwar has written a paper on the subj. which was published by EPW. If you google “Kishwar Codified Hindu Law Myth and Reality” you will get a downloadable pdf file. I don’t want to post too many links here as I am not sure what pgurus’ rules about posting links are.

          I am not convinced that we need a UCC. I fear that it will only hasten the deracination of Hindu society. But alas, it is the kind of unitary model that Modi the socialist seems to love (One Nation, One Poll; One Nation, One Tax, etc etc).

  9. Is it ok to have this- might is right – savage law of the jungle. denying rule of law slapping basic SECULAR HUMANISM of Indians. No denying that conditions are hostile per policy of govt It is a real crisis in Kashmir Bengal Assam besides Kerala; now Jammu/AP/TN. Our kids do know about hitlerian cleansing in these states. All under the influence of migrant/firangi culture out to decimate pluralism and secular humanism of Indians. Europe is about to fall under same sort of hostile influence- Paris victim of Love Jihad by name HAYAT is still on the run as a fugitive. Ours was Ishrat who subverted Kerala Hindu Pillai into violent extremism. On-going psy war or mind control is getting all sorts of abuse institutionalized – be it physical, mental or constitutional abuse.

    Look at Uighur of China; they have no rights Nor Tibetans. We face worse conditions than those minority segments. We gave asylum to jews, parsees, armenians, Tibetans, Viets, now afghans, b-deshi n burmese rohingas. Hitlerian cleansing is not ok. Trick is no gas or camps of fuehrer is seen. Pundits faced threat in the mid of the night; Hitlerian cleansing being ignored Same is seen in Kerala and now Bengal Assam, Jammu, TN, AP.. How can one be in denial?! How long should we bury our head in the sands?

    To this day, violence of street riots and sadak Romeo is abusing the citizens – esp-ly women and kids.

  10. Our eminent scholar and famous legal expert Shriman ARORA-ji has again brought to fore gross inequality being perpetrated on the ordinary citizens who have no recourse to expensive lawyers nor resources to file a constitutional challenge in the apex court. Continuing practice of excessive concessions, special privileges and partisan benefits to violently communal colonial elements long after 1947 when all citizens expected equality, equity, equal protection under the law, etc have all been denied to this day with such cruel and tyrannical mistreatment of the vast majority of the secular public is a mockery of the basic constitutional rights of the civil society who have been dignity, decency and unique identity. Sh Arora-ji has given massively clear, concrete and compelling evidence as to how citizens are being duped, conned and deceived in order to perpetuate colonial conditions of extreme inequality, severe mental torture, blatant robbery of temple resources, etc as outlined in this article.

    While minority are suffering in Kashmir, Pakistan, b-desh, china, turkey, etc here in India the majority are suffering bizarrely- i.e. Kashmir=Pakistan->no right for minority-> no civil or human rights->abduction/murder/genocide etc.

    Here Indians have no self-determination nor autonomy, nor freedom, nor independence due to Vote Bank politics of modi.

    • Correction- Read- Continuing practice of excessive concessions, special privileges and partisan benefits to violently communal colonial elements long after 1947 when all citizens expected equality, equity, equal protection under the law, etc have all been denied to this day with such cruel and tyrannical mistreatment of the vast majority of the secular public amounts to a mockery of the basic constitutional rights of the civil society who have been *denied* dignity, decency and unique identity for hundreds of colonial years.

      Getting out of the colonial era when a millennium long religious persecution (called communalism), means getting out of cronyism, nepotism, favoritism is minor but continuing violent savagery of the islamic era and violent barbarism of the british should not be tolerated – this allows loot of mandir endowments and jewelry. That is grim unequal treatment of the common masses. UNIFORM CIVIL CODE represents the basic method of ensuring a semblance of equality.

  11. With the implementation of Uniform Civil Code, all Indian citizens would be governed by the same laws and would enjoy the same rights. Therefore, as mentioned in this article, Uniform Civil Code would certainly transform India into a very strong, harmonious, egalitarian and united nation. This is the reason that BJP should honour its commitment and implement Uniform Civil Code at the earliest. It is surprising that though India is declared as a secular country, it does not have Uniform Civil Code.

  12. As rightly mentioned in this article, India must be liberated from the slavery of fake secularism. And for survival of India as a nation, discriminatory laws and divisive policies must be replaced by Uniform Civil Code.

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