“Uniform Civil Code” will save the country

Uniform Civil Code; need of the hour in India

Politics can destroy a country, and politics can also save a country.

India is crippled because of successive governments’ pseudo-secular and discriminatory laws and policies.

In this pathetic situation, only the “Uniform Civil Code” (which implies the same laws and same rights for all Indian citizens irrespective of their religion) would save the country from a looming disaster.

Through the Law Commission of India’s latest Notice dated July 14, 2023, the BJP government has once again invited suggestions from the public (up to July 28, 2023) regarding the “Uniform Civil Code” after having done similar exercises in 2016 and 2018 as well.

Since BJP had promised to implement Uniform Civil Code in its election manifestoes of 2009, 2014, and 2019, it should have implemented the same after getting power in 2014 itself instead of inviting unnecessary suggestions from the public again and again.

Though it is uncertain when, in what shape, and whether BJP’s permanent promise of a Uniform Civil Code would ever be implemented, let us see its implications.

Meaning of ‘Uniform Civil Code’

As a legal term, the word “Code” means the collection of laws.

The doctrine of the “Uniform Code” is based on the timeless and universal principle of “equality before the law”. It means “the same laws” for every citizen in all matters like civil, criminal, etc.

The term “Uniform Civil Code” means the same laws in all civil matters for all citizens. Similarly, the term ‘Uniform Criminal Code’ means the same laws in criminal matters for every citizen.

India has got Uniform Criminal Code for every Indian citizen.

Unfortunately, except in Goa, there is no Uniform Civil Code in India in civil matters.

Goa got its Civil Code under Portugal. After Goa’s liberation in 1961, Goa Civil Code was retained as desired by Goans.

All Western democratic countries have uniform code for all citizens.

Secularism & pseudo-secularism

Real “secularism” implies separation of State and religion; “equality before the law”; the same laws and same rights for every citizen irrespective of his religion; justice to all, discrimination against none; and no majority and no minority.

However, in India, anything which is pro-minority and divisive is proclaimed as ‘secularism’ though this is actually ‘pseudo-secularism’.

The politics of ‘pseudo-secularism’ has divided the nation into majority and minority. Besides, it has given discriminatory laws and minority-appeasing policies which have deeply damaged Hindu civilization.

Indian National Congress (hereafter referred to as Congress) has been in power for a major period since 1947, and it is quite open about its minority appeasing and pseudo-secular politics.

While in opposition, BJP, the other major political party, had always supported Uniform Civil Code; and had denounced Congress Party’s pseudo-secularism.

However, after getting power in 2014, the BJP government has not fulfilled its perpetual promise of the Uniform Civil Code so far. On the contrary, it has continued the Congress-led governments’ discriminatory laws; and has vastly expanded minority-appeasing policies.

Discriminatory laws and policies

It is indispensable to implement ‘Uniform Civil Code’ at the earliest to rectify the deplorable situation because of the following pseudo-secular laws and discriminatory policies:

1. Pseudo-secular laws

Though the Indian Constitution does not define the terms ‘majority’ and ‘minority’, the Congress-led government’s “National Commission for Minorities Act, 1992” notified Muslims, Christians, Sikhs, Buddhists, and Zoroastrians as minorities in 1993; and Jains in 2014.

Besides creating Minority Affairs Ministry in 2006, Congress-led governments passed, inter alia, the following pseudo-secular and discriminatory laws:

1. Places of Worship (Special Provisions) Act, 1991.
2. The National Commission for Minorities Act, 1992.
3. Wakf Act, 1995.
4. The National Commission for Minority Educational Institutions Act, 2004.
5. The Right of Children to Free and Compulsory Education Act, 2009.

After getting power in 2014, the BJP government has continued all the above-mentioned laws.

2. Discriminatory policies

• As the opposition party, BJP had termed the Congress-led government’s formation of the Sachar Committee and Minority Affairs Ministry in 2006 as communal, divisive, and “appeasement” of minorities.
  But after getting power in 2014, the BJP government has not abolished Minority Affairs Ministry though it can be abolished immediately just by executive order without any voting in Parliament.
  Rather, the BJP government has vastly expanded minority appeasing policies.
• BJP’s unprecedented minority appeasement has caused irretrievable damage to Hindu civilization.
  The government is giving scholarships, free ships, and many other economic incentives to minorities.
  Some of the new schemes launched by the BJP government for minorities are “Nai Udaan”, “Naya Savera”, “Shadi Shagun”, Pradhan Mantri Jan Vikas Kryakram, “Padho Pardesh” etc. The government is allocating thousands of crores of rupees every year for minorities.
• Immediately after winning the 2019 elections, the BJP government declared five crore scholarships for minorities in June 2019.
• BJP has not passed Dr. Satya Pal Singh’s Bill Number 226 of 2016 and Bill No 205 of 2019 (in Lok Sabha) which sought the same religious, educational, and cultural rights for Hindus as are given to minorities.
• BJP’s National Education Policy, 2020 expands minority appeasement in the field of education by creating the Socio-Economically Disadvantaged Groups (S.E.D.G.s) and including minorities also in “S.E.D.G.s” for special treatment.
• All prominent Hindu temples (and their estates) in India are controlled by various State governments whereas minorities’ places of worship are free from such control.

Constitution’s mandate

Indian Constitution repeatedly supports equality before the law and uniformity of laws.

Since the preamble of the Indian Constitution declares India a “SECULAR, DEMOCRATIC REPUBLIC” which is “constituted to secure” “JUSTICE”, “LIBERTY”, “EQUALITY” and “FRATERNITY” for all Indian citizens, these noble ideals can be achieved only through uniform laws and uniform rights.

And Article 14 of the Constitution regarding the Fundamental “Right to Equality before Law” declares, “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

Furthermore, Article 44 of the Constitution (appearing in Directive Principles of State Policy) declares, “The State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.”

Besides, Article 15(1) regarding the Fundamental Right of “Prohibition of discrimination” prohibits discrimination on the basis of religion.

Importantly, Fundamental Rights and Directive Principles of State Policy complement and supplement each other.

Thus, the Fundamental Right to “Equality before Law” of Article 14 can become effective only with the implementation of the Directive Principle of the “Uniform Civil Code” of Article 44.

Clarification regarding Article 25

It is relevant to note that the Fundamental Right to “Freedom of Religion” under Article 25 is not absolute, and it is also subject to other Fundamental Rights (like the Right to Equality, etc.) stipulated in Part III of the Constitution.

The relevant portion of Article 25 is self-explanatory; and is reproduced as follows:

• “25. (1) Subject to public order, morality, and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
• Nothing in this Article shall affect the operation of any existing law or prevent the State from making any law —
  • Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.”

Supreme Court’s full support

Vide its several judgments, Supreme Court has repeatedly urged the Parliament to implement Uniform Civil Code as per Article 44.

In 1985, in its judgment reported as Mohammad Ahmed Khan v. Shah Bano Begum, Supreme Court held, “A common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies. It is the State which is charged with the duty of securing a uniform civil code for the citizens of the country.”

Afterward, in 1995, in Sarla Mudgal v. Union of India, Supreme Court remarked, “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 John Vallamattom v. Union of India, Supreme Court commented, “It is a matter of great regret that Article 44 of the Constitution has not been given effect to.”

In 2019, in Jose Paulo Coutinho vs Maria Luiza Valentina Pereira, Supreme Court once again urged the Parliament to implement Uniform Civil Code.

It is now or never

Victims of pseudo-secular sophistry must come out of their self-limiting beliefs and self-sabotage.

The absence of the Uniform Civil Code in truncated India amounts to the perpetuation of the ‘two nations theory’ which was responsible for India’s division and creation of Pakistan in 1947.

By nullifying discriminatory laws and divisive policies, Uniform Code will liberate India from the sinister slavery of pseudo-secularism.

Moreover, as mentioned hereinbefore, only Uniform Civil Code cherished in Article 44 can ensure the Fundamental “Right to Equality before Law” of Article 14 of the Constitution.

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

No one can have any valid objection to legal uniformity in civil matters when there is no objection to the already existing legal uniformity in criminal matters.

Thus, BJP must fulfill its perpetual promise; and implement the complete and genuine Uniform Civil Code.

And this auspicious task must be done at the earliest as per the Sanskrit maxim, “Shubhasya sheeghram.”

Note:
1. Text in Blue points to additional data on the topic.
2. The views expressed here are those of the author and do not necessarily represent or reflect the views of PGurus.

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