In lieu of a Uniform Civil Code, the need for comprehensive protection of fundamental rights
Posted Date – 12:15 AM, Wed – 21 June 23
In general, the world is moving towards accepting diversity and even celebrating it, rather than imposing uniformity. This is especially important in open, free and democratic societies. The mere existence of a difference does not imply discrimination, but rather a sign of a healthy democracy. The decision of the 22nd Law Commission to review the issue of the Uniform Civil Code (UCC) is therefore a surprising development. What is even more inexplicable is that the previous Law Committee has firmly stated that the unified civil code is “neither necessary nor desirable at this stage”, and suggested that discriminatory practices in several personal laws should be dealt with separately. It correctly concluded that resolving conflicts in personal law did not mean eliminating differences. People wondered what had changed over the past five years, prompting the Law Commission, led by Justice Ritu Raj Awasthi, to issue a circular seeking views and thoughts on the Uniform Citizenship Act from the general public and recognized religious organisations. code. It must be noted that the implementation of the Uniform Civil Code has been part of the BJP’s election manifesto. While the Uniform Civil Code has become part of the constitutional guiding principles, contemporary realities must be kept in mind before embarking on such sensitive reforms. The challenge for governments is to reconcile the plethora of customs and social mores that are prevalent in diverse societies.
While omnibus laws may violate an individual’s right to religious liberty, a prudent solution would be to work to eliminate discriminatory provisions on marriage, divorce, inheritance, adultery, and adoption from all religious laws. What is needed is not comprehensive legislation to regulate various customs and religious practices, but comprehensive protection of fundamental rights in accordance with generally accepted norms. The common civil code has been a contentious political issue, with the BJP putting it on the core agenda. A more practical approach, however, is to iron out wrinkles in the social fabric by enacting laws that address sexism, inequality, and exploitation in all communities. The customs of each race and religion vary greatly, some of which conflict with modern values. There is a need to reform the problematic aspects of Muslim, Hindus, Christian personal laws and their codification so that they are in line with fundamental rights. Practices contrary to universally accepted human rights must be abolished in all religious denominations, especially those that discriminate against women and contribute to gender inequality. Celebrating religious and racial diversity is at the heart of Indian ethos. The challenge for governments is to ensure that secularism and pluralism live in harmony.
