Is Uniform Civil Code an impossibility ?

The issue of unifying the personal laws to have one set of secular laws, which will apply to all Indians, irrespective of their religion has been hugely politicized and communalized The issue has divided us politically, socially and religiously ! is not being guided by the principles of e"uality , gender #ustice or the ideals of the Indian Constitution The entire issue has unfortunately been distorted and misdirected from its very inception
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There is total absence of consensual secularism ! politics Changes

in personal laws are being resisted not only by %uslims, but by the persons belonging to every religion . How can the Uniform Civil Code become a reality in such a political & religious scenario ? In my paper I have presented a strategy to ma&e the code a possibility after touching upon the need of a Uniform Civil Code , approach of our courts , ! efforts made so far to ma&e it possible 'ur various personal laws are too divisive (e need a Unified Civil Code to unite India , to have a truly secular nation and improve the status of women in matters of marriage, divorce, inheritance, adoption etc Uniform civil code is necessary for our development as secular citizens )rticle ** of our Constitution directs +to endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India + ,iggest bottlenec& which ma&es a unified code impossible is the perception of minorities who perceive it as a threat to their religious identities )rticle ** of the Constitution contains no mechanism or timetable for enforcement -ersonal laws are lin&ed with religious identity and therefore can not be easily modified or abolished .o government so far has shown the courage and will to introduce a U C C because changing religious laws especially of minorities is a very sensitive matter /epeated references to the issue in -arliament has also not forced the 0overnment to ta&e a

B G Verghese , http://www.bgverghese.com/code.htm

stand )lthough the 1irective -rinciples of the 2tate en#oin such a code, 0overnment has refused to do anything about it on the plea that the minorities will resent any attempt at imposition 3 ) number of 0overnments have come and gone but have failed to ma&e any efforts towards implementing the constitutional mandate under )rticle ** 4 The courts which have a lesser role than legislatures have been very vociferous about the implementation of Unified Civil Code This 2upreme Court has observed that marriage, succession and the li&e matters of a secular character cannot be brought within the guarantee enshrined under )rticle 35 and 36 of the Constitution The 2upreme Court has categorically asserted that the right to follow one7s personal law is not a 8undamental /ight The 2upreme Court in 2hah ,ano7s Case , 2arla %udgal Case and in 9allamattam case has opined that )rticle ** of India7s Constitution should be enacted :)rticle ** has remained a dead letter : :) common civil code will help the cause of national integration by removing disparate loyalties to laws which have conflicting ideologies : * :It is a matter of regret that )rticle ** of the Constitution has not been given effect to -arliament is still to step in for framing a common civil code in the country : 5

In my opinion , a common civil code for ;indus and %uslims is a possibility although a very tough ! highly sensitive #ob <nlightened public opinion can ma&e it possible Communal divides, vote=ban& politics, staunch fundamentalism are currently barriers to its realization but with time and tolerance they can be overcome I am not for imposition of a Unified Civil Code ,oth ;indus and %uslims are

passionately attached to their personal laws and are not prepared to change or replace it Indian secularism recognizes all religions on e"ual footing (e will be going against the spirit of the Constitution if a uniform civil code is imposed upon the people against the wishes of some religious communities I feel that a uniform civil code imposed on
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% C Chagla Roses In December >$?@4A 2arla %udgal v Union of India )I/ $??5 2C $54$ Mohammad Ahmed Khan v. Shah Bano Begum AIR 1985 SC 945 Bohn 9allamattom v Union of India )I/ 3CC4 2C 3?C

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the unwilling minorities will not be of any use that will wea&en our country

'ur minorities will feel discriminated !

Introduction of Uniform Civil Code has to be a well=thought out and careful process because India is a pluralistic society ! there is no secular consensus tension around Time is not mature for the implementation of the Uniform Civil Code as there is a lot of communal In the present circumstances , a strategy of patience , sensitization , creating awareness , enlightened discussions and advocacy is most suited for ma&ing common code a possibility This strategy re"uires understanding the heterogeneous composition of our country , multiplicity of our religions and the views of our religious leaders and political parties only touch their personal life Then we must find out the fears of those who oppose ! not their religion (e must eDplain to people the Uniform Civil Code and respond to those fears by convincing them that the Code will importance of &eeping up with the times and embracing the modern concepts of e"uality and non=discrimination %arriage, succession , inheritance, (ills, 0ifts, adoptions etc are all matters of a secular character falling within the domain of Civil Eaws The fear that the unified code will affect personal laws of only one community should also be removed . (hen people are convinced that the unified civil code will override only those personal laws which do not form the essence of any religion vote=ban& politics will automatically loose its impact Instead of ma&ing it a ma#ority versus minority issue , the welfare of the community as a whole , ensuring real secularism , e"uality, unity and integrity of India must be uppermost in our minds Commercial and criminal law is same for all Indians .ow we should try for a Unified Civil Code where all citizens are treated e"ually I am sure that a #ust ! secular Unified Civil Code introduced as eDplained above will be welcomed and accepted by all the communities