Highlights

All citizens are entitled to equality of rights, opportunities and consideration. Hence, all must be subject to Laws that apply uniformly to all – The necessity for a Uniform Civil Code (UCC) is directed in our Constitution – Such a UCC should be made as acceptable to all as possible and be so designed as to not affect the religious beliefs and practices of the people. True secularity means the State is separate from and has no business in any-one’s religion.

Quotations for Consideration

“How can a Country be secular, when it’s laws are not?” ‐ Mallika Nawal

“Diversity is not about how we differ. Diversity is about embracing one another’s uniqueness.” – Ola Joseph

“Morality is doing what is Right, regardless of what you are told Religion is doing what you are told regardless of what is Right.” – Plato

“Make sure that your religion is a matter between you and your God only, and not as interpreted by those with their own self- interests.” – Anon

“Dharma reflects the Golden Rule – ‘Do not do unto or demand of others what you do not want them to do unto or demand of you’” – Anon

Background

Today, when every citizen wants equal treatment before the Law, it is unarguable that we need a Uniform Civil Code (UCC) for all, a Common Law and not multiple Communal Laws. A Civil Code that does not carry any religious overtones but only calls for equal treatment before the Law. In a Secular State, Religious Rules or Laws, based as they are on personal beliefs or faith, are left for those who desire to follow them, and to do so only in personal and community spaces, and as long as such choices do not infringe on Public spaces or on the rights of others to choose similarly, for themselves. Hold separate Legal practicality from Religious sacraments which can exist by themselves, so as to have a non-Religious, Secular Law.

A Secular State has no business in supporting or financing or seeking to benefit any religious group. It is for the Members of that Religion to do so for themselves. Even subsidies and tax concessions should not be given, or if at all given, should be on a universally applicable basis, say on economic or disability grounds and not on religious grounds, and given to all as applicable.

There can be no valid objections on religious grounds for a Uniform Civil Code as there are no such objections for having a Uniform Criminal Code or a Uniform Mercantile Code. The UCC is a measure of social welfare and reform that will ensure dignity, equality of consideration, and encourage fraternity and harmony, and also erasure of disparity and still allow diversity with no loss of pluralism of personal belief

Calls for further postponement of this matter, saying that there remain so many other matters of equal or even greater importance yet to be addressed, are misguided, as waiting for the perfect time is impracticable and only a refusal to accept the present as the right time. There will always be other matters to be addressed, for which the same argument can be put forward, that there exist other matters. This is not a tenable argument. Also, the excuse to further delay this matter by asking for committees to be formed to extract the best from all practices of all the Religions or communities is only a delaying tactic. The perfect or even the better should never be allowed to be the enemy of the good. In any case, the UCC as nothing to do with any religion.

Today in the absence of a draft bill available for consideration, everyone visualizes the UCC as containing their worst interpretation of what it might be. Hence, it is essential that such a draft bill be first prepared and put in the Public domain/ Net for consideration and comments by all in a specified and limited time. Calls for the UCC to be implemented State -wise is not valid as today there is much more mobility and interaction amongst the populations. Perhaps this article itself can be a starting point.

It may be noted that in pre-British times, the customs followed by the minorities were to a great extent in common with that of the Communities they lived in, when practicality and not pure communality was the order of the day. It is only later, under the British Rule when Christian evangelism was encouraged, and more so after 1973 when Wahhabi and Deobandi fundamentalism became rampant, that stricter and more restrictive interpretation of their religious rules began to be called for, claiming their common religious rules as being immutable and not in harmony with that of other communities.
(See – Intolerance in Public choices- Making them Right). The financial inflows from the newly-rich Islamic countries into Organizations making such calls for their own interests, must be investigated and publicized. So also, for the fund’s inflows from Christian churches, and organizations abroad into Christian churches and fundamentalists’ groups in India, for evangelizing and the proselytizing activities.

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