#Opinion | Legally, we can coexist in Bharath
On June 14, the Law Commission of India urged Indians to provide their feedback on the Uniform Civil Code's (UCC) adoption within the ensuing 30 days. Since then, the UCC's pressing problem has been raised in the nation's important sociopolitical discussions. Every political party has a core objective that they adhere to no matter what the dominant narratives are. The construction of the magnificent Ram Mandir, the repeal of Article 370 in J&K, and the implementation of the UCC have all been major issues for the Bharatiya Janata Party (BJP) ever since it was founded. Article 370 in J&K has been abolished, and the benefits to the state are clear. Construction on the majestic Ram Mandir is already underway. Although the UCC issue has not yet been resolved, the BJP promised in its 2019 election programme that it will keep its word.
The BJP has claimed in its platform that Article 44 of the Indian Constitution "enshrines the Uniform Civil Code in the directive principles of the policy of the Government." In India, gender equality won't be accomplished until women's rights are universally protected by the civil code. The BJP restates its support for a UCC built on the finest customs and fusing them with contemporary culture.
The Opposition often opposes any proposal made by the BJP, as do self-described pseudo-secular liberals. Understanding the full implications of the UCC's adoption, what the Indian Constitution says about it, and, most importantly, the Supreme Court's ruling on the subject, is crucial for everyone.
India has constantly recognised itself as a nation with appropriate democratic uniformity for all of its citizens in practically all of its legal matters ever since its history was recorded, read, and understood.Regarding religion, it does not discriminate. There is no longer any distinction between civil and criminal laws based on a person's caste, religion, or creed. separate faiths have separate rules that only apply in certain situations like marriage, divorce, alimony, adoption, and property inheritance. For instance, a Muslim woman who gets divorced does not get alimony like a Hindu woman does, among other things. Any democratic country should consider uniformity to be one of its guiding principles. No one should be denied uniformity, especially since it only results in justice. What is the meaning of the Uniform Civil Code? It entails enacting a single law that applies to everyone. Instead of separate communities having distinct rules for marriage, divorce, alimony, adoption, and inheritance, the UCC offers one law for all civil, criminal, and election laws.
Having stated that, it doesn't follow that everyone must adopt one religion's code of conduct. According to the BJP's manifesto, it indicates that "A uniform civil law should be made based on the best traditions and in harmony with modern times."
Being a democratic state, India has always promoted the idea that all religions are equal for the state, with the unspoken requirement that this concept be upheld by national legislation. The Indian Constitution's Section 44 allows the current administration to create policies that are subject to the UCC. The State "shall endeavour to secure for the citizens a uniform civil code throughout the territory of India," it says. The idea's guiding principle was to demonstrate that different religions may coexist together under the same set of rules.Many Muslim lawmakers had expressed bitter opposition to the process of including this language in the constitution and had even proposed amendment proposals. Dr. Babasaheb Ambedkar, the creator of the Constitution, outright rejected these views and argued for the inclusion of section 44 during the constituent assembly conference. All those who are suspicious of the reality should seek for the speeches from those eras that reiterate Dr. Babasaheb Ambedkar's support for the same in the parliament records.The UCC must be put into effect, according to statements made repeatedly by the Supreme Court. The SC stated that UCC is essential for maintaining the nation's unity and integrity in the Keshavananda Bharti case from 1973. Similar to this, the SC expressed concern that Article 44 of the UCC only existed on paper in the well-known Shah Bano case from 1985. Additionally, it said that the UCC must be implemented for all of the nation's residents. In the 2019 case of Jose Paulo Coutinho v. Maria Luisa Valentina Pereira, the Supreme Court emphasised that no action had been made to put the UCC's Article 44 into effect. It is evident that the UCC must be made into legislation if the aforementioned interpretations are examined in light of the constitution and later Supreme Court rulings.
Regarding marriage, divorce, and alimony, women of different religions are subject to diverse laws and have various privileges. All of this is inequity. In its platform, the BJP has often reaffirmed its position that "Gender equality cannot be achieved in India until a UCC protecting the rights of women is enacted." For women to receive justice, equitable civil law enforcement is essential.
It is necessary to demonstrate the moral viewpoint of this law to all the ill-intentioned, self-centered political opportunists who assert that the UCC is a move against the minority group. A sizable portion of the country's minority Christian population lives in the state of Goa. UCC has been in effect in the state ever since it was founded. As a result, not only were they not denied their right to justice, but the state was also able to preserve social and religious unity. The UCC is supported around the country at the moment.
India must demonstrate that we believe in "One Law for All" regardless of gender, religion, and other factors at a time when it is fast progressing towards leading the world. For the benefit of our future generations, we must set a precedent that all religions would have equal protection under the law in New India. It is time for all of us to band together and dispel the myths that have been created about the UCC's implementation. The evil political opposition must be driven out from the very base of society where it is engendering a bad mentality among the populace for electoral gain. We must advocate for sensible and legal narratives. The Uniform Civil Code will demonstrate to the entire world that "We can co-exist together Legally and Happily," hence it is imperative that we band together and campaign for it.