In the month of August, we in India think of the pre-independence days and the post-independence situation of our motherland, India, Bharath. Tall claims by rival political parties about protecting the constitutionally assured fundamental rights of all citizens without discrimination remain unfulfilled announcements for public consumption.
There is freedom that we in this country enjoy but this freedom is conditioned by socioeconomic and religion-cultural identities. In the name of unity and uniformity, freedom is denied to some sections in society, especially the Dalits, the Tribals, the Adivasis, and the religious minorities.
Uniform Civil Code, UCC, that the present government is going to introduce in the Parliament for approval is one such move that destroys the beauty of “Unity in Diversity” which is one of the most unique feature of our motherland, India.
On surface it appears that it is good that every citizen will have to abide by the same laws governing their civil life and those oppressed by some personal laws will have legal protection. Are not the Constitutional guarantees and provisions sufficient enough? Are the civil laws about different aspects of civil life insufficient or un-capacitated that a new common civil code is necessitated? Which section of the Indian society will find the UCC advantageous and which sections of the society will have disadvantage? These and several such questions are arising with the present government planning to bring UCC into effect.
Diversity of traditions, customs and religious practices:
For whose benefit will this UCC is being introduced. In the given situation of the huge diversity of the peoples of India – culture, religion, language, caste-based social stratification, tribe-based customs and practices, etc, will this help towards the safeguarding existing unity in this diversity. If the “Uniform Civil Code” is to suppress or destroy the existing diversity, it amounts to working for uniformity and not for unity. This will be at the cost the loss of the age-old wisdom that enabled people to live in harmony in spite of the diversity, different religions and religious sects within the same religion, cultures and traditions to live harmony accepting and respecting the difference.
Our Constitution is an umbrella structure that protects the individual freedom and the fundamental rights:
It is not those in power at a given time who give or deprive the citizens their right to freedom. Any initiatives to amend the existing laws or introduction of any new laws should not go against the letter and spirit of the provisions and directive principles enshrined in our Constitution for the well-being of all the sections of the society.
Minorities, religious or linguistic or those who are numerically in small numbers, like the tribals and the Dalits, should be respected and protected. In the nation where there is democracy and Rights and Duties democratically elected governments the ‘number games’ can do damage to the sanctity of the constitution.
Rights and privileges, and duties of the citizens should not be determined by those in power but they should be defined by laws within framework of the Constitution. How far the proposed UCC is going to accept and respect, protect and preserve the rights of the citizens in this democratic nation? If the UCC is going to hurt some, sections of the Society, especially the religious and ethnic minorities, whether deliberately intended or not, it amounts to targeting particular sections and communities.
Justice that this new law is supposed to do to those who are hurt by particular personal laws of the particular religion or tribe will be more hurt, if the motivation or the motive behind is targeting particular community or section in the Society!
There are more important issues and concerns regarding the day-to-day life of the citizens of this country:
Each community in our society is governed by customs and traditions for most of the aspects of daily life which are distinct from the civil laws that are already in effect. A distinction has to be made, therefore, public and private sphere of life.
Perhaps, total separation of these dimensions is not easily possible. By private sphere of life we mean all those customs, traditions and practices that a given community observes, and the members of the given community follows them by virtue of belonging to that particular community. These do not necessarily go against the civil laws that are in effect but if some of the customs or practices or traditions are against or infringe the fundamental rights of a any citizen, recourse to a court of law should always be possible for any citizen.
Uniform Civil Code will be an additional weapon that would pave the way to the destruction of the rich diverse cultures and traditions that are already under threat of extinction due to the onslaught of the internationally promoted and over-arching modern culture. What the diversity demands is that it is recognized and preserved by taking care of the numerically small and socially or economically backward and other weaker sections of the society.
Most often their voices are not heard and their concerns do not come for serious consideration of those in power! More important and more immediate concern of those in power should not be about bringing a new structure like “Uniform Civil Code,” but the concern should be about the people and their daily needs: people need fresh air, fresh and clean water, nutritious food, a good shelter, and employment opportunities for the employable youth, and equal opportunities to all with no discrimination based on caste, creed, and culture. Let those in authority ensure the safety and security of the common man, especially, women and children.
Let all those in the responsible positions strive to promote a culture of peace, a culture of love towards one another, and a culture of peaceful co-existence!
Conclusion:
As members of Christian Community we need to be critical about what is being planned or contemplated by those in power. We should not be over-reactive but our voice has to be heard. Already at the National level CBCI and CCBI, Syro-Malabar and Syro-Malankara Synods have expressed our views in writing.
Likewise many other Christian Community representatives have also presented views and concerns from the Christians’ point of view. Since draft of UCC is not made public, we do not know what the real content is going to be and what aspects will be hurting the Christian or Muslim minorities or the tribal communities across the nation! Let us hope and wish, and pray that good sense prevails and the UCC does not go against our Christian Community!