Towards uniform civil code

The assertion of the Law Commission of India chairman on a uniform civil code having nothing to do with any religion or faith is praiseworthy. It is a statement of fundamental truth but one that Indian society may find difficult to fathom. A progressive nation must have just common civil laws, leaving no room for individual religious laws. This applies equally to people of all faiths. As the chairman so rightly pointed out, the state of Goa has a UCC and no one has had a problem with it. He said, “Having the UCC will leave no room for personal laws or separate laws governing marriage, divorce, succession and related matters.”

It is a different matter altogether that, while the Law Commission may rule on first principles of equality in upholding the necessity for a common civil code, the making of such a law would be an onerous task even if a government enjoyed a  brute majority in both Houses of Parliament. It is unwise to bring politics into a matter that has more to do with uniform rights to all in marriage, divorce, property and inheritance. Those who would benefit most from a UCC, which is essentially gender-sensitive, would be women, regardless of religion.

Considering the difficulties that would be placed in the path of the passing of legislation on a civil code because of vote-bank-based politics, the Supreme Court is probably the best institution to rule on what is essentially social welfare and reform rather than a religious issue. A uniform civil code would be welcomed as much by secular and progressive Muslims as well as apolitical Hindus and people of other religions.