THE UNIFORM CIVIL CODE
Individual liberty within the bounds of Constitutional law that makes for amity among citizens ought to be the guide in personal practice and not the injunction of any religious body seeking sanction from scriptural texts however exalted by supposition they may be. The citizens are free under the care of a sovereign nation state and ought to be guaranteed uniform rights irrespective of surface differences of gender, religion and whatsoever other status there be in society by way of cultural inheritance. When these rights are infringed upon, constitutional remedy may be sought in the law courts to restore them to their pristine state and, so, protect the violated citizen from such abuse.
The citizens of India are all one before the law, yet, different legal systems in the civil code operate to allow for cultural correctness in the dispensation of justice. This is a contentious issue and needs constant reflection and amendment to bring about the overall cohesion of the polity as such. Perhaps, the Uniform Civil Code is the way. But there must be consensus of all parties concerned in the passing of legislation regarding it. Whatever is the final outcome must conduce to the well-being of the nation and, so, it is better to be circumspect about it while garnering an overwhelming support for it among all quarters instead of rushing into its enactment by sheer weight of legislator votes in Parliament. Undue haste in enactment and implementation of the code will divide society deeper causing further problems in the amalgamation of already severed sections of society owing to inherited historical differences.
Democracy is the rule of the people and, despite the governance of the state by the majority party or alliance of such, all contentious civil decisions that involve the fate of millions must be taken with due consideration of their will to submit to such. The mere motive to bring about their well-being may not prove to be practically paying and education of the masses in the benefits accruing from such legislation is a sine qua non. An enlightened citizenry automatically rejects archaic injunctions and it is the government's job to spread education and awareness among the oppressed sections of society in a manner that these changes in existing laws become easy to bring about. The Uniform Civil Code today seems but a possibility but tomorrow it will be a reality for sure, for the nation in awareness and enlightenment cannot remain fractured along any line forever and must become one.
Written by Sugata Bose
Photo : Kashmiri schoolgirls
Individual liberty within the bounds of Constitutional law that makes for amity among citizens ought to be the guide in personal practice and not the injunction of any religious body seeking sanction from scriptural texts however exalted by supposition they may be. The citizens are free under the care of a sovereign nation state and ought to be guaranteed uniform rights irrespective of surface differences of gender, religion and whatsoever other status there be in society by way of cultural inheritance. When these rights are infringed upon, constitutional remedy may be sought in the law courts to restore them to their pristine state and, so, protect the violated citizen from such abuse.
The citizens of India are all one before the law, yet, different legal systems in the civil code operate to allow for cultural correctness in the dispensation of justice. This is a contentious issue and needs constant reflection and amendment to bring about the overall cohesion of the polity as such. Perhaps, the Uniform Civil Code is the way. But there must be consensus of all parties concerned in the passing of legislation regarding it. Whatever is the final outcome must conduce to the well-being of the nation and, so, it is better to be circumspect about it while garnering an overwhelming support for it among all quarters instead of rushing into its enactment by sheer weight of legislator votes in Parliament. Undue haste in enactment and implementation of the code will divide society deeper causing further problems in the amalgamation of already severed sections of society owing to inherited historical differences.
Democracy is the rule of the people and, despite the governance of the state by the majority party or alliance of such, all contentious civil decisions that involve the fate of millions must be taken with due consideration of their will to submit to such. The mere motive to bring about their well-being may not prove to be practically paying and education of the masses in the benefits accruing from such legislation is a sine qua non. An enlightened citizenry automatically rejects archaic injunctions and it is the government's job to spread education and awareness among the oppressed sections of society in a manner that these changes in existing laws become easy to bring about. The Uniform Civil Code today seems but a possibility but tomorrow it will be a reality for sure, for the nation in awareness and enlightenment cannot remain fractured along any line forever and must become one.
Written by Sugata Bose
Photo : Kashmiri schoolgirls
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