BJP, RSS hope for consensus over the Uniform Civil Code as The party had three major agendas at the time of the establishment of the BJP, including the construction of the Ram temple and the repeal of Article 370 of the Constitution from Jammu and Kashmir. Now a major agenda of BJP is left is the Uniform Civil Code.
The NDA government led by Prime Minister Narendra Modi has been working for a long time to implement a uniform code of conduct in the country. It is to be noted that in this regard, some time back the Modi government had asked the Law Commission to examine its implications in the event of implementing a uniform code of conduct (Uniform Civil Code) in the country and also sought a report. According to media reports of this time, this is the first time since independence when a government has sought its opinion from the Law Commission on Uniform Civil Code.
The matter is going on in the court to implement the Uniform Code of Conduct in the country. It is believed that the Delhi High Court may soon take action on the petitions seeking implementation of the Uniform Code of Conduct. On November 15, a bench of Chief Justice DN Patel and Justice C Harishankar will hear it. Last May, the court had asked the Central Government to file its affidavit on PIL regarding its implementation.
It is believed that this move by the Bharatiya Janata Party-led government will start a political controversy as political parties are not unanimous about the implementation of a uniform civil code in the country. Political parties have their arguments on the Uniform Civil Code. If Parliament passes the Uniform Civil Code Bill, then uniform law will be applicable to all citizens across the country.
Uniform civil code or uniform code of conduct means a secular law that applies equally to people of all religions. In other words, the absence of separate civil laws for different religions is the basic spirit of the ‘Uniform Civil Code’. It is above all personal laws of any religion or caste. Uniform law for all citizens of the country. That is, it will be a fair law. When this law is made, Hindus, Muslims, Sikhs and Christians will all have to follow the same law. That is, Muslims will not be able to do even three marriages.
After the Ayodhya verdict, BJP leaders and supporters have started talking about the Uniform Civil Code. On social media, people are now seen talking like Bari of Uniform Civil Code. At the same time, Defense Minister Rajnath Singh said on the question asked by the journalists about the uniform code of conduct that now the time has come.
Let us tell you that Article 44 of the Constitution discusses the Uniform Civil Code. This article related to the Directive Principles of State Policy states that ‘the State shall endeavor to obtain a uniform civil code for citizens in all the territories of India’. It is also mentioned in the Constitution that the Directive Principles are fundamental in the governance of the country and it will be the duty of the state to implement them in making laws. Implementation of Uniform Civil Code in the constitution states the responsibility of the State under Article 44, but it has not been implemented in the country till date. There has been a big debate about this.
While the majority of population of the country has been vehemently demanding to implement the Uniform Civil Code, the minority class has been opposing it. The Muslim community has always argued that its cases fall under Muslim personal law in which the law of the country cannot interfere. While this reasoning among the people of other religions has been the cause of resentment.
At the same time, the discussion on the Common Civil Code has been raised in the Supreme Court only last month. A bench of Justices Deepak Gupta and Anirudh Bose discussed this while hearing a Goa property dispute case. The court said that all the people of the country had expressed their displeasure at the non-implementation of uniform civil code. The court said that the Hindu law was enacted in 1956 but even after 63 years had passed, attempts were not made to enforce uniform civil code across the country. During this time, the court gave the example of Goa. Actually, the Uniform Civil Code is in force in Goa. Let us understand under which circumstances this important law is applicable in only one state of the country.
The Indian state of Goa is a shining example, which has implemented the Uniform Civil Code for all, regardless of religion. Muslim men whose marriages are registered in Goa cannot commit polygamy. There is no provision of oral divorce (triple talaq) for those who believe in Islam. “Under the Uniform Civil Code applicable in Goa, there is the same law for Hindu, Muslim and Christian in respect of succession, dowry and marriage.”. Also, there is a provision in this law that no parent can deprive their children of their property completely. There is also a provision contained in it that if a Muslim registers his marriage in Goa, then polygamy will not be allowed.
In such a situation, it is important to understand how the Common Civil Code is applicable in Goa alone. Actually, the merger of Goa in India and the implementation of Uniform Civil Code there is an interlinked issue. India gained independence from the British rule on 15 August 1947 and India became an independent country, but even then some areas of India were under Portuguese, French colonial rulers, including Goa, Daman Diu and Dadar Nagar Haveli, who’s India could be merged later. The Government of India launched the ‘Operation Vijay’ campaign to gain control over Goa, after which the Indian Parliament passed the Goa, Daman and Diu Administration Act 1962 law for the administration of Goa, Daman and Diu after joining India in the year 1961 did. In this way, the Uniform Civil Code came into force in Goa.
Unity in law for all will increase unity in the country and in a country where there is unity among citizens, there is no discrimination. With this, the country will move rapidly on the path of rapid development. Not only has this, due to different laws of different religions, but the judiciary also had an additional burden. Once it is implemented, the burden of the judiciary will be reduced and due to the time saved and law, many pending cases will also be settled soon.
On the other hand, when the law of every religion will be the same, then in reality the rights and laws of all citizens can be said to be one. In that case, unity will increase among the citizens, not only this, the shops of politicians doing politics in the name of religion will be closed. During the election, the polarization of votes based on castes will also be reduced, which will help in fair elections.
