The 22nd Law Commission (LC), headed by Justice Ritu Raj Awasthi, has called for public opinion on the proposal of a Uniform Civil Code(UCC) for India. The LC aims to reforming the laws for maximizing justice in society and promoting good governance under the rule of law. The issue of UCC found its origin in the Constituent Assembly debate and the members of the House had voted for its inclusion in the fundamental rights. Later however, it found its place in the Directive Principles of State Policy under Article 44 but still remain fully unimplemented till date.

The UCC must be widely debated among citizens of India before taking a final shape as legislation by the Parliament. Already about 8 lakh respondents have shared their opinion with the LC. The fact is irrespective of  huge diversity and difference in religious faith and socio-cultural and socio-religious identities and sexual orientations, India is being governed by a Constitution that emerged out of the aspirations during the freedom struggle to build a modern, democratic and secular country. For the last 75 years, there has been an attempt to popularize the cherished  constitutional values and put them in practice.

Progressive social reforms and laws are instruments to build an egalitarian society. Religion, caste and gender-based discrimination against human beings/ fellow citizens must be stopped; otherwise we cannot build a nation that was promised in the Preamble of the Constitution. It has also been observed that even if there is protective legislation against discrimination but it is still difficult to enforce the law in the absence of social reform movements by people.  So both social reform within religion and legislation are equally important. 

Political parties have a greater role both in building social reform movement as well as making and enforcing legislation.They must come up with their own position over the issues in public domain rather than limiting UCC to an agenda of cultural nationalism of the RSS -BJP with a slogan of one nation-one law. It is being told by parties opposing the UCC that after abrogation of Article 370 and construction of Ram Mandir, for BJP it is time to push the UCC for polarization in the 2024 Parliament election. It is further said that there is an attempt to selectively target religious minorities' personal laws and appropriating communities practising customary laws and local practices. The fear is that the imposition of UCC may have ramifications over minorities' right to freedom of religion with abolition of institutions officiating personal laws.

But we have to address the concerns and outline our disagreements and proposals based on consensus among diverse communities of faith. However, largely it is argued that when there is a contradiction over religion based personal laws and Constitution based civil laws, the Constitution must be the supreme. So it is good to implement the constitutional law sooner and turn down the old baggage of many forms of inequality in the personal laws.

In a multi-religious and multi-faith country like ours, the faith based personal laws should not govern the civil laws relating to marriage, contracts, separation, inheritance, adoption, family and property rights of individuals of a constitutionally governed secular country. Religion as a personal belief and  faith must have limitations. The right to freedom of religion is well protected in the Constitution of India from Article 25 to 28. Our personal arrangements in family relationships should follow the international human rights standards spelled out under UDHR-1948 and the Constitution of India. Right to marriage is a universal human right. The core principles of human rights values are the dignity of human beings and his/her freedom to choose a life to live without shackles of faith based unilateral  personal laws that are no more relevant to modern living in a civilized society that practises social equality. We must take a leaf from many civilized secular countries and their best practices on personal laws.

Personal laws are based on religious values and practices of traditional societies but in modern democratic society with changing social relationship the civil code of the new socio-political institutions must be abided by all its citizens as a matter of political commitment to a new secular nation State and the constitutional morality which is above religious laws and practices mostly prejudices to human freedom and change.

In every religion, there are fanatic forces, those who oppose change to continue their vested interest by exploiting religious sentiments of people. They must be exposed for correction and changes must be allowed for evolving a new social order in demand.

  When the country has been making  many  attempts to build an inclusive society without discrimination based on religion, caste, ethnicity, gender and  place of birth and by that, trying to build a nation of citizens, there should be equality before law and equal protection of law. With increasing social mobility and social alliances when people want to come out of their narrow identities we must have new social institutions to recognize their relationship but many of the existing personal laws are barriers to inter-faith, inter- caste and inter -tribe marriage and the right to marriage by choice. Our social reforms and social mobility must be supported by laws that are going to manage the new social setting of human relationships.

It it time to reform our so-called customs and traditions based on age-old religious understanding which are not sacrosanct for all time to come and we must allow a new set of socio-political values based on Constitution to enter into our family and social life at large for a better living and dignified social environment. We must deconstruct the new over the old while accepting some of the good things still relevant and reject the old and decadent that remain a barrier to our progress and unity as a nation. We need a more fair, secular civil code that can cover all Indians equally.