Why A Pluralistic Country Needs a Uniform Code?

First of all, let us understand what is a Civil Code before we can even broach the subject of uniform civil code. Civil Code, simply stating, is the code that regulates or governs the civil life of an individual in a country. In other words, civil code deals with issues of marriage and divorce, custody of children, and inheritance or property rights of the citizens, which if you look at it closely…is basically a man’s whole life (minus criminal deeds).

Of course, logical reasoning says that in any country, civil code will be standardised. After all, you cannot have one rule of marriage, divorce, inheritance, etc. for Mr. A living in House 1 and another set of rules for Mr. B living in House 2. Especially, when the country’s constitution conspicuously proclaims to provide ‘equality for all’. Thus, every citizen in any country must be subjected to standardised rules/laws. For that is the true meaning of ‘equality’.

Not just on the basis of equality for all citizens of a country, but if we were to allow a person’s particular religion or religious faith govern or shape his personal laws, we are actually inviting trouble. After all, according to rough estimates, there are more than 4,000 religions in the world. [Note: Of course, when it comes to major religions, there are basically 12, namely: Baha’i, Buddhism, Christianity, Confucianism, Hinduism, Islam, Jainism, Shinto, Sikhism, Taoism, and Zoroastrianism.]

India, of course, is a religiously-pluralistic country, where people of different faiths practice their different religions. Moreover, we are also a secular country, which means we allow people from all religions to practice their religious faiths. In fact, we have extended it a bit further to actually ensure that people live their personal lives as per their faith. Then again, there is some dichotomy here as well. After all, if a Muslim man or woman lives his or her life as per Islamic traditions, how can a Sikh man/woman be denied a similar right to live his/her life as per the traditions laid down in their religion?!? [Note: Sikhs and Jains are actually governed by the Hindu Personal Law.] To be honest, that itself is ‘unequal’ treatment meted out to different people from different religions.

Of course, there is another group that we keep forgetting in this entire debate surrounding the Uniform Civil Code — the atheists! Why should an atheist allow himself or herself to be governed by a religion he/she does not believe in?!? Doesn’t that too reek of unequal treatment?!?

In fact, what about the rights of the Adivasis, who have their own culture and traditions to shape their personal lives. Should there be a civil code for each tribe? Should we draft a civil code every time a person from a new faith lands into our country (after all, we are secular!)?!? [Note: Remember, there are more than 4000 religions in the world]. What if tomorrow some new religion took birth?

In fact, how many civil codes can a country afford to have? Especially one that prides itself on treating all citizens ‘equal’. To be honest, this is why we need a Uniform Civil Code in a religiously pluralistic country like India…so that we can finally provide what the Constitution promised: ‘Equality for all’!