As was expected, there is once again an unprecedented support for the UNIFORM CIVIL CODE , like it was for DEMONETISATION as if , We ,Indians have become so INTELLIGENT that we do not even need a Draft of UCC to study and need NO DELIBERATIONS.
It can not be said with certainity , whether we have become INTELLIGENT or Stupid that we do not have the Document in hand and not done any deliberation but are still supporting it.
It is intriguing as to How can the Law Commission invite views when it has not even prepared the Draft and not placed it in Public Domain.
Right now, all we know is that UCC is a proposal to replace the personal laws based on the scriptures and customs of each major religious group with a common set.
Notwithstanding the above, my views on UCC are as follows ;
1. None can deny that we the citizens of this great country be governed by same laws without any discrimination of Religion, Caste, Gender, Class, ethnicity etc.
2. However, when we look around , we find that, there is discrimination ; on gender, on caste basis and even religion. Caste Discrimination is a crime but it is still existing.
3. In that case, we need to think , IS THE LAW ENOUGH to remove that DISCRIMINATION.
4. As I have read about UCC, It is going to help the Women immensely; It would grant all women equal rights and help stop religious atrocities against them. However, without the various Religious Communities accepting it , I fail to understand , How can this be implemented ? Without all communities agreeing on it, This UCC will remain only on Papers. For instance a resident of a village in Haryana still gives importance to the decision of Khap Panchayat and young couples who have gone against their diktats have been punished severely by the Khap Panchayat, the same goes for the Triple Talaq. Mr Buta Singh despite not having done any wrong was declared TANKHIYA by his community , could he have resolved that dispute by approaching the SC. He had to clean the utensils, with a plaque around his neck declaring him a sinner, I believe, to seek mercy of the SIKHS religious body.
5. We need to understand that even in 21st Century most of the marriages take place within the religious community. Who is going to go against the dictats of the community Heads. Its difficult for a common man and particularly women to go against the norms of their respective communities.
6. Therefore, Instead of pushing something from Top, what needs to be done is to impress upon these communities , the benefits of UCC and take them into confidence instead of shoving a law down their throat.
7. Moreover , as the environment is heavily Polarised Today, most people are looking at it from RELIGIOUS POINT of view and so without the knowledge of - What it can lead to- will Voice their opinion For or AGAINST.
8. The Govt must refrain from doing this, as it is like a REFRENDUM , as it happened in UK on the issue of BREXIT , that created Chaos in the country. The People got emotional and Voted in favour of BREXIT , discarding the views of Learned people.
9. This Referendum also has the potential of further Polarisation which may set the country on a dangerous path.
Hence seeking views right now by the Law Commission , appear to me , that the Govt is in a Hurry, to prove a Point, I do not know to WHOM.
Conclusion.
In view of the above, it is better to first prepare the Draft, get communities together, develop trust amongst them, convey to them that UCC is good for all and then take it forward.
I am sure, if we adopt this method surely certain Clauses of UCC will be acceptable to all.
If we do not adopt this method, UCC will remain ONLY on papers. Laws can not be enacted just for the sake of it, or else, they become a MOCKERY and are openly Flouted, like it has happened with RERA, Most are running from Pillar to Post with RERA court Orders for Execution and neither the builder nor the law enforcement agencies are concerned about these RERA court Orders.
The same can happen with UCC also - women might be running with Court orders from pillar to post for assistance and their own community will not be paying any heed.