The founding fathers of our nation conceived of India as a multi religious society where all religions will be free to flourish and where state will have no religion. But sometimes the dreams do not come true. Our secularism has been interpreted in a wrong way. Interpretation that all religions are free to flourish has been taken as my religion will flourish at the cost of other religions. This has created unnecessary confrontations among the followers of different religion. Our shrewd politicians never miss a chance to add fuel to fire and whenever the govt. tries to bring some common civil codes for the entire population they fan communal-ism and try to hammer into the mind of the people that govt. is trying to interfere in their personal lives.
What is the need for uniform civil code? The basic ideology behind the formulation of uniform civil code is to kick out any discrimination based on religion. The followers of different religion go by the dictates of their scriptures and preachings of the respective founders of their religion. Surely, there can't be any meeting point. Personal laws have become the main instruments of exploitation and prevailing evils in the society. Now the pertinent question arises that for how long these religious scriptures, preaching and their traditions could be allowed to nullify the cherished goals of the society and the constitution.
Article 44 of the constitution states that state shall endeavor to provide uniform civil code for the citizens of the country within the territory of India. And years have passed and still we have failed to evolve uniform civil code. Article 12 states that state shall provide equal protection of all rights and equality before law. But then also certain laws relating to marriage, inheritance, guardianship, divorce and maintenance and property matters are unjust especially to women. The Shah Bano case created ripples throughout the length and breadth of the country. The then chief justice asserted that uniform civil code would remove disparate loyalties to law which have conflicting ideologies. But whenever there was a demand for civil codes an acrimonious discussion and debate starts. Our shrewd politicians and custodians of religion try to undermine this as per their narrow and parochial approach.
Regressive practices are eulogized for perpetuating the bossism of religious leaders and clever politicians. Every religion preaches equality and shun any kind of discrimination. But the mouth pieces of religion present a distorted picture and the gullible public is taken in by their clever moves. And which religion states inequality and gender based discrimination is indispensable for its very existence. But still there is inequality and discrimination against women. Doesn't it belittle the sanctity of the constitution and of our secular setup.
In reality a complete uniformity in civil matters especially in a country of different cultural settings with divergent religious beliefs and different socio-economic standards is well nigh a far fetched idea, a Utopian ideal and a distant dream. But it is possible due to history forces or socio-economic compulsions some change has come in and husband has assumed unbridled rights. Every religion has some capacity for change and a new social order rationale, humane and liberal is coming.
Change has come in. Women are attracting the attention of the world community. Nobody can live in isolation. Change is imperceptible as the speed of change depends upon the spread of education and raise in the economic standards. In Muslim bureaucracy a tangible change has appeared. Middle classes are saying no to child marriages. Hindu communities must desist from indulging in motivated propaganda as this may create fears and apprehensions in the minds of the Muslims. Religion must become very very personal and it must be restricted to rituals only. State must guarantee equal protection of laws. Broad mindedness is imperative if this dream of uniform civil codes has to be realized. Once realized would consolidate the unity of the country in great measures throughout the length and breadth of the country and guarantee prosperity and progress for all.